N.Y. Public Authorities Law § 1287: Construction contracts

§ 1287. Construction contracts. 1. Construction contracts other than

for resource recovery facilities let by the corporation shall be in

conformity with the applicable provisions of section one hundred

thirty-five of the state finance law, but the corporation in its

discretion may assign such contracts for supervision and coordination to

the successful bidder for any subdivision of work for which the

corporation receives bids. Contracts for resource recovery facilities

may be awarded by the corporation in the same manner as by a

municipality pursuant to section one hundred twenty-w of the general

municipal law.

2. Except in the case of contracts for resource recovery facilities

awarded consistent with subdivision one of this section, the corporation

shall not award any construction contract involving an expenditure of

more than ten thousand dollars except to the lowest bidder who in its

opinion is qualified to perform the work required and is responsible and

reliable. The lowest bid shall be deemed to be that which specifically

states the lowest gross sum for which the entire work will be performed,

including all items in the bid proposal. The lowest bid shall be

determined by the corporation on the basis of the gross sum for which

the entire work will be performed, arrived at by a correct computation

of all items specified in the bid therefor at the unit prices contained

in the bid. The corporation may, however, reject any or all bids or

waive any informality in a bid if it believes that the public interest

will be promoted thereby. The corporation may reject any bid if in its

judgment the business and technical organization, plant, resources,

financial standing or experience of the bidder, compared with the work

to be performed, justifies such rejection.

3. Any construction contract awarded by the corporation shall contain

such other terms and conditions, and such provisions for penalties, as

the corporation may deem desirable.

4. Notwithstanding the provisions of any other law to the contrary,

all contracts for public work awarded by the New York state

environmental facilities corporation pursuant to this section shall be

in accordance with section one hundred thirty-nine-f of the state

finance law.