N.Y. Public Authorities Law § 2049-q: Contracts

§ 2049-q. Contracts. 1. 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.

2. 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 or 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 the event that 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 or

proposal shall be accepted from or any contract awarded to any person or

corporation who is in arrears to the authority or the town upon any

obligation of the authority or of the town. 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 the town with respect to any

proposed project. The provisions of this section shall supercede any

inconsistent provisions of the general municipal law, or any other

general, special or local law.