Legislation

Search OpenLegislation Statutes

This entry was published on 2023-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 2350-O
Construction and purchase contracts
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 16
* § 2350-o. Construction and purchase contracts. 1. The agency may, in
its discretion, assign contracts for supervision and coordination to the
successful bidder for any subdivision of work for which the agency
receives bids. Any construction contract awarded by the agency shall
contain such other terms and conditions as the agency may deem
desirable. The agency shall not award any construction contract except
to the lowest bidder who, in its opinion, is qualified to perform the
work required and who is responsible and reliable. The agency 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 agency
may reject any bid, if, in its judgment, the business and technical
organization, plant, resources, financial standing, or experience of the
bidder justifies such rejection in view of the work to be performed.

2. Construction contracts let by the agency shall be in conformity
with the applicable provisions of section one hundred thirty-five of the
state finance law, provided, however, that any contract for the
construction, reconstruction, rehabilitation or improvement of buildings
let by the agency shall not be governed by section one hundred
thirty-five of the state finance law if the agency chooses to utilize a
project labor agreement in accordance with the provisions of section two
hundred twenty-two of the labor law when the record supporting the
decision to enter into such an agreement establishes that it is
justified by the interests underlying the competitive bidding laws.

3. All contracts or leases for the construction, reconstruction,
rehabilitation or improvement of buildings let by the agency shall
comply with the provisions of section two hundred twenty of the labor
law.

4. Notwithstanding any other provision of law to the contrary, the
agency shall not contract, manage, oversee, design or perform a project
of construction unless such project conforms with all the requirements
established by the New York state fire prevention and building code.

* NB Repealed December 31, 2023