§ 1209 — Contracts

New York § 1209

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 9: New York City Transit Authority
• Art. 5: Public Utility Authorities

Text

§ 1209. Contracts. 1. Any contract for public work, except where there\nis an emergency involving danger to life or property, the estimated cost\nof which exceeds twenty thousand dollars shall be made by the authority\nonly upon public letting founded on sealed bids. Notice of the\ninvitation for such bidding shall state the time and place of the\nreceipt and opening of bids and shall be published once a week for two\nsuccessive weeks in two of the daily newspapers published in the city,\nand in the city records. The authority may reject all such bids and\nreadvertise for new bids if it shall deem it for the public interest so\nto do. If not, it shall award the contract to the lowest responsible\nbidder.\n 2. Any purchase contract, including but not limited to contracts for\nthe purchase of equipment, materials or supplies, the estimated cost of\nwhich exceeds the sum of ten thousand dollars, shall be made by the\nauthority only upon public letting founded on sealed bids, except in a\ncase where the authority, by resolution, declares the existence of an\nemergency or the existence of other circumstances making competitive\nbidding impracticable or inappropriate, except in no instance other than\nin circumstances such as described in paragraph (g) hereof, shall the\nauthority declare that competitive bidding is inappropriate with respect\nto purchase contracts for omnibuses. In each instance when the authority\ndeclares competitive bidding inappropriate it shall state the reasons\ntherefor. Competitive bidding may be declared inappropriate by the\nauthority in instances (a) where the item to be purchased is available\nonly from a single source; or (b) where professional engineering or\narchitectural services are solicited; or (c) where only a single bid is\nreceived in response to an invitation for competitive bids; or (d) where\nthe authority has chosen to standardize a component on the basis of\ncompatibility or maintenance reliability; or (e) where the apparent low\nbidder is declared by the authority to be not qualified to perform the\nterms of the contract; or (f) where the authority wishes to experiment\nwith or test a new product or technology or evaluate the service or\nreliability of a new source for a particular product or component; or\n(g) where the authority by a vote of two-thirds of its members then in\noffice determines that its prior experience with a potential source or\ncontractor has been such as to require, in the public interest, that\nsuch source or contractor not be considered eligible to bid and that\nafter the elimination of said source or contractor from the bidding\nprocess there would effectively remain only a single source for the item\nto be purchased and the authority purchases the item from such source;\nor (h) where the authority by a two-thirds vote of its members\ndetermines, on the basis of its analysis of the competitive situation\namong potential sources for the item to be purchased, is such that it is\nin the public interest to encourage new sources of manufacture or supply\nby awarding a contract by negotiation and without competitive bidding.\nNotice of the invitation for such bidding shall state the time and place\nof the receipt and opening of bids and shall be published in the city\nrecord in five successive issues at least ten days preceding such\nopening. The authority may reject all such bids and readvertise for new\nbids if it shall deem it for the public interest so to do. If not, it\nshall award the contract to the lowest responsible bidder unless the\nauthority, by unanimous vote, shall determine that it is for the public\ninterest that a bid other than that of the lowest responsible bidder\nshall be accepted.\n * 3. A contract for the purchase of rapid transit cars or components\nof rapid transit cars in furtherance or implementation of a capital\nprogram plan approved pursuant to section twelve hundred sixty-nine-b of\nthis article may also be awarded by the authority by negotiation without\ncompetitive bidding provided the following standards and procedures are\ncomplied with:\n (a) The authority, by a vote of not less than eleven of its members,\nshall issue a notice of intention to negotiate for the purchase of rapid\ntransit cars or components thereof. Such notice shall be published in at\nleast one newspaper of general circulation, and a copy thereof shall be\nmailed to all known vendors of such cars or components. Such notice\nshall describe or identify the cars or particular components so to be\npurchased, the factors subject to negotiation, insofar as practicable\nprior to such negotiation, the form and content of the response, and any\nother matter which the authority deems relevant. The factors subject to\nnegotiation shall include, but need not be limited to, financing, cost,\ndelivery schedules, and performance of all or a portion of the contract\nat sites within the state of New York or using goods produced and\nservices provided within the state of New York. Such notice shall\nrequire a respondent to submit as part of the response and in such\ndetail as the authority may require, information relating to the\nexperience of the respondent on the basis of which said respondent\npurports to be qualified to fulfill a contract relating to the subject\nmatter and including the factors identified in the notice.\n (b) The authority shall evaluate the responses to such notice, and\nshall negotiate with those respondents whose responses comply with all\nthe requirements set forth in the notice, including the qualification\nrequirements.\n (c) A public hearing shall be held by the authority upon not less than\nfifteen days notice. Such notice shall state the purpose of the hearing,\nand shall be published in at least one newspaper of general circulation\nand shall be mailed to all vendors from whom offers to negotiate were\nreceived. At such hearing, summaries of all offers received and of all\nnegotiations shall be presented. Public comment shall be heard with\nrespect to such offers and negotiations after which the authority by a\nvote of not less than eleven of its members, shall resolve, on the basis\nof particularized findings relevant to the factors negotiated, that the\naward of the contract on the basis of negotiation for the purchase of\nrapid transit cars or any components thereof will result in savings or\nother benefits to the authority, and that such award is in the public\ninterest.\n As soon as practicable after the adoption of such resolution, the\nauthority shall file such resolution and the contract which is the\nsubject thereof with the New York State Public Authorities Control\nBoard, created by section fifty of this chapter, and with the individual\nmembers thereof, and no such contract shall be awarded by the authority\nif within fifteen days following such filing the Public Authorities\nControl Board has disapproved the award of such contract. Provided if\nthe contract is not approved by the board within the fifteen day period\nand no individual member of the board has certified to the authority in\nwriting of his disapproval within such period, the contract shall be\ndeemed to have been approved.\n (d) Except with respect to a contract to be awarded pursuant to\nparagraph (i) of subdivision two of this section, the notice provided in\nparagraph (c) of this subdivision shall not be issued until forty-five\ndays after issuance of the notice of intention to negotiate referred to\nin paragraph (a) of this subdivision.\n * NB Expired December 31, 1982\n 4. Notwithstanding the provisions of subdivision two of this section,\na contract for the purchase of omnibuses or components of omnibuses in\nfurtherance or implementation of a capital program plan approved\npursuant to section twelve hundred sixty-nine-b of this article may also\nbe awarded by the authority by negotiation without competitive bidding\nprovided the following standards and procedures are complied with:\n (a) The authority, by a vote of not less than two-thirds of its\nmembers then in office, shall issue a notice of intention to solicit\ncompetitive offerings to furnish omnibuses or components thereof, and to\nnegotiate the conditions of a final purchase award. Such notice shall be\npublished in at least one newspaper of general circulation, and a copy\nthereof shall be mailed to all known vendors of such omnibuses or\ncomponents. Such notice shall describe or identify the omnibuses or\nparticular components so to be purchased, the factors subject to\nnegotiation, insofar as practicable prior to such negotiation, the form\nand content of the response, and any other matter which the authority\ndeems relevant. The factors subject to negotiation shall include, but\nneed not be limited to, financing, cost, delivery schedules, and\nperformance of all or a portion of the contract at sites within the\nstate of New York or using goods produced and services provided with the\nstate of New York. Such notice shall require a respondent to submit as\npart of the response and in such detail as the authority may require,\ninformation relating to the experience of the respondent on the basis of\nwhich said respondent purports to be qualified to fulfill a contract\nrelating to the subject matter and including the factors identified in\nthe notice.\n (b) The authority shall evaluate the responses to such notice, and\nshall negotiate with those respondents whose responses comply with all\nthe requirements set forth in the notice, including the qualification\nrequirements.\n (c) A public hearing shall be held by the authority upon not less than\nfifteen days notice. Such notice shall state the purpose of the hearing,\nand shall be published in at least one newspaper of general circulation\nand shall be mailed to all vendors from whom offers to negotiate were\nreceived. At such hearing, summaries of all final offers received and of\nall negotiations shall be presented. Public comment shall be heard with\nrespect to such offers and negotiations after which the authority by a\nvote of not less than eleven of its members, shall resolve, on the basis\nof particularized findings relevant to the factors negotiated, that the\naward of the contract on the basis of negotiation for the purchase of\nomnibuses or any components thereof will result in savings or other\nbenefits to the authority, and that such award is in the public\ninterest.\n In no event, however, shall the authority award a contract for\nomnibuses to a manufacturer whose final offer, as expressed in unit cost\nper omnibus, is more than ten per cent higher than the unit cost of any\nqualified competing final offer, if the sole basis for such award is\nthat the higher priced offer includes more favorable provision for the\nperformance of the contract within the state of New York or the use of\ngoods produced or services provided within the state of New York.\nProvided, however, the authority's directors to award a contract to any\nmanufacturer shall not be so limited if a basis for such award, as\ndetermined by the authority, is superior financing, delivery schedule,\nlife cycle cost, reliability, or any other factor the authority deems\nrelevant to its operation.\n As soon as practicable after the adoption of such resolution, the\nauthority shall file such resolution and the contract which is the\nsubject thereof with the New York state public authorities control\nboard, created by section fifty of this chapter, and with the individual\nmembers thereof. The authority shall provide the public authorities\ncontrol board with any information concerning the decision to award the\ncontract as such board may request, including, but not limited to\nfinancing, delivery schedule, life cycle cost, and reliability of the\nomnibus offers made by all manufacturers competing for the award. No\nsuch contract shall be awarded by the authority if within fifteen days\nfollowing such filing the public authorities control board has\ndisapproved the award of such contract; provided, however, if the\ncontract is not approved by the board within the fifteen day period and\nno individual member of the board has certified to the authority in\nwriting of his disapproval within such period, the contract shall be\ndeemed to have been approved.\n (d) The notice provided in paragraph (c) of this subdivision shall not\nbe issued until forty-five days after issuance of the notice of\nintention to negotiate referred to in paragraph (a) of this subdivision.\n 5. (a) Notwithstanding that funds of the authority may be used\ntherefor, a contract for all or a portion of work involving the\nalteration, expansion or rehabilitation of a passenger station may be\nawarded by the authority, by negotiation without competitive bidding, to\na private entity or the designee of a private entity where the authority\nby vote of not less than eleven of its members approves written findings\nthat such award is expected to permit the alteration, expansion or\nrehabilitation to be carried out in the most efficient and cost\neffective manner, that such private entity has agreed to pay at least\none million dollars toward the cost of the work, that such payment\nrepresents not less than fifty percent of the total cost of the work,\nand that the authority has complied with the procedures provided in\nparagraph (b) of this subdivision. Notwithstanding the foregoing, a\ncontract for all or a portion of work involving the alteration,\nexpansion or rehabilitation of the passenger station located at the\nwestern terminus of the forty-second street shuttle may be awarded by\nthe authority, by negotiation without competitive bidding, to a private\nentity or the designee of a private entity where the authority by vote\nof not less than eleven of its members approves written findings that\nsuch award is expected to permit the alteration, expansion or\nrehabilitation to be carried out in the most efficient and cost\neffective manner, and that the authority has complied with the\nprocedures provided in paragraph (b) of this subdivision.\n (b) Not less than fifteen days prior to the consideration by the board\nof the authority of a contract to be let pursuant to this subdivision, a\nnotice shall be published in at least one newspaper of general\ncirculation. Such notice shall identify the parties to the proposed\ncontract and summarize its terms and conditions. Such notice shall also\ninvite written public comment concerning the proposed contract,\nincluding, to the extent appropriate, the submission of alternatives for\nthe authority's consideration. Such information shall be considered by\nthe board of authority prior to the approval of any contract proposed to\nbe awarded pursuant to this subdivision.\n (c) Any contract entered into pursuant to this subdivision shall\ncomply with the requirements of subdivision thirteen of section twelve\nhundred sixty-six-c of this article.\n 6. The provisions of subdivisions one, two, three and four of this\nsection shall not be applicable to any procurement by the authority\ncommenced during the period from the effective date of this subdivision\nuntil December thirty-first, nineteen hundred ninety-one or during the\nperiod from December sixteenth, nineteen hundred ninety-three until June\nthirtieth, two thousand twenty-eight; and the provisions of subdivisions\nseven, eight, nine, ten, eleven, twelve and thirteen of this section\nshall only apply to procurements by the authority commenced during such\nperiods. The provisions of such subdivisions one, two, three and four\nshall apply to procurements by the authority commenced during the period\nfrom December thirty-first, nineteen hundred ninety-one until December\nsixteenth, nineteen hundred ninety-three, and to procurements by the\nauthority commenced on and after July first, two thousand twenty-eight.\nNotwithstanding the foregoing, the provisions of such subdivisions one,\ntwo, three and four shall apply to (i) the award of any contract of the\nauthority if the bid documents for such contract so provide and such bid\ndocuments are issued within sixty days of the effective date of this\nsubdivision or within sixty days of December sixteenth, nineteen hundred\nninety-three, or (ii) for a period of one hundred eighty days after the\neffective date of this subdivision, or for a period of one hundred\neighty days after December sixteenth, nineteen hundred ninety-three, the\naward of any contract for which an invitation to bid, solicitation,\nrequest for proposal, or any similar document has been issued by the\nauthority prior to the effective date of this subdivision or during the\nperiod from January first, nineteen hundred ninety-two until December\nfifteenth, nineteen hundred ninety-three.\n * 7. (a) Except as otherwise provided in this section, all purchase\ncontracts for supplies, materials or equipment involving an estimated\nexpenditure in excess of one million dollars and all contracts for\npublic work involving an estimated expenditure in excess of one million\ndollars shall be awarded by the authority to the lowest responsible\nbidder after obtaining sealed bids in the manner hereinafter set forth.\nThe aforesaid shall not apply to contracts for personal, architectural,\nengineering or other professional services. The authority may reject all\nbids and obtain new bids in the manner provided by this section when it\nis deemed in the public interest to do so or, in cases where two or more\nresponsible bidders submit identical bids which are the lowest bids,\naward the contract to any of such bidders or obtain new bids from such\nbidders. Nothing in this paragraph shall obligate the authority to seek\nnew bids after the rejection of bids or after cancellation of an\ninvitation to bid. Nothing in this section shall prohibit the evaluation\nof bids on the basis of costs or savings including life cycle costs of\nthe item to be purchased, discounts, and inspection services so long as\nthe invitation to bid reasonably sets forth the criteria to be used in\nevaluating such costs or savings. Life cycle costs may include but shall\nnot be limited to costs or savings associated with installation, energy\nuse, maintenance, operation and salvage or disposal.\n (b) Section twenty-eight hundred seventy-nine of this chapter shall\napply to the authority's acquisition of goods or services of any kind,\nin the actual or estimated amount of fifteen thousand dollars or more,\nprovided that (i) a contract for services in the actual or estimated\namount of one million dollars or less shall not require approval by the\nboard of the authority regardless of the length of the period over which\nthe services are rendered, and provided further that a contract for\nservices in the actual or estimated amount in excess of one million\ndollars shall require approval by the board of the authority regardless\nof the length of the period over which the services are rendered unless\nsuch a contract is awarded to the lowest responsible bidder after\nobtaining sealed bids and (ii) the board of the authority may by\nresolution adopt guidelines that authorize the award of contracts to\nsmall business concerns, to service disabled veteran owned businesses\ncertified pursuant to article seventeen-B of the executive law, or\nminority or women-owned business enterprises certified pursuant to\narticle fifteen-A of the executive law, or purchases of goods or\ntechnology that are recycled or remanufactured, in an amount not to\nexceed one million five hundred thousand dollars without a formal\ncompetitive process and without further board approval. The board of the\nauthority shall adopt guidelines which shall be made publicly available\nfor the awarding of such contract without a formal competitive process.\n * NB Effective until June 30, 2028\n * 7. (a) Except as otherwise provided in this section, all purchase\ncontracts for supplies, materials or equipment involving an estimated\nexpenditure in excess of fifteen thousand dollars and all contracts for\npublic work involving an estimated expenditure in excess of twenty-five\nthousand dollars shall be awarded by the authority to the lowest\nresponsible bidder after obtaining sealed bids in the manner hereinafter\nset forth. The aforesaid shall not apply to contracts for personal,\narchitectural, engineering or other professional services. The authority\nmay reject all bids and obtain new bids in the manner provided by this\nsection when it is deemed in the public interest to do so or, in cases\nwhere two or more responsible bidders submit identical bids which are\nthe lowest bids, award the contract to any of such bidders or obtain new\nbids from such bidders. Nothing herein shall obligate the authority to\nseek new bids after the rejection of bids or after cancellation of an\ninvitation to bid. Nothing in this section shall prohibit the evaluation\nof bids on the basis of costs or savings including life cycle costs of\nthe item to be purchased, discounts, and inspection services so long as\nthe invitation to bid reasonably sets forth the criteria to be used in\nevaluating such costs or savings. Life cycle costs may include but shall\nnot be limited to costs or savings associated with installation, energy\nuse, maintenance, operation and salvage or disposal.\n (b) Section twenty-eight hundred seventy-nine of this chapter shall\napply to the authority's acquisition of goods or services of any kind,\nin the actual or estimated amount of fifteen thousand dollars or more,\nprovided that a contract for personal services in the actual or\nestimated amount of less than twenty thousand dollars shall not require\napproval by the board of the authority regardless of the length of the\nperiod over which the services are rendered, and provided further that a\ncontract for personal services in the actual or estimated amount of\ntwenty thousand dollars or more shall require approval by the board of\nthe authority regardless of the length of the period over which the\nservices are rendered.\n * NB Effective June 30, 2028\n 8. (a) Advertisement for bids, when required by this section, shall be\npublished at least once in a newspaper of general circulation in the\narea served by the authority and in the procurement opportunities\nnewsletter published pursuant to article four-C of the economic\ndevelopment law provided that, notwithstanding the provisions of article\nfour-C of the economic development law, an advertisement shall only be\nrequired when required by this section. Publication in a newspaper of\ngeneral circulation in the area served or in the procurement\nopportunities newsletter shall not be required if bids for contracts for\nsupplies, materials or equipment are of a type regularly purchased by\nthe authority and are to be solicited from a list of potential\nsuppliers, if such list is or has been developed consistent with the\nprovisions of subdivision eleven of this section. Any such advertisement\nshall contain a statement of: (i) the time and place where bids received\npursuant to any notice requesting sealed bids will be publicly opened\nand read; (ii) the name of the contracting agency; (iii) the contract\nidentification number; (iv) a brief description of the public work,\nsupplies, materials, or equipment sought, the location where work is to\nbe performed, goods are to be delivered or services provided and the\ncontract term; (v) the address where bids or proposals are to be\nsubmitted; (vi) the date when bids or proposals are due; (vii) a\ndescription of any eligibility or qualification requirement or\npreference; (viii) a statement as to whether the contract requirements\nmay be fulfilled by a subcontracting, joint venture, or co-production\narrangement; (ix) any other information deemed useful to potential\ncontractors; and (x) the name, address, and telephone number of the\nperson to be contacted for additional information. At least fifteen\nbusiness days shall elapse between the first publication of such\nadvertisement or the solicitation of bids, as the case may be, and the\ndate of opening and reading of bids.\n (b) The authority may designate any officer or employee to open the\nbids at the time and place bids are to be opened and may designate an\nofficer to award the contract to the lowest responsible bidder. Such\ndesignee shall make a record of all bids in such form and detail as the\nauthority shall prescribe. All bids received shall be publicly opened\nand read at the time, place and in the manner specified in the\nadvertisement or specified at the time of solicitation, or to which the\nopening and reading or posting have been adjourned by the authority,\nprovided that any sealed bid may be received and secured through an\nelectronic platform as permitted by the authority, and that any sealed\nbid received electronically is made public at the same time as any\ncompeting paper bid. The authority shall, at minimum, provide the same\nopportunity and time for submitting sealed bids physically as for sealed\nbids submitted electronically, and shall provide the opportunity for\nbidders to submit sealed bids physically any time that it provides the\nopportunity to submit sealed electronic bids. In addition, the authority\nshall establish a process for accommodating force majeure events that\nprevent the submission of a sealed electronic bid, including but not\nlimited to internet and power outage events, and for automatically\nconfirming receipt of any sealed electronic bid received. All bidders\nshall be notified of the time and place of any such adjournment.\n 9. Notwithstanding the foregoing, the authority may, by resolution\napproved by a two-thirds vote of its members then in office or by a\nmajority vote of its members with respect to contracts proposed to be\nlet pursuant to paragraph (a) of this subdivision, declare that\ncompetitive bidding is impractical or inappropriate because of the\nexistence of any of the circumstances hereinafter set forth and\nthereafter the authority may proceed to award contracts without\ncomplying with the requirements of subdivision seven or eight of this\nsection. In each case where the authority declares competitive bidding\nimpractical or inappropriate, it shall state the reason therefor in\nwriting and summarize any negotiations that have been conducted. Except\nfor contracts awarded pursuant to paragraphs (a), (b), (c) and (e) of\nthis subdivision, the authority shall not award any contract pursuant to\nthis subdivision earlier than thirty days from the date on which the\nauthority declares that competitive bidding is impractical or\ninappropriate. Competitive bidding may only be declared impractical or\ninappropriate where: (a) the existence of an emergency involving danger\nto life, safety or property requires immediate action and cannot await\ncompetitive bidding or the item to be purchased is essential to\nefficient operation or the adequate provision of service and as a\nconsequence of an unforeseen circumstance such purchase cannot await\ncompetitive bidding;\n (b) the item to be purchased is available only from a single\nresponsible source, provided that if bids have not been solicited for\nsuch item pursuant to subdivision seven of this section within the\npreceding twelve months, public notice shall first be given pursuant to\nsubdivision eight of this section;\n (c) the authority receives no responsive bids or only a single\nresponsive bid in response to an invitation for competitive bids;\n (d) the authority wishes to experiment with or test a product or\ntechnology or new source for such product or technology or evaluate the\nservice or reliability of such product or technology;\n (e) the item is available through an existing contract between a\nvendor and (i) another public authority provided that such other\nauthority utilized a process of competitive bidding or a process of\ncompetitive requests for proposals to award such contract, (ii) the\nUnited States general services administration provided that such\nadministration utilized a process of competitive bidding or a process of\ncompetitive requests for proposals to award such contract, (iii) Nassau\ncounty or (iv) the state of New York or the city of New York, provided\nthat in any case when the authority under this paragraph determines that\nobtaining such item thereby would be in the public interest and sets\nforth the reasons for such determination. Such rationale shall include,\nbut need not be limited to, a determination of need, a consideration of\nthe procurement method by which the contract was awarded, an analysis of\nalternative procurement sources including an explanation why a\ncompetitive procurement or the use of a centralized contract let by the\ncommissioner of the office of general services is not in the best\ninterest of the authority, and the reasonableness of cost. The authority\nshall accept sole responsibility for any payment due the vendor as a\nresult of the authority's order; or\n (f) the authority determines that it is in the public interest to\naward contracts pursuant to a process for competitive request for\nproposals as hereinafter set forth. For purposes of this section, a\nprocess for competitive request for proposals shall mean a method of\nsoliciting proposals and awarding a contract on the basis of a formal\nevaluation of the characteristics, such as quality, cost, delivery\nschedule and financing of such proposals against stated selection\ncriteria. Public notice of the requests for proposals shall be given in\nthe same manner as provided in subdivision eight of this section and\nshall include the selection criteria. In the event the authority makes a\nmaterial change in the selection criteria from those previously stated\nin the notice, it will inform all proposers of such change and permit\nproposers to modify their proposals.\n * (i) Except for a contract with a value of one hundred million\ndollars or less that is awarded pursuant to this paragraph to the\nproposer whose proposal is the lowest cost, the authority may award a\ncontract pursuant to this paragraph only after a resolution approved by\na two-thirds vote of its members then in office at a public meeting of\nthe authority with such resolution (A) disclosing the other proposers\nand the substance of their proposals, (B) summarizing the negotiation\nprocess including the opportunities, if any, available to proposers to\npresent and modify their proposals, and (C) setting forth the criteria\nupon which the selection was made provided however that for purposes of\nthis subparagraph the board may, at its discretion, require such a\nresolution be approved for contracts with a value of one hundred million\ndollars or less.\n * NB Effective until June 30, 2028\n * (i) The authority may award a contract pursuant to this paragraph\nonly after a resolution approved by a two-thirds vote of its members\nthen in office at a public meeting of the authority with such resolution\n(A) disclosing the other proposers and the substance of their proposals,\n(B) summarizing the negotiation process including the opportunities, if\nany, available to proposers to present and modify their proposals, and\n(C) setting forth the criteria upon which the selection was made.\n * NB Effective June 30, 2028\n (ii) Nothing in this paragraph shall require or preclude (A)\nnegotiations with any proposers following the receipt of responses to\nthe request for proposals, or (B) the rejection of any or all proposals\nat any time. Upon the rejection of all proposals, the authority may\nsolicit new proposals or bids in any manner prescribed in this section.\n (g) the authority issues a competitive request for proposals pursuant\nto the procedures of paragraph (f) of this subdivision for the purchase\nor rehabilitation of rapid transit cars and omnibuses. Any such request\nmay include among the stated selection criteria the performance of all\nor a portion of the contract at sites within the state of New York or\nthe use of goods produced or services provided within the state of New\nYork, provided however that in no event shall the authority award a\ncontract to a manufacturer whose final offer, as expressed in unit cost\nis more than ten percent higher than the unit cost of any qualified\ncompeting final offer, if the sole basis for such award is that the\nhigher priced offer includes more favorable provision for the\nperformance of the contract within the state of New York or the use of\ngoods produced or services provided within the state of New York, and\nfurther provided that the authority's discretion to award a contract to\nany manufacturer shall not be so limited if a basis for such award, as\ndetermined by the authority, is superior financing, delivery schedule,\nlife cycle, reliability, or any other factor the authority deems\nrelevant to its operations.\n * (i) Except for a contract with a value of one hundred million\ndollars or less that is awarded pursuant to this paragraph to the\nproposer whose proposal is the lowest cost, the authority may award a\ncontract pursuant to this paragraph only after a resolution approved by\na vote of not less than two-thirds of its members then in office at a\npublic meeting of the authority with such resolution (A) disclosing the\nother proposers and the substance of their proposals, (B) summarizing\nthe negotiation process including the opportunities, if any, available\nto proposers to present and modify their proposals, and (C) setting\nforth the criteria upon which the selection was made provided however\nthat for purposes of this subparagraph the board may, at its discretion,\nrequire such a resolution be approved for contracts with a value of one\nhundred million dollars or less.\n * NB Effective until June 30, 2028\n * (i) The authority may award a contract pursuant to this paragraph\nonly after a resolution approved by a vote of not less than two-thirds\nof its members then in office at a public meeting of the authority with\nsuch resolution (A) disclosing the other proposers and the substance of\ntheir proposals, (B) summarizing the negotiation process including the\nopportunities, if any, available to proposers to present and modify\ntheir proposals, and (C) setting forth the criteria upon which the\nselection was made.\n * NB Effective June 30, 2028\n (ii) Nothing in this paragraph shall require or preclude (A)\nnegotiations with any proposers following the receipt of responses to\nthe request for proposals, or (B) the rejection of any or all proposals\nat any time. Upon the rejection of all proposals, the authority may\nsolicit new proposals or bids in any manner prescribed in this section.\n 10. Upon the adoption of a resolution by the authority stating, for\nreasons of efficiency, economy, compatibility or maintenance\nreliability, that there is a need for standardization, the authority may\nestablish procedures whereby particular supplies, materials or equipment\nare identified on a qualified products list. Such procedures shall\nprovide for products or vendors to be added to or deleted from such list\nand shall include provisions for public advertisement of the manner in\nwhich such lists are compiled. The authority shall review such list no\nless than once a year for the purpose of making modifications thereto.\nContracts for particular supplies, materials or equipment identified on\na qualified products list may be awarded by the authority to the lowest\nresponsible bidder after obtaining sealed bids in accordance with this\nsection or without competitive sealed bids in instances when the item is\navailable from only a single source, except that the authority may\ndispense with advertising provided that it mails copies of the\ninvitation to bid to all vendors of the particular item on the qualified\nproducts list.\n 11. The authority shall compile a list of potential sources of\nsupplies, materials or equipment regularly purchased. The authority\nshall, by resolution, set forth the procedures it has established to\nidentify new sources and to notify such new sources of the opportunity\nto bid for contracts for the purchase of supplies, materials or\nequipment. Such procedures shall include, but not be limited to: (a)\nadvertising in trade journals; (b) cooperation with federal, state and\nlocal agencies within its area of operations; (c) publication in the\nstate register quarterly; and (d) procedures established pursuant to\nsubdivision thirteen of section twelve hundred sixty-six-c of this\narticle.\n 12. The provisions of this section shall not supersede any other\nprovisions of law relative to purchases of products or devices\nmanufactured or provided by the blind or other severely handicapped\npersons, to the invitation and acceptance of bids from small or minority\nbusiness enterprises or to the purchases of supplies, materials or\nequipment through the office of general services. Except as may\notherwise be provided by law or as more restrictively defined in the\nofficial policy or bid specifications of the authority, the term "small\nbusiness" means a small business or similar term, under federal\nregulations applicable to projects of the authority which are federally\nassisted.\n * 13. Notwithstanding any other provisions in this section, the\nauthority shall be allowed to use an electronic bidding system for the\npurchase of goods, materials, and commodities that may inform bidders\nwhether their bid is the current low bid, and allow bidders to submit\nnew bids before the date and time assigned for the opening of bids. Such\nprocedure shall not constitute disclosure of bids in violation of\nsection twenty-eight hundred seventy-eight of this chapter.\n * NB Effective until June 30, 2028\n * 13. The provisions of this section shall not apply to any\nprocurement made by any other public entity not otherwise required by\nlaw to award contracts for such purchases to the lowest responsible\nbidder if such purchases are made at the sole cost and expense of such\nentity.\n * NB Effective June 30, 2028\n * 14. The provisions of this section shall not apply to any\nprocurement made by any other public entity not otherwise required by\nlaw to award contracts for such purchases to the lowest responsible\nbidder if such purchases are made at the sole cost and expense of such\nentity.\n * NB Repealed June 30, 2028\n 15. (a) Whenever the comptroller pursuant to section twenty-eight\nhundred seventy-nine-a of this chapter intends to require supervision in\nthe form of prior review and approval of a contract or contract\namendment to be awarded by the authority pursuant to this section, then\nsuch contract or contract amendment shall be submitted to the\ncomptroller by the authority for approval and shall not be a valid\nenforceable contract unless it shall first have been approved by the\ncomptroller but only if the comptroller has notified the authority of\nsuch determination within thirty days of having received written notice\nof such contract or contract amendment either in the authority's annual\nreport or any revised report;\n (b) If the comptroller has timely notified the authority as provided\nin paragraph (a) of this subdivision that any contract or contract\namendment shall be subject to comptroller prior review and approval, and\nsuch contract or contract amendment has been submitted to the\ncomptroller, it shall become valid and enforceable without such approval\nif the comptroller has not approved or disapproved it within thirty days\nof submission to the comptroller.\n