Section 2053-R. 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  timely  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. The person whose bid or proposal 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  person 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  county  upon  any
  obligation  of  the  authority or of the county. 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 county 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  charter  of  the  county.  The
  authority  shall  be  deemed  an  authority  for  the purpose of section
  twenty-eight hundred seventy-eight of this chapter.
    3. 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 its contracts for design, construction,  services  and
  materials  shall  be  deemed  state contracts within the meaning of that
  term as set forth in such article.