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This entry was published on 2014-09-22
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Construction contracts
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 12
§ 1287. Construction contracts. 1. Construction contracts other than
for resource recovery facilities let by the corporation shall be in
conformity with the applicable provisions of section one hundred
thirty-five of the state finance law, but the corporation in its
discretion may assign such contracts for supervision and coordination to
the successful bidder for any subdivision of work for which the
corporation receives bids. Contracts for resource recovery facilities
may be awarded by the corporation in the same manner as by a
municipality pursuant to section one hundred twenty-w of the general
municipal law.

2. Except in the case of contracts for resource recovery facilities
awarded consistent with subdivision one of this section, the corporation
shall not award any construction contract involving an expenditure of
more than ten thousand dollars except to the lowest bidder who in its
opinion is qualified to perform the work required and is responsible and
reliable. The lowest bid shall be deemed to be that which specifically
states the lowest gross sum for which the entire work will be performed,
including all items in the bid proposal. The lowest bid shall be
determined by the corporation on the basis of the gross sum for which
the entire work will be performed, arrived at by a correct computation
of all items specified in the bid therefor at the unit prices contained
in the bid. The corporation may, however, reject any or all bids or
waive any informality in a bid if it believes that the public interest
will be promoted thereby. The corporation may reject any bid if in its
judgment the business and technical organization, plant, resources,
financial standing or experience of the bidder, compared with the work
to be performed, justifies such rejection.

3. Any construction contract awarded by the corporation shall contain
such other terms and conditions, and such provisions for penalties, as
the corporation may deem desirable.

4. Notwithstanding the provisions of any other law to the contrary,
all contracts for public work awarded by the New York state
environmental facilities corporation pursuant to this section shall be
in accordance with section one hundred thirty-nine-f of the state
finance law.