N.Y. Public Authorities Law § 2046-s: Contracts

§ 2046-s. Contracts. 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, may 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.

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 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 security 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 which is in arrears to the agency or the town upon any

obligation of the agency or of the town. 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 town

with respect to any proposed project, and the agency may adopt, utilize,

accept and confirm any bids or proposals submitted to the town and

heretofore or hereafter received and publicly opened by the town. The

provisions of this section shall supersede any inconsistent provisions

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

The agency shall be deemed an authority for the purpose of section

twenty-six hundred four of this chapter.