Section 2052-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 the 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. A 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 local governments upon any obligation of the authority
  or of the  local  governments.  Every  contract  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 local governments with respect to any proposed project.
  The  provisions  of  this  section  shall  supersede  any   inconsistent
  provisions  of  the general municipal law, or any other general, special
  or local law, or the charters of  any  of  the  local  governments.  The
  authority  shall  be  deemed  an  authority  for  the purpose of section
  twenty-eight hundred seventy-eight of this chapter.
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