Section 2740. Contracts

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.
    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 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  any  participating  county  upon  any  obligation  of  the
  authority  or any participating 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  any  participating  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  any  participating
  county.
    1.  Provided  further  that  all  contracts  for design, construction,
  services or materials  for  projects  authorized  by  this  title  shall
  require  that  such contracts and documents soliciting bids or proposals
  therefor shall contain or make reference to the following provisions:
    (a)  The  contractor  will  not  discriminate  against  employees   or
  applicants  for  employment  because  of  race,  creed,  color, national
  origin, sex, age, disability, or marital status, and will  undertake  or
  continue  programs  of  affirmative action to insure that minority group
  persons and women are  afforded  equal  employment  opportunity  without
  discrimination.  Such  action  shall be taken with reference, but not be
  limited  to  recruitment,   employment,   job   assignment,   promotion,
  upgrading,  demotion,  transfer,  layoff,  termination,  rates of pay or
  other forms of compensation, and selections for training or  retraining,
  including apprenticeship and on-the-job training.

    (b) At the request of the authority, the contractor shall request each
  employment  agency, labor union, or authorized representative of workers
  with which he or she has a collective bargaining or other  agreement  or
  understanding,  to  furnish  a  written  statement  that such employment
  agency,  labor union or representative shall not discriminate because of
  race, creed, color, national origin, sex,  age,  disability  or  marital
  status  and  that  such  union  or  representative will cooperate in the
  implementation of the contractor's obligations hereunder.
    (c) The contractor will state, in all solicitations or  advertisements
  for  employees  placed by or on behalf of the contractor, in performance
  of the contract that all qualified applicants  will  be  afforded  equal
  employment  opportunity  without  discrimination because of race, creed,
  color, national origin, sex, age, disability or marital status.
    (d) The contractor will  include  the  provisions  of  paragraphs  (a)
  through  (c)  of this subdivision in every subcontract or purchase order
  in such a  manner  that  such  provisions  will  be  binding  upon  each
  subcontractor or vendor as to its working connection with a contract.
    2.  The  authority shall establish procedures and guidelines to ensure
  that contractors and subcontractors undertake  programs  of  affirmative
  action  as  required by this section. Such procedures may require, after
  notice in a bid solicitation, the submission of  an  affirmative  action
  program  prior  to the award of any contract, or at any time thereafter,
  and may require the submission of compliance  reports  relating  to  the
  operation  and  implementation of any affirmative action program adopted
  hereunder. Such procedures and guidelines shall be consistent  with  the
  guidelines  promulgated  by  the  office  of federal contract compliance
  programs  of  the  United  States  department  of  labor   pursuant   to
  presidential  executive  order eleven thousand two hundred forty-six, as
  amended,  and  any  state  statutory  or  regulatory  requirements.  The
  authority  shall,  in  the  promulgation  of  procedures  and guidelines
  pursuant to this section, cooperate with any  federal,  state  or  local
  agency  established  for  the purpose of implementing affirmative action
  compliance programs.
    3.  The  authority  shall  seek  meaningful   participation   in   the
  performance  of  contracts  by  minority  business enterprises and shall
  establish measures and procedures to identify those contracts and  items
  of work for which minority business enterprises may best bid to actively
  and  affirmatively  promote  and  assist  their  participation  so as to
  facilitate the award of a fair share of contracts to  such  enterprises.
  For  purposes  hereof,  "minority  business  enterprise"  shall mean any
  business enterprise which is at least fifty-one per centum owned by,  or
  in  the case of a publicly owned business, at least fifty-one per centum
  of the stock of which is owned by citizens or permanent resident  aliens
  who  are  Black,  Hispanic,  Asian,  American  Indian or women, and such
  ownership interest is real, substantial and continuing.  The  provisions
  of  this  subdivision shall not be construed to limit the ability of any
  minority business enterprise to bid on any contract.
    4. In the  implementation  of  subdivisions  two  and  three  of  this
  section,  the authority shall consider compliance by any contractor with
  the requirements of any federal, state or local law concerning  minority
  business   enterprises   or  equal  employment  opportunity,  which  may
  effectuate the requirements of this section. If the authority determines
  that by virtue of the imposition of the requirements of any such law, in
  respect to contracts affected  by  this  section,  that  the  provisions
  thereof  duplicate  or conflict with such law, the authority shall waive
  the applicability of this section to the extent of such  duplication  or
  conflict.

    5.  In  order  to  implement  the  requirements and objectives of this
  section,  the  authority  shall  be  responsible  for   monitoring   the
  contractors'   compliance  with  the  provisions  hereof,  for  advising
  contractors on the availability of competing qualified minority business
  enterprises  to  perform contracts proposed to be awarded and for making
  recommendations  to  contractors  to  improve  the  access  of  minority
  business enterprises to such contracts.