N.Y. Public Authorities Law § 2047-p: Contracts

§ 2047-p. 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, 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.

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 acknowledgement, 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-six hundred four of this chapter.