N.Y. Public Authorities Law § 1166: Contracts

§ 1166. Contracts. 1. All contracts, or orders, for work, material or

supplies performed or furnished in connection with construction shall be

awarded by the authority pursuant to resolution. Such contracts, or

orders, for work, material or supplies needed for any particular purpose

involving an expenditure of more than ten thousand dollars shall be

awarded only after inviting sealed bids or proposals therefor. The

notice inviting sealed proposals shall be published at least once in a

newspaper or trade paper selected by the authority for such purpose,

such publication to be at least ten days before the date for the receipt

of bids. If the authority shall not deem it for the interest of the

authority to reject all bids, it shall award the contract to the lowest

bidder, unless the authority shall determine that it is for the public

interest that a bid other than the lowest bid should be accepted. In any

contract for work, material or supplies, there shall be inserted in the

discretion of the authority a provision that additional work may be done

or material or supplies furnished for the purpose of completing such

contract at an expense not exceeding fifteen per centum of the amount of

such contract if such additional work, materials or supplies shall be

ordered by the authority. The bidder whose bid is accepted shall give

security for the faithful performance of the contract, and such other

security as the authority may require, and may be required to maintain

for such period as shall be stipulated any construction done under the

contract, all in the manner prescribed and required by the authority;

and the sufficiency of such security shall, in addition to the

justification and acknowledgment, be approved by the authority. All bids

or proposals shall be publicly opened by the authority or its duly

authorized agent. If the bidder whose bid has been accepted after

advertising shall neglect or refuse to accept the contract within five

days after written notice that the same has been awarded to him on his

bid or proposal, or, if he accepts but does not execute the contract and

give proper security the authority shall have the right to declare his

deposit forfeited, and thereupon it shall be readvertised and relet as

above provided. In case any work shall be abandoned by any contractor,

the authority may, if the best interest of the authority be thereby

served, adopt on behalf of the authority any or all sub-contracts made

by such contractor for such work and all such sub-contractors shall be

bound by such adoption if made; and the authority shall in the manner

provided herein readvertise and relet the work specified in the original

contract exclusive of so much thereof as shall be provided for in the

subcontract or subcontracts so adopted. No bid shall be accepted from or

any contracts awarded to, any person or corporation who is in arrears to

the authority, or the county of Onondaga upon any debt or contract, or

is a defaulter as surety or otherwise upon any obligation of the

authority, or the county. Every contract involving an expenditure of

more than ten thousand dollars when made and entered into as herein

provided for shall be executed in duplicate, one copy of which shall be

held by the authority and one copy of which shall be delivered to the

contractor. Upon the adoption of a resolution by a vote of two-thirds of

all the members of the authority stating that, for reasons of efficiency

or economy, there is need for standardization, purchase contracts for a

particular type or kind of equipment, material or supplies of more than

ten thousand dollars may be awarded by the authority to the lowest

responsible bidder furnishing the required security after advertisement

for sealed bids therefor in the manner provided in this section. Such

resolution shall contain a full explanation of the reasons for its

adoption.

2. For the purposes of article fifteen-A of the executive law only,

the authority shall be deemed a state agency as that term is used in

such article, and its contracts, or orders for work, material or

supplies performed or furnished in connection with construction shall be

deemed state contracts within the meaning of that term as set forth in

such article.