N.Y. Public Authorities Law § 2045-p: Contracts

§ 2045-p. Contracts. 1. All contracts or orders, for work, material or

supplies performed or furnished in connection with construction, shall

be awarded by the agency 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 agency 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 agency.

2. The bidder whose bid is accepted shall give security for the

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

agency 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 agency and the sufficiency of

such security shall, in addition to the justification and

acknowledgment, be approved by the agency. 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 agency shall have the right to declare his deposit

forfeited. In case any work shall be abandoned by any contractor, the

agency may, if it determines that the public interest is thereby served,

adopt on behalf of the agency 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

agency or the county upon any obligation of the agency 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 agency and

one copy of which shall be delivered to the contractor. The agency 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 agency 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. The

agency shall be deemed an authority for the purpose of section

twenty-eight hundred seventy-eight of this chapter.