N.Y. Public Authorities Law § 2053-r: Contracts

§ 2053-r. 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 person whose bid or proposal 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 person 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 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 or

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

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

obligation of the authority or of the 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 the 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 the county. The

authority shall be deemed an authority for the purpose of section

twenty-eight hundred seventy-eight of this chapter.

3. For the purposes of article fifteen-A of the executive law only,

the authority shall be deemed a state agency as that term is used in

such article, and its contracts for design, construction, services and

materials shall be deemed state contracts within the meaning of that

term as set forth in such article.