State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-5 > 1108

§  1108. 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.  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  insuch  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.

State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-5 > 1108

§  1108. 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.  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  insuch  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pba > Article-5 > Title-5 > 1108

§  1108. 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.  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  insuch  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.