N.Y. Public Authorities Law § 1199-p: Contracts

§ 1199-p. 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 of the governing body

except as hereinafter provided. Such awards, when applicable, shall be

made in compliance with paragraph (e) of subdivision four and

subdivision seven of section one hundred twenty-w of the general

municipal law. In any construction contract, the authority may provide a

program for the payment of damages for delays and incentive awards in

order to encourage timely project completion. An action, suit or

proceeding contesting the validity of a contract awarded pursuant to

this section, or the validity of the procedures relating to such award,

shall be governed by the provisions of subdivision six of section one

hundred twenty-w of the general municipal law and the term

"municipality" as used in such subdivision six shall mean the authority.

2. 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 any construction

done under the contract for such period as shall be stipulated, all in

the manner prescribed and required by the authority, and the sufficiency

of such security shall, in addition to the justification and

acknowledgement, be approved by the authority. All bids or proposals

shall be publicly opened by the governing body or its duly authorized

agent. If the bidder whose bid or proposal has been accepted after

advertising shall neglect or refuse to accept the contract within five

days after written notice that the contract 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. In case any work shall be abandoned by any

contractor, the authority may, if it determines that the public interest

is thereby served, adopt on behalf of the authority any or all

subcontracts made by such contractor for such work and all such

subcontractors shall be bound by such adoption if made. No bid or

proposal shall be accepted from, or any contract awarded to, any person

or corporation who is in arrears to the authority or the county upon any

obligation of the authority or of the county. Every contract involving

an expenditure of more than five 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. The authority may adopt, utilize, ratify

and confirm any request for proposals, invitation for sealed bids,

plans, specifications and notices heretofore or hereafter published by

the county with respect to any proposed project, and the authority may

adopt, utilize, accept and confirm any bids or proposals submitted to

the county and heretofore or hereafter received and publicly opened by

the county. The provisions of this section shall supersede any

inconsistent provisions of the general municipal law, any other general,

special or local law, or the charter of the county.