§ 1166 — Contracts

§ 1166. Contracts. 1. All contracts, or orders, for work, material or\nsupplies performed or furnished in connection with construction shall be\nawarded by the authority pursuant to resolution. Such contracts, or\norders, for work, material or supplies needed for any particular purpose\ninvolving an expenditure of more than ten thousand dollars shall be\nawarded only after inviting sealed bids or proposals therefor. The\nnotice inviting sealed proposals shall be published at least once in a\nnewspaper or trade paper selected by the authority for such purpose,\nsuch publication to be at least ten days before the date for the receipt\nof bids. If the authority shall not deem it for the interest of the\nauthority to reject all bids, it shall award the contract to the lowest\nbidder, unless the authority shall determine that it is for the public\ninterest that a bid other than the lowest bid should be accepted. In any\ncontract for work, material or supplies, there shall be inserted in the\ndiscretion of the authority a provision that additional work may be done\nor material or supplies furnished for the purpose of completing such\ncontract at an expense not exceeding fifteen per centum of the amount of\nsuch contract if such additional work, materials or supplies shall be\nordered by the authority. The bidder whose bid is accepted shall give\nsecurity for the faithful performance of the contract, and such other\nsecurity as the authority may require, and may be required to maintain\nfor such period as shall be stipulated any construction done under the\ncontract, all in the manner prescribed and required by the authority;\nand the sufficiency of such security shall, in addition to the\njustification and acknowledgment, be approved by the authority. All bids\nor proposals shall be publicly opened by the authority or its duly\nauthorized agent. If the bidder whose bid has been accepted after\nadvertising shall neglect or refuse to accept the contract within five\ndays after written notice that the same has been awarded to him on his\nbid or proposal, or, if he accepts but does not execute the contract and\ngive proper security the authority shall have the right to declare his\ndeposit forfeited, and thereupon it shall be readvertised and relet as\nabove provided. In case any work shall be abandoned by any contractor,\nthe authority may, if the best interest of the authority be thereby\nserved, adopt on behalf of the authority any or all sub-contracts made\nby such contractor for such work and all such sub-contractors shall be\nbound by such adoption if made; and the authority shall in the manner\nprovided herein readvertise and relet the work specified in the original\ncontract exclusive of so much thereof as shall be provided for in the\nsubcontract or subcontracts so adopted. No bid shall be accepted from or\nany contracts awarded to, any person or corporation who is in arrears to\nthe authority, or the county of Onondaga upon any debt or contract, or\nis a defaulter as surety or otherwise upon any obligation of the\nauthority, or the county. Every contract involving an expenditure of\nmore than ten thousand dollars when made and entered into as herein\nprovided for shall be executed in duplicate, one copy of which shall be\nheld by the authority and one copy of which shall be delivered to the\ncontractor. Upon the adoption of a resolution by a vote of two-thirds of\nall the members of the authority stating that, for reasons of efficiency\nor economy, there is need for standardization, purchase contracts for a\nparticular type or kind of equipment, material or supplies of more than\nten thousand dollars may be awarded by the authority to the lowest\nresponsible bidder furnishing the required security after advertisement\nfor sealed bids therefor in the manner provided in this section. Such\nresolution shall contain a full explanation of the reasons for its\nadoption.\n 2. For the purposes of article fifteen-A of the executive law only,\nthe authority shall be deemed a state agency as that term is used in\nsuch article, and its contracts, or orders for work, material or\nsupplies performed or furnished in connection with construction shall be\ndeemed state contracts within the meaning of that term as set forth in\nsuch article.\n