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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 8-D
§ 1199-p. 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 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 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. 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, and the authority 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.