N.Y. PBG Law § 151 — New York Code / Act PBG / Article 8 / Section 151
Authority construction contracts, cancellation of contracts, disqualification to contract with authority, statement of non-collusion in b...
Status: in_force

§ 151. Authority construction contracts, cancellation of contracts,\ndisqualification to contract with authority, statement of non-collusion\nin bids or proposals.  1. Contracts of an authority for demolition,\nexcavation, construction, alteration, renovation or for purchase of\nmaterials or supplies shall be in such form and contain such combination\nof work or trades and such terms and provisions as may be deemed\nadvisable by the authority. All such contracts, except contracts for the\npurchase of materials or supplies, in excess of fifty thousand dollars\nshall be made on sealed bids, in compliance with a public notice\nadvertised at least once, not less than twenty days before the date set\nfor the receipt of bids, in the official publication of the\nmunicipality, or if none exists, in a newspaper circulating in the\nmunicipality. With respect to contracts for the purchase of materials or\nsupplies in excess of twenty-five thousand dollars, the period of\nadvertisement shall be not less than ten days before the date set for\nthe receipt of bids. If the authority shall deem it to its best interest\nor necessary or desirable to effectuate the purposes of this chapter or\nthe economy and efficiency in construction and operation of a project,\nthe authority by majority vote of its members may either reject all bids\nor readvertise for bids or by unanimous vote of its members may accept a\nbid other than the lowest bid. In any such contract there may be\ninserted in the discretion of the authority, a provision that additional\nwork may be done or materials and supplies furnished or that work or\nmaterials may be omitted for the purpose of completing such contract in\naccordance with any changes, omissions or additions in the\nspecifications of any such contract. Each contract shall provide that in\nthe case of default by the contractor the authority may adopt on behalf\nof the authority all subcontracts made by such contractor and all such\nsubcontractors shall be bound by such adoption if made, and the\nauthority may relet, with or without public advertisement, the work\nspecified in the original contract, exclusive of so much thereof as\nshall be provided in any subcontracts so adopted. An authority may make\nrules and regulations governing the qualifications of bidders, the\nsubmission of combined bids by two or more contractors, the award and\nexecution of the contract, security, if any, for execution and\nperformance of the contract, and any other matters relating to the\ncontract. The bidding may be restricted to those who shall have\nqualified prior to the receipt of bids according to standards fixed by\nthe authority, provided that notice or notices for the submission of\nqualifications shall be published in the official publication of the\nmunicipality, or if none exists, in a newspaper circulating in the\nmunicipality, at least once, not less than ten days prior to the date\nfixed for the filing of qualifications.  Nothing in this section shall\nbe construed to limit the power of the authority to carry out a project\nor any part thereof directly by the officers, agencies and employees of\nthe authority, or by any government, or to purchase or acquire materials\nor supplies through the purchasing officer, department or agency of a\ngovernment.\n  2. A clause shall be inserted in all specifications or contracts\nhereafter made or awarded by any municipal housing authority or by any\nofficial of any municipal housing authority, for work or services\nperformed or to be performed or goods sold or to be sold, to provide\nthat upon the refusal by a person who directly or indirectly derives a\nmonetary benefit which is traceable to such a specification or contract,\nwhen called before a grand jury to testify concerning any transaction or\ncontract had with the state or of any political subdivision thereof, a\npublic authority, a municipal housing authority or with any public\ndepartment, agency or official of the state or of any political\nsubdivision thereof or of any public authority or of a municipal housing\nauthority or subcontract thereunder, to sign a waiver of immunity\nagainst subsequent criminal prosecution or to answer any relevant\nquestion concerning such transaction, contract or subcontract.\n  (a) Such person and any firm, partnership or corporation of which he\nis a member, partner, director or officer, shall be disqualified from\nthereafter selling to or submitting bids to or receiving awards from or\nentering into any contracts with any municipal housing authority or\nofficial thereof or any subcontract thereunder, or sub-contracting with\nany person, firm, partnership or corporation who or which has entered\ninto any such contract or contracts, in relation to such contract or\ncontracts, for goods, work or services, for a period of five years after\nsuch refusal. No person, firm, partnership or corporation who or which\nhas entered into any contract or contracts with the state, or any\npolitical subdivision thereof, a public authority, a municipal housing\nauthority, or with any public department, agency or official of the\nstate or any political subdivision thereof or of any public authority,\nor of a municipal housing authority, for goods, work or services, shall\nenter into a sub-contract thereon with any person, firm or corporation\nwhich is disqualified to contract as provided herein. Such clause shall\nalso provide that\n  (b) Any and all contracts made with any municipal housing authority or\nofficial thereof or any subcontract thereunder, since the effective date\nof this law, by such person and by any firm, partnership or corporation\nof which he is a member, partner, director or officer may be cancelled\nor terminated by the municipal housing authority without incurring any\npenalty or damages on account of such cancellation or termination, but\nany monies owing by the municipal housing authority or by a contractor\nor subcontractor thereunder for goods delivered or work done prior to\nthe cancellation or termination shall be paid.\n  3. (a) Any person who, when called before a grand jury to testify\nconcerning any transaction or contract had with the state, any political\nsubdivision thereof, a public authority, a municipal housing authority\nor with a public department, agency or official of the state or of any\npolitical subdivision thereof or of a public authority or of a municipal\nhousing authority, refuses to sign a waiver of immunity against\nsubsequent criminal prosecution or to answer any relevant question\nconcerning such transaction or contract, and any firm, partnership or\ncorporation of which he is a member, partner, director or officer shall\nbe disqualified from thereafter selling to or submitting bids to or\nreceiving awards from or entering into any contracts with any municipal\nhousing authority or any official of any municipal housing authority\ncreated by the state or any political subdivision, or sub-contracting\nwith any person, firm, partnership or corporation who or which has\nentered into any such contract or contracts, in relation to such\ncontract or contracts, for goods, work or services, for a period of five\nyears after such refusal or until a disqualification shall be removed\npursuant to the applicable provisions of law. No person, firm,\npartnership or corporation who or which has entered into any contract or\ncontracts with the state, or any political subdivision thereof, a public\nauthority, a municipal housing authority, or with any public department,\nagency or official of the state or any political subdivision thereof or\nof any public authority, or of a municipal housing authority, for goods,\nwork or services, shall enter into a sub-contract thereon with any\nperson, firm or corporation which is disqualified to contract as\nprovided herein.\n  (b) It shall be the duty of the officer conducting the investigation\nbefore the grand jury before which the refusal occurs to send notice of\nsuch refusal, together with the names of any firm, partnership or\ncorporation of which the person so refusing is known to be a member,\npartner, officer or director, to the superintendent of public works of\nthe state of New York and the appropriate departments, agencies and\nofficials of the state, political subdivisions thereof or public\nauthorities with whom the person so refusing and any firm, partnership\nor corporation of which he is a member, partner, director or officer, is\nknown to have a contract.\n  4. (a) Any firm, partnership or corporation which has become subject\nto the cancellation or termination of a contract or subcontract or\ndisqualification to contract or subcontract on account of the refusal of\na member, partner, director or officer thereof to waive immunity when\ncalled to testify, as provided in subdivisions two and three of this\nsection, may, upon ten days' notice to the attorney general and to the\nofficer who conducted the investigation before the grand jury in which\nthe refusal occurred, make an application at a special term of the\nsupreme court held within the judicial district in which the refusal\noccurred for an order discontinuing the disqualification. Such\napplication shall be in the form of a petition setting forth grounds,\nincluding that the cooperation by petitioner with the grand jury at the\ntime of the refusal was such, and the amount and degree of control and\nfinancial interest, if any, in the petitioning firm, partnership or\ncorporation by the member, partner, officer or director who refused to\nwaive immunity is such that it will not be in the public interest to\ncancel or terminate petitioner's contracts or subcontracts or to\ncontinue the disqualification, as provided in subdivisions two and three\nof this section.\n  A copy of the petition and accompanying papers shall be served with\nthe notices to be given pursuant to this subdivision.\n  (b) Upon the filing of such petition the court may stay as to\npetitioner, pending a decision upon the petition, the cancellation or\ntermination of any contracts or subcontracts resulting from such refusal\nupon such terms as to notice or otherwise as may be just.\n  (c) At least two days prior to the return day, the officer who\nconducted the investigation before the grand jury and the attorney\ngeneral may file answers to the petition or apply for an order\ndismissing the petition as a matter of law. On or before the return day\nthe petitioner may file a reply to the answer.\n  (d) Upon the return day the court may, upon the petition and answer\nand other papers filed, forthwith render such final order as the case\nrequires, or if a triable issue of fact is duly raised, it shall\nforthwith be tried before a court sitting without a jury or before a\nreferee. The provisions of statute or rule governing references in an\naction shall apply to a reference under this subdivision.\n  (e) The court shall render a final order dismissing the petition on\nthe merits or discontinuing the disqualification upon the ground that\nthe public interest would be served by its discontinuance, and granting\nsuch other relief as to the cancellation or termination of contracts or\nsubcontracts as may be appropriate, but without costs to petitioner.\n  5. (a) Every bid or proposal hereafter made to a municipal housing\nauthority where competitive bidding is required by statute, rule or\nregulation, for work or services performed or to be performed or goods\nsold or to be sold shall contain the following statement subscribed by\nthe bidder and affirmed by such bidder as true under the penalties of\nperjury: Non-collusive bidding certification.\n  (1) By submission of this bid, each bidder and each person signing on\nbehalf of any bidder certifies, and in the case of a joint bid each\nparty thereto certifies as to its own organization, under penalty of\nperjury, that to the best of his knowledge and belief:\n  (i) The prices in this bid have been arrived at independently without\ncollusion, consultation, communication, or agreement, for the purpose of\nrestricting competition, as to any matter relating to such prices with\nany other bidder or with any competitor;\n  (ii) Unless otherwise required by law, the prices which have been\nquoted in this bid have not been knowingly disclosed by the bidder and\nwill not knowingly be disclosed by the bidder prior to opening, directly\nor indirectly, to any other bidder or to any competitor; and\n  (iii) No attempt has been made or will be made by the bidder to induce\nany other person, partnership or corporation to submit or not to submit\na bid for the purpose of restricting competition.\n  (2) A bid shall not be considered for award nor shall any award be\nmade where (1) (i) (ii) and (iii) above have not been complied with;\nprovided however, that if in any case the bidder cannot make the\nforegoing certification, the bidder shall so state and shall furnish\nwith the bid a signed statement which sets forth in detail the reasons\ntherefor. Where (1) (i) (ii) and (iii) above have not been complied\nwith, the bid shall not be considered for award nor shall any award be\nmade unless the municipal housing authority to which the bid is made\ndetermines that such disclosure was not made for the purpose of\nrestricting competition.\n  The fact that a bidder (a) has published price lists, rates, or\ntariffs covering items being procured, (b) has informed prospective\ncustomers of proposed or pending publication of new or revised price\nlists for such items, or (c) has sold the same items to other customers\nat the same prices being bid, does not constitute, without more, a\ndisclosure within the meaning of paragraph (a) of this subdivision.\n  (b) Any bid hereafter made to any municipal housing authority by a\ncorporate bidder for work or services performed or to be performed or\ngoods sold or to be sold, where competitive bidding is required by\nstatute, rule, regulation, or local law, and where such bid contains the\ncertification referred to in paragraph (a) of this subdivision, shall be\ndeemed to have been authorized by the board of directors of the bidder,\nand such authorization shall be deemed to include the signing and\nsubmission of the bid and the inclusion therein of the certificate as to\nnon-collusion as the act and deed of the corporation.\n  6. Notwithstanding the provisions of any other law to the contrary,\nall contracts for public work awarded pursuant to this section by a\nmunicipal housing authority created under article thirteen of the public\nhousing law shall be in accordance with sections one hundred six, one\nhundred six-a and one hundred six-b of the general municipal law.\n