Section 2350-O. Construction and purchase contracts  


Latest version.
  • 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 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.