State Codes and Statutes

Statutes > New-york > Pbg > Article-8 > 151

§  151.  Authority  construction contracts, cancellation of contracts,  disqualification to contract with authority, statement of  non-collusion  in  bids  or  proposals.    1. Contracts of an authority for demolition,  excavation, construction, alteration,  renovation  or  for  purchase  of  materials or supplies shall be in such form and contain such combination  of  work  or  trades  and  such  terms  and  provisions as may be deemed  advisable by the authority. All such contracts, except contracts for the  purchase of materials or supplies, in excess of fifty  thousand  dollars  shall  be  made  on  sealed  bids,  in  compliance  with a public notice  advertised at least once, not less than twenty days before the date  set  for   the   receipt   of  bids,  in  the  official  publication  of  the  municipality, or if none exists,  in  a  newspaper  circulating  in  the  municipality. With respect to contracts for the purchase of materials or  supplies  in  excess  of  twenty-five  thousand  dollars,  the period of  advertisement shall be not less than ten days before the  date  set  for  the receipt of bids. If the authority shall deem it to its best interest  or  necessary or desirable to effectuate the purposes of this chapter or  the economy and efficiency in construction and operation of  a  project,  the authority by majority vote of its members may either reject all bids  or readvertise for bids or by unanimous vote of its members may accept a  bid  other  than  the  lowest  bid.  In  any  such contract there may be  inserted in the discretion of the authority, a provision that additional  work may be done or materials and supplies furnished  or  that  work  or  materials  may be omitted for the purpose of completing such contract in  accordance  with  any   changes,   omissions   or   additions   in   the  specifications of any such contract. Each contract shall provide that in  the  case of default by the contractor the authority may adopt on behalf  of the authority all subcontracts made by such contractor and  all  such  subcontractors  shall  be  bound  by  such  adoption  if  made,  and the  authority may relet, with or  without  public  advertisement,  the  work  specified  in  the  original  contract,  exclusive of so much thereof as  shall be provided in any subcontracts so adopted. An authority may  make  rules  and  regulations  governing  the  qualifications  of bidders, the  submission of combined bids by two or more contractors,  the  award  and  execution   of  the  contract,  security,  if  any,  for  execution  and  performance of the contract, and  any  other  matters  relating  to  the  contract.  The  bidding  may  be  restricted  to  those  who  shall have  qualified prior to the receipt of bids according to standards  fixed  by  the  authority,  provided  that  notice or notices for the submission of  qualifications shall be published in the  official  publication  of  the  municipality,  or  if  none  exists,  in  a newspaper circulating in the  municipality, at least once, not less than ten days prior  to  the  date  fixed  for  the filing of qualifications.  Nothing in this section shall  be construed to limit the power of the authority to carry out a  project  or  any part thereof directly by the officers, agencies and employees of  the authority, or by any government, or to purchase or acquire materials  or supplies through the purchasing officer, department or  agency  of  a  government.    2.  A  clause  shall  be  inserted  in all specifications or contracts  hereafter made or awarded by any municipal housing authority or  by  any  official  of  any  municipal  housing  authority,  for  work or services  performed or to be performed or goods sold or to  be  sold,  to  provide  that  upon  the refusal by a person who directly or indirectly derives a  monetary benefit which is traceable to such a specification or contract,  when called before a grand jury to testify concerning any transaction or  contract had with the state or of any political subdivision  thereof,  a  public  authority,  a  municipal  housing  authority  or with any public  department, agency  or  official  of  the  state  or  of  any  politicalsubdivision thereof or of any public authority or of a municipal housing  authority  or  subcontract  thereunder,  to  sign  a  waiver of immunity  against subsequent  criminal  prosecution  or  to  answer  any  relevant  question concerning such transaction, contract or subcontract.    (a)  Such  person and any firm, partnership or corporation of which he  is a member, partner, director or officer, shall  be  disqualified  from  thereafter  selling to or submitting bids to or receiving awards from or  entering into any contracts with  any  municipal  housing  authority  or  official  thereof or any subcontract thereunder, or sub-contracting with  any person, firm, partnership or corporation who or  which  has  entered  into  any  such  contract  or contracts, in relation to such contract or  contracts, for goods, work or services, for a period of five years after  such refusal. No person, firm, partnership or corporation who  or  which  has  entered  into  any  contract  or  contracts  with the state, or any  political subdivision thereof, a public authority, a  municipal  housing  authority,  or  with  any  public  department, agency or official of the  state or any political subdivision thereof or of any  public  authority,  or  of a municipal housing authority, for goods, work or services, shall  enter into a sub-contract thereon with any person, firm  or  corporation  which  is disqualified to contract as provided herein. Such clause shall  also provide that    (b) Any and all contracts made with any municipal housing authority or  official thereof or any subcontract thereunder, since the effective date  of this law, by such person and by any firm, partnership or  corporation  of  which  he is a member, partner, director or officer may be cancelled  or terminated by the municipal housing authority without  incurring  any  penalty  or  damages on account of such cancellation or termination, but  any monies owing by the municipal housing authority or by  a  contractor  or  subcontractor  thereunder  for goods delivered or work done prior to  the cancellation or termination shall be paid.    3. (a) Any person who, when called before  a  grand  jury  to  testify  concerning any transaction or contract had with the state, any political  subdivision  thereof,  a public authority, a municipal housing authority  or with a public department, agency or official of the state or  of  any  political subdivision thereof or of a public authority or of a municipal  housing  authority,  refuses  to  sign  a  waiver  of  immunity  against  subsequent criminal prosecution  or  to  answer  any  relevant  question  concerning  such  transaction  or contract, and any firm, partnership or  corporation of which he is a member, partner, director or officer  shall  be  disqualified  from  thereafter  selling  to or submitting bids to or  receiving awards from or entering into any contracts with any  municipal  housing  authority  or  any  official of any municipal housing authority  created by the state or any political  subdivision,  or  sub-contracting  with  any  person,  firm,  partnership  or  corporation who or which has  entered into any  such  contract  or  contracts,  in  relation  to  such  contract or contracts, for goods, work or services, for a period of five  years  after  such  refusal or until a disqualification shall be removed  pursuant  to  the  applicable  provisions  of  law.  No  person,   firm,  partnership or corporation who or which has entered into any contract or  contracts with the state, or any political subdivision thereof, a public  authority, a municipal housing authority, or with any public department,  agency  or official of the state or any political subdivision thereof or  of any public authority, or of a municipal housing authority, for goods,  work or services, shall enter  into  a  sub-contract  thereon  with  any  person,  firm  or  corporation  which  is  disqualified  to  contract as  provided herein.    (b) It shall be the duty of the officer conducting  the  investigation  before  the grand jury before which the refusal occurs to send notice ofsuch refusal, together with  the  names  of  any  firm,  partnership  or  corporation  of  which  the  person so refusing is known to be a member,  partner, officer or director, to the superintendent of public  works  of  the  state  of  New  York  and the appropriate departments, agencies and  officials  of  the  state,  political  subdivisions  thereof  or  public  authorities  with  whom the person so refusing and any firm, partnership  or corporation of which he is a member, partner, director or officer, is  known to have a contract.    4. (a) Any firm, partnership or corporation which has  become  subject  to  the  cancellation  or  termination  of  a contract or subcontract or  disqualification to contract or subcontract on account of the refusal of  a member, partner, director or officer thereof to  waive  immunity  when  called  to  testify,  as  provided in subdivisions two and three of this  section, may, upon ten days' notice to the attorney general and  to  the  officer  who  conducted the investigation before the grand jury in which  the refusal occurred, make an application  at  a  special  term  of  the  supreme  court  held  within  the judicial district in which the refusal  occurred  for  an  order  discontinuing   the   disqualification.   Such  application  shall  be  in the form of a petition setting forth grounds,  including that the cooperation by petitioner with the grand jury at  the  time  of  the refusal was such, and the amount and degree of control and  financial interest, if any, in  the  petitioning  firm,  partnership  or  corporation  by  the member, partner, officer or director who refused to  waive immunity is such that it will not be in  the  public  interest  to  cancel  or  terminate  petitioner's  contracts  or  subcontracts  or  to  continue the disqualification, as provided in subdivisions two and three  of this section.    A copy of the petition and accompanying papers shall  be  served  with  the notices to be given pursuant to this subdivision.    (b)  Upon  the  filing  of  such  petition  the  court  may stay as to  petitioner, pending a decision upon the petition,  the  cancellation  or  termination of any contracts or subcontracts resulting from such refusal  upon such terms as to notice or otherwise as may be just.    (c)  At  least  two  days  prior  to  the  return day, the officer who  conducted the investigation before  the  grand  jury  and  the  attorney  general  may  file  answers  to  the  petition  or  apply  for  an order  dismissing the petition as a matter of law. On or before the return  day  the petitioner may file a reply to the answer.    (d)  Upon  the  return day the court may, upon the petition and answer  and other papers filed, forthwith render such final order  as  the  case  requires,  or  if  a  triable  issue  of  fact  is duly raised, it shall  forthwith be tried before a court sitting without a  jury  or  before  a  referee.  The  provisions  of statute or rule governing references in an  action shall apply to a reference under this subdivision.    (e) The court shall render a final order dismissing  the  petition  on  the  merits  or  discontinuing the disqualification upon the ground that  the public interest would be served by its discontinuance, and  granting  such  other relief as to the cancellation or termination of contracts or  subcontracts as may be appropriate, but without costs to petitioner.    5. (a) Every bid or proposal hereafter made  to  a  municipal  housing  authority  where  competitive  bidding  is  required by statute, rule or  regulation, for work or services performed or to be performed  or  goods  sold  or  to be sold shall contain the following statement subscribed by  the bidder and affirmed by such bidder as true under  the  penalties  of  perjury: Non-collusive bidding certification.    (1)  By submission of this bid, each bidder and each person signing on  behalf of any bidder certifies, and in the case  of  a  joint  bid  eachparty  thereto  certifies  as  to its own organization, under penalty of  perjury, that to the best of his knowledge and belief:    (i)  The prices in this bid have been arrived at independently without  collusion, consultation, communication, or agreement, for the purpose of  restricting competition, as to any matter relating to such  prices  with  any other bidder or with any competitor;    (ii)  Unless  otherwise  required  by  law, the prices which have been  quoted in this bid have not been knowingly disclosed by the  bidder  and  will not knowingly be disclosed by the bidder prior to opening, directly  or indirectly, to any other bidder or to any competitor; and    (iii) No attempt has been made or will be made by the bidder to induce  any  other person, partnership or corporation to submit or not to submit  a bid for the purpose of restricting competition.    (2) A bid shall not be considered for award nor  shall  any  award  be  made  where  (1)  (i)  (ii) and (iii) above have not been complied with;  provided however, that if  in  any  case  the  bidder  cannot  make  the  foregoing  certification,  the  bidder  shall so state and shall furnish  with the bid a signed statement which sets forth in detail  the  reasons  therefor.  Where  (1)  (i)  (ii)  and (iii) above have not been complied  with, the bid shall not be considered for award nor shall any  award  be  made  unless  the  municipal  housing authority to which the bid is made  determines that  such  disclosure  was  not  made  for  the  purpose  of  restricting competition.    The  fact  that  a  bidder  (a)  has  published price lists, rates, or  tariffs covering items being  procured,  (b)  has  informed  prospective  customers  of  proposed  or  pending publication of new or revised price  lists for such items, or (c) has sold the same items to other  customers  at  the  same  prices  being  bid,  does not constitute, without more, a  disclosure within the meaning of paragraph (a) of this subdivision.    (b) Any bid hereafter made to any municipal  housing  authority  by  a  corporate  bidder  for  work or services performed or to be performed or  goods sold or to be sold,  where  competitive  bidding  is  required  by  statute, rule, regulation, or local law, and where such bid contains the  certification referred to in paragraph (a) of this subdivision, shall be  deemed  to have been authorized by the board of directors of the bidder,  and such authorization shall  be  deemed  to  include  the  signing  and  submission of the bid and the inclusion therein of the certificate as to  non-collusion as the act and deed of the corporation.    6.  Notwithstanding  the  provisions of any other law to the contrary,  all contracts for public work awarded pursuant  to  this  section  by  a  municipal housing authority created under article thirteen of the public  housing  law  shall  be in accordance with sections one hundred six, one  hundred six-a and one hundred six-b of the general municipal law.

State Codes and Statutes

Statutes > New-york > Pbg > Article-8 > 151

§  151.  Authority  construction contracts, cancellation of contracts,  disqualification to contract with authority, statement of  non-collusion  in  bids  or  proposals.    1. Contracts of an authority for demolition,  excavation, construction, alteration,  renovation  or  for  purchase  of  materials or supplies shall be in such form and contain such combination  of  work  or  trades  and  such  terms  and  provisions as may be deemed  advisable by the authority. All such contracts, except contracts for the  purchase of materials or supplies, in excess of fifty  thousand  dollars  shall  be  made  on  sealed  bids,  in  compliance  with a public notice  advertised at least once, not less than twenty days before the date  set  for   the   receipt   of  bids,  in  the  official  publication  of  the  municipality, or if none exists,  in  a  newspaper  circulating  in  the  municipality. With respect to contracts for the purchase of materials or  supplies  in  excess  of  twenty-five  thousand  dollars,  the period of  advertisement shall be not less than ten days before the  date  set  for  the receipt of bids. If the authority shall deem it to its best interest  or  necessary or desirable to effectuate the purposes of this chapter or  the economy and efficiency in construction and operation of  a  project,  the authority by majority vote of its members may either reject all bids  or readvertise for bids or by unanimous vote of its members may accept a  bid  other  than  the  lowest  bid.  In  any  such contract there may be  inserted in the discretion of the authority, a provision that additional  work may be done or materials and supplies furnished  or  that  work  or  materials  may be omitted for the purpose of completing such contract in  accordance  with  any   changes,   omissions   or   additions   in   the  specifications of any such contract. Each contract shall provide that in  the  case of default by the contractor the authority may adopt on behalf  of the authority all subcontracts made by such contractor and  all  such  subcontractors  shall  be  bound  by  such  adoption  if  made,  and the  authority may relet, with or  without  public  advertisement,  the  work  specified  in  the  original  contract,  exclusive of so much thereof as  shall be provided in any subcontracts so adopted. An authority may  make  rules  and  regulations  governing  the  qualifications  of bidders, the  submission of combined bids by two or more contractors,  the  award  and  execution   of  the  contract,  security,  if  any,  for  execution  and  performance of the contract, and  any  other  matters  relating  to  the  contract.  The  bidding  may  be  restricted  to  those  who  shall have  qualified prior to the receipt of bids according to standards  fixed  by  the  authority,  provided  that  notice or notices for the submission of  qualifications shall be published in the  official  publication  of  the  municipality,  or  if  none  exists,  in  a newspaper circulating in the  municipality, at least once, not less than ten days prior  to  the  date  fixed  for  the filing of qualifications.  Nothing in this section shall  be construed to limit the power of the authority to carry out a  project  or  any part thereof directly by the officers, agencies and employees of  the authority, or by any government, or to purchase or acquire materials  or supplies through the purchasing officer, department or  agency  of  a  government.    2.  A  clause  shall  be  inserted  in all specifications or contracts  hereafter made or awarded by any municipal housing authority or  by  any  official  of  any  municipal  housing  authority,  for  work or services  performed or to be performed or goods sold or to  be  sold,  to  provide  that  upon  the refusal by a person who directly or indirectly derives a  monetary benefit which is traceable to such a specification or contract,  when called before a grand jury to testify concerning any transaction or  contract had with the state or of any political subdivision  thereof,  a  public  authority,  a  municipal  housing  authority  or with any public  department, agency  or  official  of  the  state  or  of  any  politicalsubdivision thereof or of any public authority or of a municipal housing  authority  or  subcontract  thereunder,  to  sign  a  waiver of immunity  against subsequent  criminal  prosecution  or  to  answer  any  relevant  question concerning such transaction, contract or subcontract.    (a)  Such  person and any firm, partnership or corporation of which he  is a member, partner, director or officer, shall  be  disqualified  from  thereafter  selling to or submitting bids to or receiving awards from or  entering into any contracts with  any  municipal  housing  authority  or  official  thereof or any subcontract thereunder, or sub-contracting with  any person, firm, partnership or corporation who or  which  has  entered  into  any  such  contract  or contracts, in relation to such contract or  contracts, for goods, work or services, for a period of five years after  such refusal. No person, firm, partnership or corporation who  or  which  has  entered  into  any  contract  or  contracts  with the state, or any  political subdivision thereof, a public authority, a  municipal  housing  authority,  or  with  any  public  department, agency or official of the  state or any political subdivision thereof or of any  public  authority,  or  of a municipal housing authority, for goods, work or services, shall  enter into a sub-contract thereon with any person, firm  or  corporation  which  is disqualified to contract as provided herein. Such clause shall  also provide that    (b) Any and all contracts made with any municipal housing authority or  official thereof or any subcontract thereunder, since the effective date  of this law, by such person and by any firm, partnership or  corporation  of  which  he is a member, partner, director or officer may be cancelled  or terminated by the municipal housing authority without  incurring  any  penalty  or  damages on account of such cancellation or termination, but  any monies owing by the municipal housing authority or by  a  contractor  or  subcontractor  thereunder  for goods delivered or work done prior to  the cancellation or termination shall be paid.    3. (a) Any person who, when called before  a  grand  jury  to  testify  concerning any transaction or contract had with the state, any political  subdivision  thereof,  a public authority, a municipal housing authority  or with a public department, agency or official of the state or  of  any  political subdivision thereof or of a public authority or of a municipal  housing  authority,  refuses  to  sign  a  waiver  of  immunity  against  subsequent criminal prosecution  or  to  answer  any  relevant  question  concerning  such  transaction  or contract, and any firm, partnership or  corporation of which he is a member, partner, director or officer  shall  be  disqualified  from  thereafter  selling  to or submitting bids to or  receiving awards from or entering into any contracts with any  municipal  housing  authority  or  any  official of any municipal housing authority  created by the state or any political  subdivision,  or  sub-contracting  with  any  person,  firm,  partnership  or  corporation who or which has  entered into any  such  contract  or  contracts,  in  relation  to  such  contract or contracts, for goods, work or services, for a period of five  years  after  such  refusal or until a disqualification shall be removed  pursuant  to  the  applicable  provisions  of  law.  No  person,   firm,  partnership or corporation who or which has entered into any contract or  contracts with the state, or any political subdivision thereof, a public  authority, a municipal housing authority, or with any public department,  agency  or official of the state or any political subdivision thereof or  of any public authority, or of a municipal housing authority, for goods,  work or services, shall enter  into  a  sub-contract  thereon  with  any  person,  firm  or  corporation  which  is  disqualified  to  contract as  provided herein.    (b) It shall be the duty of the officer conducting  the  investigation  before  the grand jury before which the refusal occurs to send notice ofsuch refusal, together with  the  names  of  any  firm,  partnership  or  corporation  of  which  the  person so refusing is known to be a member,  partner, officer or director, to the superintendent of public  works  of  the  state  of  New  York  and the appropriate departments, agencies and  officials  of  the  state,  political  subdivisions  thereof  or  public  authorities  with  whom the person so refusing and any firm, partnership  or corporation of which he is a member, partner, director or officer, is  known to have a contract.    4. (a) Any firm, partnership or corporation which has  become  subject  to  the  cancellation  or  termination  of  a contract or subcontract or  disqualification to contract or subcontract on account of the refusal of  a member, partner, director or officer thereof to  waive  immunity  when  called  to  testify,  as  provided in subdivisions two and three of this  section, may, upon ten days' notice to the attorney general and  to  the  officer  who  conducted the investigation before the grand jury in which  the refusal occurred, make an application  at  a  special  term  of  the  supreme  court  held  within  the judicial district in which the refusal  occurred  for  an  order  discontinuing   the   disqualification.   Such  application  shall  be  in the form of a petition setting forth grounds,  including that the cooperation by petitioner with the grand jury at  the  time  of  the refusal was such, and the amount and degree of control and  financial interest, if any, in  the  petitioning  firm,  partnership  or  corporation  by  the member, partner, officer or director who refused to  waive immunity is such that it will not be in  the  public  interest  to  cancel  or  terminate  petitioner's  contracts  or  subcontracts  or  to  continue the disqualification, as provided in subdivisions two and three  of this section.    A copy of the petition and accompanying papers shall  be  served  with  the notices to be given pursuant to this subdivision.    (b)  Upon  the  filing  of  such  petition  the  court  may stay as to  petitioner, pending a decision upon the petition,  the  cancellation  or  termination of any contracts or subcontracts resulting from such refusal  upon such terms as to notice or otherwise as may be just.    (c)  At  least  two  days  prior  to  the  return day, the officer who  conducted the investigation before  the  grand  jury  and  the  attorney  general  may  file  answers  to  the  petition  or  apply  for  an order  dismissing the petition as a matter of law. On or before the return  day  the petitioner may file a reply to the answer.    (d)  Upon  the  return day the court may, upon the petition and answer  and other papers filed, forthwith render such final order  as  the  case  requires,  or  if  a  triable  issue  of  fact  is duly raised, it shall  forthwith be tried before a court sitting without a  jury  or  before  a  referee.  The  provisions  of statute or rule governing references in an  action shall apply to a reference under this subdivision.    (e) The court shall render a final order dismissing  the  petition  on  the  merits  or  discontinuing the disqualification upon the ground that  the public interest would be served by its discontinuance, and  granting  such  other relief as to the cancellation or termination of contracts or  subcontracts as may be appropriate, but without costs to petitioner.    5. (a) Every bid or proposal hereafter made  to  a  municipal  housing  authority  where  competitive  bidding  is  required by statute, rule or  regulation, for work or services performed or to be performed  or  goods  sold  or  to be sold shall contain the following statement subscribed by  the bidder and affirmed by such bidder as true under  the  penalties  of  perjury: Non-collusive bidding certification.    (1)  By submission of this bid, each bidder and each person signing on  behalf of any bidder certifies, and in the case  of  a  joint  bid  eachparty  thereto  certifies  as  to its own organization, under penalty of  perjury, that to the best of his knowledge and belief:    (i)  The prices in this bid have been arrived at independently without  collusion, consultation, communication, or agreement, for the purpose of  restricting competition, as to any matter relating to such  prices  with  any other bidder or with any competitor;    (ii)  Unless  otherwise  required  by  law, the prices which have been  quoted in this bid have not been knowingly disclosed by the  bidder  and  will not knowingly be disclosed by the bidder prior to opening, directly  or indirectly, to any other bidder or to any competitor; and    (iii) No attempt has been made or will be made by the bidder to induce  any  other person, partnership or corporation to submit or not to submit  a bid for the purpose of restricting competition.    (2) A bid shall not be considered for award nor  shall  any  award  be  made  where  (1)  (i)  (ii) and (iii) above have not been complied with;  provided however, that if  in  any  case  the  bidder  cannot  make  the  foregoing  certification,  the  bidder  shall so state and shall furnish  with the bid a signed statement which sets forth in detail  the  reasons  therefor.  Where  (1)  (i)  (ii)  and (iii) above have not been complied  with, the bid shall not be considered for award nor shall any  award  be  made  unless  the  municipal  housing authority to which the bid is made  determines that  such  disclosure  was  not  made  for  the  purpose  of  restricting competition.    The  fact  that  a  bidder  (a)  has  published price lists, rates, or  tariffs covering items being  procured,  (b)  has  informed  prospective  customers  of  proposed  or  pending publication of new or revised price  lists for such items, or (c) has sold the same items to other  customers  at  the  same  prices  being  bid,  does not constitute, without more, a  disclosure within the meaning of paragraph (a) of this subdivision.    (b) Any bid hereafter made to any municipal  housing  authority  by  a  corporate  bidder  for  work or services performed or to be performed or  goods sold or to be sold,  where  competitive  bidding  is  required  by  statute, rule, regulation, or local law, and where such bid contains the  certification referred to in paragraph (a) of this subdivision, shall be  deemed  to have been authorized by the board of directors of the bidder,  and such authorization shall  be  deemed  to  include  the  signing  and  submission of the bid and the inclusion therein of the certificate as to  non-collusion as the act and deed of the corporation.    6.  Notwithstanding  the  provisions of any other law to the contrary,  all contracts for public work awarded pursuant  to  this  section  by  a  municipal housing authority created under article thirteen of the public  housing  law  shall  be in accordance with sections one hundred six, one  hundred six-a and one hundred six-b of the general municipal law.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pbg > Article-8 > 151

§  151.  Authority  construction contracts, cancellation of contracts,  disqualification to contract with authority, statement of  non-collusion  in  bids  or  proposals.    1. Contracts of an authority for demolition,  excavation, construction, alteration,  renovation  or  for  purchase  of  materials or supplies shall be in such form and contain such combination  of  work  or  trades  and  such  terms  and  provisions as may be deemed  advisable by the authority. All such contracts, except contracts for the  purchase of materials or supplies, in excess of fifty  thousand  dollars  shall  be  made  on  sealed  bids,  in  compliance  with a public notice  advertised at least once, not less than twenty days before the date  set  for   the   receipt   of  bids,  in  the  official  publication  of  the  municipality, or if none exists,  in  a  newspaper  circulating  in  the  municipality. With respect to contracts for the purchase of materials or  supplies  in  excess  of  twenty-five  thousand  dollars,  the period of  advertisement shall be not less than ten days before the  date  set  for  the receipt of bids. If the authority shall deem it to its best interest  or  necessary or desirable to effectuate the purposes of this chapter or  the economy and efficiency in construction and operation of  a  project,  the authority by majority vote of its members may either reject all bids  or readvertise for bids or by unanimous vote of its members may accept a  bid  other  than  the  lowest  bid.  In  any  such contract there may be  inserted in the discretion of the authority, a provision that additional  work may be done or materials and supplies furnished  or  that  work  or  materials  may be omitted for the purpose of completing such contract in  accordance  with  any   changes,   omissions   or   additions   in   the  specifications of any such contract. Each contract shall provide that in  the  case of default by the contractor the authority may adopt on behalf  of the authority all subcontracts made by such contractor and  all  such  subcontractors  shall  be  bound  by  such  adoption  if  made,  and the  authority may relet, with or  without  public  advertisement,  the  work  specified  in  the  original  contract,  exclusive of so much thereof as  shall be provided in any subcontracts so adopted. An authority may  make  rules  and  regulations  governing  the  qualifications  of bidders, the  submission of combined bids by two or more contractors,  the  award  and  execution   of  the  contract,  security,  if  any,  for  execution  and  performance of the contract, and  any  other  matters  relating  to  the  contract.  The  bidding  may  be  restricted  to  those  who  shall have  qualified prior to the receipt of bids according to standards  fixed  by  the  authority,  provided  that  notice or notices for the submission of  qualifications shall be published in the  official  publication  of  the  municipality,  or  if  none  exists,  in  a newspaper circulating in the  municipality, at least once, not less than ten days prior  to  the  date  fixed  for  the filing of qualifications.  Nothing in this section shall  be construed to limit the power of the authority to carry out a  project  or  any part thereof directly by the officers, agencies and employees of  the authority, or by any government, or to purchase or acquire materials  or supplies through the purchasing officer, department or  agency  of  a  government.    2.  A  clause  shall  be  inserted  in all specifications or contracts  hereafter made or awarded by any municipal housing authority or  by  any  official  of  any  municipal  housing  authority,  for  work or services  performed or to be performed or goods sold or to  be  sold,  to  provide  that  upon  the refusal by a person who directly or indirectly derives a  monetary benefit which is traceable to such a specification or contract,  when called before a grand jury to testify concerning any transaction or  contract had with the state or of any political subdivision  thereof,  a  public  authority,  a  municipal  housing  authority  or with any public  department, agency  or  official  of  the  state  or  of  any  politicalsubdivision thereof or of any public authority or of a municipal housing  authority  or  subcontract  thereunder,  to  sign  a  waiver of immunity  against subsequent  criminal  prosecution  or  to  answer  any  relevant  question concerning such transaction, contract or subcontract.    (a)  Such  person and any firm, partnership or corporation of which he  is a member, partner, director or officer, shall  be  disqualified  from  thereafter  selling to or submitting bids to or receiving awards from or  entering into any contracts with  any  municipal  housing  authority  or  official  thereof or any subcontract thereunder, or sub-contracting with  any person, firm, partnership or corporation who or  which  has  entered  into  any  such  contract  or contracts, in relation to such contract or  contracts, for goods, work or services, for a period of five years after  such refusal. No person, firm, partnership or corporation who  or  which  has  entered  into  any  contract  or  contracts  with the state, or any  political subdivision thereof, a public authority, a  municipal  housing  authority,  or  with  any  public  department, agency or official of the  state or any political subdivision thereof or of any  public  authority,  or  of a municipal housing authority, for goods, work or services, shall  enter into a sub-contract thereon with any person, firm  or  corporation  which  is disqualified to contract as provided herein. Such clause shall  also provide that    (b) Any and all contracts made with any municipal housing authority or  official thereof or any subcontract thereunder, since the effective date  of this law, by such person and by any firm, partnership or  corporation  of  which  he is a member, partner, director or officer may be cancelled  or terminated by the municipal housing authority without  incurring  any  penalty  or  damages on account of such cancellation or termination, but  any monies owing by the municipal housing authority or by  a  contractor  or  subcontractor  thereunder  for goods delivered or work done prior to  the cancellation or termination shall be paid.    3. (a) Any person who, when called before  a  grand  jury  to  testify  concerning any transaction or contract had with the state, any political  subdivision  thereof,  a public authority, a municipal housing authority  or with a public department, agency or official of the state or  of  any  political subdivision thereof or of a public authority or of a municipal  housing  authority,  refuses  to  sign  a  waiver  of  immunity  against  subsequent criminal prosecution  or  to  answer  any  relevant  question  concerning  such  transaction  or contract, and any firm, partnership or  corporation of which he is a member, partner, director or officer  shall  be  disqualified  from  thereafter  selling  to or submitting bids to or  receiving awards from or entering into any contracts with any  municipal  housing  authority  or  any  official of any municipal housing authority  created by the state or any political  subdivision,  or  sub-contracting  with  any  person,  firm,  partnership  or  corporation who or which has  entered into any  such  contract  or  contracts,  in  relation  to  such  contract or contracts, for goods, work or services, for a period of five  years  after  such  refusal or until a disqualification shall be removed  pursuant  to  the  applicable  provisions  of  law.  No  person,   firm,  partnership or corporation who or which has entered into any contract or  contracts with the state, or any political subdivision thereof, a public  authority, a municipal housing authority, or with any public department,  agency  or official of the state or any political subdivision thereof or  of any public authority, or of a municipal housing authority, for goods,  work or services, shall enter  into  a  sub-contract  thereon  with  any  person,  firm  or  corporation  which  is  disqualified  to  contract as  provided herein.    (b) It shall be the duty of the officer conducting  the  investigation  before  the grand jury before which the refusal occurs to send notice ofsuch refusal, together with  the  names  of  any  firm,  partnership  or  corporation  of  which  the  person so refusing is known to be a member,  partner, officer or director, to the superintendent of public  works  of  the  state  of  New  York  and the appropriate departments, agencies and  officials  of  the  state,  political  subdivisions  thereof  or  public  authorities  with  whom the person so refusing and any firm, partnership  or corporation of which he is a member, partner, director or officer, is  known to have a contract.    4. (a) Any firm, partnership or corporation which has  become  subject  to  the  cancellation  or  termination  of  a contract or subcontract or  disqualification to contract or subcontract on account of the refusal of  a member, partner, director or officer thereof to  waive  immunity  when  called  to  testify,  as  provided in subdivisions two and three of this  section, may, upon ten days' notice to the attorney general and  to  the  officer  who  conducted the investigation before the grand jury in which  the refusal occurred, make an application  at  a  special  term  of  the  supreme  court  held  within  the judicial district in which the refusal  occurred  for  an  order  discontinuing   the   disqualification.   Such  application  shall  be  in the form of a petition setting forth grounds,  including that the cooperation by petitioner with the grand jury at  the  time  of  the refusal was such, and the amount and degree of control and  financial interest, if any, in  the  petitioning  firm,  partnership  or  corporation  by  the member, partner, officer or director who refused to  waive immunity is such that it will not be in  the  public  interest  to  cancel  or  terminate  petitioner's  contracts  or  subcontracts  or  to  continue the disqualification, as provided in subdivisions two and three  of this section.    A copy of the petition and accompanying papers shall  be  served  with  the notices to be given pursuant to this subdivision.    (b)  Upon  the  filing  of  such  petition  the  court  may stay as to  petitioner, pending a decision upon the petition,  the  cancellation  or  termination of any contracts or subcontracts resulting from such refusal  upon such terms as to notice or otherwise as may be just.    (c)  At  least  two  days  prior  to  the  return day, the officer who  conducted the investigation before  the  grand  jury  and  the  attorney  general  may  file  answers  to  the  petition  or  apply  for  an order  dismissing the petition as a matter of law. On or before the return  day  the petitioner may file a reply to the answer.    (d)  Upon  the  return day the court may, upon the petition and answer  and other papers filed, forthwith render such final order  as  the  case  requires,  or  if  a  triable  issue  of  fact  is duly raised, it shall  forthwith be tried before a court sitting without a  jury  or  before  a  referee.  The  provisions  of statute or rule governing references in an  action shall apply to a reference under this subdivision.    (e) The court shall render a final order dismissing  the  petition  on  the  merits  or  discontinuing the disqualification upon the ground that  the public interest would be served by its discontinuance, and  granting  such  other relief as to the cancellation or termination of contracts or  subcontracts as may be appropriate, but without costs to petitioner.    5. (a) Every bid or proposal hereafter made  to  a  municipal  housing  authority  where  competitive  bidding  is  required by statute, rule or  regulation, for work or services performed or to be performed  or  goods  sold  or  to be sold shall contain the following statement subscribed by  the bidder and affirmed by such bidder as true under  the  penalties  of  perjury: Non-collusive bidding certification.    (1)  By submission of this bid, each bidder and each person signing on  behalf of any bidder certifies, and in the case  of  a  joint  bid  eachparty  thereto  certifies  as  to its own organization, under penalty of  perjury, that to the best of his knowledge and belief:    (i)  The prices in this bid have been arrived at independently without  collusion, consultation, communication, or agreement, for the purpose of  restricting competition, as to any matter relating to such  prices  with  any other bidder or with any competitor;    (ii)  Unless  otherwise  required  by  law, the prices which have been  quoted in this bid have not been knowingly disclosed by the  bidder  and  will not knowingly be disclosed by the bidder prior to opening, directly  or indirectly, to any other bidder or to any competitor; and    (iii) No attempt has been made or will be made by the bidder to induce  any  other person, partnership or corporation to submit or not to submit  a bid for the purpose of restricting competition.    (2) A bid shall not be considered for award nor  shall  any  award  be  made  where  (1)  (i)  (ii) and (iii) above have not been complied with;  provided however, that if  in  any  case  the  bidder  cannot  make  the  foregoing  certification,  the  bidder  shall so state and shall furnish  with the bid a signed statement which sets forth in detail  the  reasons  therefor.  Where  (1)  (i)  (ii)  and (iii) above have not been complied  with, the bid shall not be considered for award nor shall any  award  be  made  unless  the  municipal  housing authority to which the bid is made  determines that  such  disclosure  was  not  made  for  the  purpose  of  restricting competition.    The  fact  that  a  bidder  (a)  has  published price lists, rates, or  tariffs covering items being  procured,  (b)  has  informed  prospective  customers  of  proposed  or  pending publication of new or revised price  lists for such items, or (c) has sold the same items to other  customers  at  the  same  prices  being  bid,  does not constitute, without more, a  disclosure within the meaning of paragraph (a) of this subdivision.    (b) Any bid hereafter made to any municipal  housing  authority  by  a  corporate  bidder  for  work or services performed or to be performed or  goods sold or to be sold,  where  competitive  bidding  is  required  by  statute, rule, regulation, or local law, and where such bid contains the  certification referred to in paragraph (a) of this subdivision, shall be  deemed  to have been authorized by the board of directors of the bidder,  and such authorization shall  be  deemed  to  include  the  signing  and  submission of the bid and the inclusion therein of the certificate as to  non-collusion as the act and deed of the corporation.    6.  Notwithstanding  the  provisions of any other law to the contrary,  all contracts for public work awarded pursuant  to  this  section  by  a  municipal housing authority created under article thirteen of the public  housing  law  shall  be in accordance with sections one hundred six, one  hundred six-a and one hundred six-b of the general municipal law.