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This entry was published on 2014-09-22
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Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 4
§ 1088. Contracts. 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. Such contracts, or
orders, for work, material or supplies needed for any particular purpose
involving an expenditure of more than five thousand dollars shall be
awarded only after inviting sealed bids or proposals therefor. The
notice inviting sealed proposals shall be published at least once in a
newspaper or trade paper selected by the authority for such purpose,
such publication to be at least ten days before the date for the receipt
of bids. If the authority shall not deem it for the interest of the
authority to reject all bids, it shall award the contract to the lowest
bidder, unless the authority shall determine that it is for the public
interest that a bid other than the lowest bid should be accepted. In any
contract for work, material or supplies, there shall be inserted in the
discretion of the authority a provision that additional work may be done
or material or supplies furnished for the purpose of completing such
contract at an expense not exceeding fifteen per centum of the amount of
such contract if such additional work, materials or supplies shall be
ordered by the authority. 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
for such period as shall be stipulated any construction done under the
contract, all in the manner prescribed and required by the authority;
and the sufficiency of such security shall, in addition to the
justification and acknowledgment, be approved by the authority. All bids
or proposals shall be publicly opened by the authority or its duly
authorized agent. If the bidder whose bid has been accepted after
advertising shall neglect or refuse to accept the contract within five
days after written notice that the same 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, and thereupon it shall be readvertised and relet as
above provided. In case any work shall be abandoned by any contractor,
the authority may, if the best interest of the authority be thereby
served, adopt on behalf of the authority any or all sub-contracts made
by such contractor for such work and all such sub-contractors shall be
bound by such adoption if made; and the authority shall in the manner
provided herein readvertise and relet the work specified in the original
contract exclusive of so much thereof as shall be provided for in the
sub-contract or sub-contracts so adopted. No bid shall be accepted from
or any contracts awarded to, any person or corporation who is in arrears
to the authority, or the county of Suffolk upon any debt or contract, or
is a defaulter as surety or otherwise upon any obligation of the
authority, or 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 authority and one copy of which shall be delivered to the
contractor. Upon the adoption of a resolution by a vote of two-thirds of
all the members of the authority stating that, for reasons of efficiency
or economy, there is need for standardization, purchase contracts for a
particular type or kind of equipment, material or supplies of more than
five thousand dollars may be awarded by the authority to the lowest
responsible bidder furnishing the required security after advertisement
for sealed bids therefor in the manner provided in this section. Such
resolution shall contain a full explanation of the reasons for its