Section 1108. Contracts  


Latest version.
  • 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.  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 percentum 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 interests 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 Monroe 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
      adoption.
        2.  For  the  purposes of article fifteen-A of the executive law only,
      the authority shall be deemed a state agency as that  term  is  used  in
    
      such  article,  and all contracts for procurement, design, construction,
      services and materials  shall  be  deemed  state  contracts  within  the
      meaning of that term as set forth in such article.