N.Y. Public Authorities Law § 2041-o: Contracts

§ 2041-o. Contracts. 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.

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 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 proposal shall be accepted from or any contract awarded to,

any person or corporation who is in arrears to the authority or any

participating county upon any obligation of the authority or any

participating county. Every contract 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

any participating county with respect to any proposed project. The

provisions of this section shall supersede any inconsistent provisions

of the general municipal law, or any other general, special or local

law, or the charter of any participating county.

The authority shall ensure that, where possible, all employees or

applicants for employment are afforded equal employment opportunity

without discrimination.