Section 1287. Construction contracts  


Latest version.
  • 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.