NY Pub Auth L § 1209 (2021)
2021 New York Laws PBA - Public Authorities Article 5 - Public Utility Authorities Title 9 - New York City Transit Authority 1209 - Contracts.

§ 1209. Contracts. 1. Any contract for public work, except where there is an emergency involving danger to life or property, the estimated cost of  which exceeds twenty thousand dollars shall be made by the authority only  upon  public  letting  founded  on  sealed  bids.  Notice  of  the invitation  for  such  bidding  shall  state  the  time and place of the receipt and opening of bids and shall be published once a week  for  two successive  weeks  in two of the daily newspapers published in the city, and in the city records. The authority may  reject  all  such  bids  and readvertise  for new bids if it shall deem it for the public interest so to do. If not, it shall award the contract  to  the  lowest  responsible bidder.   2.  Any  purchase contract, including but not limited to contracts for the purchase of equipment, materials or supplies, the estimated cost  of which  exceeds  the  sum  of  ten thousand dollars, shall be made by the authority only upon public letting founded on sealed bids, except  in  a case  where  the  authority, by resolution, declares the existence of an emergency or the existence of  other  circumstances  making  competitive bidding impracticable or inappropriate, except in no instance other than in  circumstances  such  as described in paragraph (g) hereof, shall the authority declare that competitive bidding is inappropriate with respect to purchase contracts for omnibuses. In each instance when the authority declares competitive bidding inappropriate it shall  state  the  reasons therefor.  Competitive  bidding  may  be  declared  inappropriate by the authority in instances (a) where the item to be purchased  is  available only  from  a  single  source;  or (b) where professional engineering or architectural services are solicited; or (c) where only a single bid  is received in response to an invitation for competitive bids; or (d) where the  authority  has  chosen  to  standardize a component on the basis of compatibility or maintenance reliability; or (e) where the apparent  low bidder  is  declared by the authority to be not qualified to perform the terms of the contract; or (f) where the authority wishes  to  experiment with  or  test  a  new  product or technology or evaluate the service or reliability of a new source for a particular product  or  component;  or (g)  where  the authority by a vote of two-thirds of its members then in office determines that its prior experience with a potential  source  or contractor  has  been  such  as to require, in the public interest, that such source or contractor not be considered eligible  to  bid  and  that after  the  elimination  of  said  source or contractor from the bidding process there would effectively remain only a single source for the item to be purchased and the authority purchases the item from  such  source; or  (h)  where  the  authority  by  a  two-thirds  vote  of  its members determines, on the basis of its analysis of  the  competitive  situation among potential sources for the item to be purchased, is such that it is in the public interest to encourage new sources of manufacture or supply by  awarding  a contract by negotiation and without competitive bidding. Notice of the invitation for such bidding shall state the time and place of the receipt and opening of bids and shall be published  in  the  city record  in  five  successive  issues  at  least  ten days preceding such opening. The authority may reject all such bids and readvertise for  new bids  if  it  shall deem it for the public interest so to do. If not, it shall award the contract to the lowest  responsible  bidder  unless  the authority,  by unanimous vote, shall determine that it is for the public interest that a bid other than that of  the  lowest  responsible  bidder shall be accepted.   * 3.  A  contract for the purchase of rapid transit cars or components of rapid transit cars in furtherance  or  implementation  of  a  capital program plan approved pursuant to section twelve hundred sixty-nine-b of this article may also be awarded by the authority by negotiation without  competitive  bidding provided the following standards and procedures are complied with:  (a)  The  authority, by a vote of not less than eleven of its members, shall issue a notice of intention to negotiate for the purchase of rapid transit cars or components thereof. Such notice shall be published in at least one newspaper of general circulation, and a copy thereof shall  be mailed  to  all  known  vendors  of such cars or components. Such notice shall describe or identify the cars or particular components  so  to  be purchased,  the  factors  subject to negotiation, insofar as practicable prior to such negotiation, the form and content of the response, and any other matter which the authority deems relevant. The factors subject  to negotiation  shall include, but need not be limited to, financing, cost, delivery schedules, and performance of all or a portion of the  contract at  sites  within  the  state  of  New  York or using goods produced and services provided within the  state  of  New  York.  Such  notice  shall require  a  respondent  to  submit  as  part of the response and in such detail as  the  authority  may  require,  information  relating  to  the experience  of  the  respondent  on  the  basis of which said respondent purports to be qualified to fulfill a contract relating to  the  subject matter and including the factors identified in the notice.  (b)  The  authority  shall  evaluate the responses to such notice, and shall negotiate with those respondents whose responses comply  with  all the  requirements  set  forth in the notice, including the qualification requirements.  (c) A public hearing shall be held by the authority upon not less than fifteen days notice. Such notice shall state the purpose of the hearing, and shall be published in at least one newspaper of general  circulation and  shall  be  mailed to all vendors from whom offers to negotiate were received. At such hearing, summaries of all offers received and  of  all negotiations  shall  be  presented.  Public  comment shall be heard with respect to such offers and negotiations after which the authority  by  a vote of not less than eleven of its members, shall resolve, on the basis of  particularized findings relevant to the factors negotiated, that the award of the contract on the basis of negotiation for  the  purchase  of rapid  transit  cars or any components thereof will result in savings or other benefits to the authority, and that such award is  in  the  public interest.   As  soon  as  practicable  after  the adoption of such resolution, the authority shall file such resolution  and  the  contract  which  is  the subject  thereof  with  the  New  York  State Public Authorities Control Board, created by section fifty of this chapter, and with the individual members thereof, and no such contract shall be awarded by the  authority if  within  fifteen  days  following  such filing the Public Authorities Control Board has disapproved the award of such  contract.  Provided  if the  contract is not approved by the board within the fifteen day period and no individual member of the board has certified to the authority  in writing  of  his  disapproval  within such period, the contract shall be deemed to have been approved.  (d) Except with respect to  a  contract  to  be  awarded  pursuant  to paragraph (i) of subdivision two of this section, the notice provided in paragraph  (c)  of this subdivision shall not be issued until forty-five days after issuance of the notice of intention to negotiate referred  to in paragraph (a) of this subdivision.   * NB Expired December 31, 1982   4.  Notwithstanding the provisions of subdivision two of this section, a contract for the purchase of omnibuses or components of  omnibuses  in furtherance  or  implementation  of  a  capital  program  plan  approved pursuant to section twelve hundred sixty-nine-b of this article may also  be awarded by the authority by negotiation without  competitive  bidding provided the following standards and procedures are complied with:  (a)  The  authority,  by  a  vote  of  not less than two-thirds of its members then in office, shall issue a notice  of  intention  to  solicit competitive offerings to furnish omnibuses or components thereof, and to negotiate the conditions of a final purchase award. Such notice shall be published  in  at least one newspaper of general circulation, and a copy thereof shall be mailed to  all  known  vendors  of  such  omnibuses  or components.    Such  notice  shall describe or identify the omnibuses or particular components  so  to  be  purchased,  the  factors  subject  to negotiation,  insofar as practicable prior to such negotiation, the form and content of the response, and any other matter  which  the  authority deems  relevant.  The  factors subject to negotiation shall include, but need not  be  limited  to,  financing,  cost,  delivery  schedules,  and performance  of  all  or  a  portion of the contract at sites within the state of New York or using goods produced and services provided with the state of New York. Such notice shall require a respondent to  submit  as part  of  the  response and in such detail as the authority may require, information relating to the experience of the respondent on the basis of which said respondent purports to be qualified  to  fulfill  a  contract relating  to  the subject matter and including the factors identified in the notice.  (b) The authority shall evaluate the responses  to  such  notice,  and shall  negotiate  with those respondents whose responses comply with all the requirements set forth in the notice,  including  the  qualification requirements.  (c) A public hearing shall be held by the authority upon not less than fifteen days notice. Such notice shall state the purpose of the hearing, and  shall be published in at least one newspaper of general circulation and shall be mailed to all vendors from whom offers  to  negotiate  were received. At such hearing, summaries of all final offers received and of all  negotiations shall be presented. Public comment shall be heard with respect to such offers and negotiations after which the authority  by  a vote of not less than eleven of its members, shall resolve, on the basis of  particularized findings relevant to the factors negotiated, that the award of the contract on the basis of negotiation for  the  purchase  of omnibuses  or  any  components  thereof  will result in savings or other benefits to the  authority,  and  that  such  award  is  in  the  public interest.   In  no  event,  however,  shall  the  authority  award  a contract for omnibuses to a manufacturer whose final offer, as expressed in unit cost per omnibus, is more than ten per cent higher than the unit cost of  any qualified  competing  final  offer,  if the sole basis for such award is that the higher priced offer includes more favorable provision  for  the performance  of  the contract within the state of New York or the use of goods produced or services  provided  within  the  state  of  New  York. Provided,  however, the authority's directors to award a contract to any manufacturer shall not be so limited if  a  basis  for  such  award,  as determined  by  the authority, is superior financing, delivery schedule, life cycle cost, reliability, or any other factor  the  authority  deems relevant to its operation.   As  soon  as  practicable  after  the adoption of such resolution, the authority shall file such resolution  and  the  contract  which  is  the subject  thereof  with  the  New  York  state public authorities control board, created by section fifty of this chapter, and with the individual members thereof. The authority  shall  provide  the  public  authorities control  board with any information concerning the decision to award the contract as such board  may  request,  including,  but  not  limited  to  financing,  delivery  schedule,  life cycle cost, and reliability of the omnibus offers made by all manufacturers competing  for  the  award.  No such  contract  shall be awarded by the authority if within fifteen days following   such   filing  the  public  authorities  control  board  has disapproved the award  of  such  contract;  provided,  however,  if  the contract  is not approved by the board within the fifteen day period and no individual member of the board has  certified  to  the  authority  in writing  of  his  disapproval  within such period, the contract shall be deemed to have been approved.  (d) The notice provided in paragraph (c) of this subdivision shall not be issued  until  forty-five  days  after  issuance  of  the  notice  of intention to negotiate referred to in paragraph (a) of this subdivision.   5.  (a)  Notwithstanding  that  funds  of  the  authority  may be used therefor, a contract  for  all  or  a  portion  of  work  involving  the alteration,  expansion  or  rehabilitation of a passenger station may be awarded by the authority, by negotiation without competitive bidding, to a private entity or the designee of a private entity where the authority by vote of not less than eleven of its members approves written findings that such award is expected  to  permit  the  alteration,  expansion  or rehabilitation  to  be  carried  out  in  the  most  efficient  and cost effective manner, that such private entity has agreed to  pay  at  least one  million  dollars  toward  the  cost  of the work, that such payment represents not less than fifty percent of the total cost  of  the  work, and  that  the  authority  has  complied with the procedures provided in paragraph (b) of this  subdivision.  Notwithstanding  the  foregoing,  a contract  for  all  or  a  portion  of  work  involving  the alteration, expansion or rehabilitation of the  passenger  station  located  at  the western  terminus  of  the forty-second street shuttle may be awarded by the authority, by negotiation without competitive bidding, to a  private entity  or  the designee of a private entity where the authority by vote of not less than eleven of its members approves  written  findings  that such   award   is  expected  to  permit  the  alteration,  expansion  or rehabilitation to  be  carried  out  in  the  most  efficient  and  cost effective   manner,  and  that  the  authority  has  complied  with  the procedures provided in paragraph (b) of this subdivision.  (b) Not less than fifteen days prior to the consideration by the board of the authority of a contract to be let pursuant to this subdivision, a notice  shall  be  published  in  at  least  one  newspaper  of  general circulation.  Such  notice  shall  identify  the parties to the proposed contract and summarize its terms and conditions. Such notice shall  also invite   written   public  comment  concerning  the  proposed  contract, including, to the extent appropriate, the submission of alternatives for the authority's consideration. Such information shall be  considered  by the board of authority prior to the approval of any contract proposed to be awarded pursuant to this subdivision.  (c)  Any  contract  entered  into  pursuant  to this subdivision shall comply with the requirements of subdivision thirteen of  section  twelve hundred sixty-six-c of this article.   6.  The  provisions  of  subdivisions one, two, three and four of this section shall not be applicable to  any  procurement  by  the  authority commenced  during the period from the effective date of this subdivision until December thirty-first, nineteen hundred ninety-one or  during  the period from December sixteenth, nineteen hundred ninety-three until June thirtieth, two thousand twenty-three; and the provisions of subdivisions seven,  eight,  nine,  ten,  eleven, twelve and thirteen of this section shall only apply to procurements by the authority commenced during  such periods.  The  provisions  of such subdivisions one, two, three and four shall apply to procurements by the authority commenced during the period  from December thirty-first, nineteen hundred ninety-one  until  December sixteenth,  nineteen  hundred  ninety-three,  and to procurements by the authority commenced on and after July first, two thousand  twenty-three. Notwithstanding  the foregoing, the provisions of such subdivisions one, two, three and four shall apply to (i) the award of any contract of  the authority if the bid documents for such contract so provide and such bid documents  are  issued  within  sixty days of the effective date of this subdivision or within sixty days of December sixteenth, nineteen hundred ninety-three, or (ii) for a period of one hundred eighty days after  the effective  date  of  this  subdivision,  or  for a period of one hundred eighty days after December sixteenth, nineteen hundred ninety-three, the award of any contract for which  an  invitation  to  bid,  solicitation, request  for  proposal,  or  any similar document has been issued by the authority prior to the effective date of this subdivision or during  the period  from  January  first, nineteen hundred ninety-two until December fifteenth, nineteen hundred ninety-three.   * 7. (a) Except as otherwise provided in this  section,  all  purchase contracts  for  supplies,  materials or equipment involving an estimated expenditure in excess of one  million  dollars  and  all  contracts  for public  work involving an estimated expenditure in excess of one million dollars shall be awarded by the  authority  to  the  lowest  responsible bidder  after obtaining sealed bids in the manner hereinafter set forth. The aforesaid shall not apply to contracts for personal,  architectural, engineering or other professional services. The authority may reject all bids  and obtain new bids in the manner provided by this section when it is deemed in the public interest to do so or, in cases where two or more responsible bidders submit identical bids which  are  the  lowest  bids, award  the  contract to any of such bidders or obtain new bids from such bidders. Nothing in this paragraph shall obligate the authority to  seek new  bids  after  the  rejection  of  bids  or  after cancellation of an invitation to bid. Nothing in this section shall prohibit the evaluation of bids on the basis of costs or savings including life cycle  costs  of the  item to be purchased, discounts, and inspection services so long as the invitation to bid reasonably sets forth the criteria to be  used  in evaluating such costs or savings. Life cycle costs may include but shall not  be limited to costs or savings associated with installation, energy use, maintenance, operation and salvage or disposal.  (b) Section twenty-eight hundred seventy-nine of  this  chapter  shall apply  to  the authority's acquisition of goods or services of any kind, in the actual or estimated amount of fifteen thousand dollars  or  more, provided  that  (i)  a  contract for services in the actual or estimated amount of one million dollars or less shall not require approval by  the board of the authority regardless of the length of the period over which the  services  are  rendered,  and  provided further that a contract for services in the actual or estimated amount  in  excess  of  one  million dollars  shall require approval by the board of the authority regardless of the length of the period over which the services are rendered  unless such  a  contract  is  awarded  to  the  lowest responsible bidder after obtaining sealed bids and  (ii)  the  board  of  the  authority  may  by resolution  adopt  guidelines  that  authorize the award of contracts to small business concerns, to service disabled  veteran  owned  businesses certified  pursuant  to  article  seventeen-B  of  the executive law, or minority or  women-owned  business  enterprises  certified  pursuant  to article  fifteen-A  of  the  executive  law,  or  purchases  of goods or technology that are recycled or remanufactured,  in  an  amount  not  to exceed  one  million  dollars  without  a formal competitive process and without further board approval. The board of the authority  shall  adopt  guidelines  which  shall  be made publicly available for the awarding of such contract without a formal competitive process.   * NB Effective until April 1, 2024   * 7.  (a)  Except  as otherwise provided in this section, all purchase contracts for supplies, materials or equipment  involving  an  estimated expenditure  in excess of fifteen thousand dollars and all contracts for public work involving an estimated expenditure in excess of  twenty-five thousand  dollars  shall  be  awarded  by  the  authority  to the lowest responsible bidder after obtaining sealed bids in the manner hereinafter set forth. The aforesaid shall not  apply  to  contracts  for  personal, architectural, engineering or other professional services. The authority may  reject  all bids and obtain new bids in the manner provided by this section when it is deemed in the public interest to do so or,  in  cases where  two  or  more responsible bidders submit identical bids which are the lowest bids, award the contract to any of such bidders or obtain new bids from such bidders. Nothing herein shall obligate the  authority  to seek  new  bids  after the rejection of bids or after cancellation of an invitation to bid. Nothing in this section shall prohibit the evaluation of bids on the basis of costs or savings including life cycle  costs  of the  item to be purchased, discounts, and inspection services so long as the invitation to bid reasonably sets forth the criteria to be  used  in evaluating such costs or savings. Life cycle costs may include but shall not  be limited to costs or savings associated with installation, energy use, maintenance, operation and salvage or disposal.  (b) Section twenty-eight hundred seventy-nine of  this  chapter  shall apply  to  the authority's acquisition of goods or services of any kind, in the actual or estimated amount of fifteen thousand dollars  or  more, provided  that  a  contract  for  personal  services  in  the  actual or estimated amount of less than twenty thousand dollars shall not  require approval  by  the board of the authority regardless of the length of the period over which the services are rendered, and provided further that a contract for personal services in the  actual  or  estimated  amount  of twenty  thousand  dollars or more shall require approval by the board of the authority regardless of the length of  the  period  over  which  the services are rendered.   * NB Effective April 1, 2024   8. (a) Advertisement for bids, when required by this section, shall be published  at  least  once  in a newspaper of general circulation in the area served by  the  authority  and  in  the  procurement  opportunities newsletter   published  pursuant  to  article  four-C  of  the  economic development law provided that, notwithstanding the provisions of article four-C of the economic development law, an advertisement shall  only  be required  when  required  by this section. Publication in a newspaper of general  circulation  in  the  area  served  or   in   the   procurement opportunities newsletter shall not be required if bids for contracts for supplies,  materials  or  equipment are of a type regularly purchased by the authority  and  are  to  be  solicited  from  a  list  of  potential suppliers,  if  such  list  is or has been developed consistent with the provisions of subdivision eleven of this section. Any such advertisement shall contain a statement of: (i) the time and place where bids received pursuant to any notice requesting sealed bids will  be  publicly  opened and  read;  (ii)  the name of the contracting agency; (iii) the contract identification number; (iv) a brief  description  of  the  public  work, supplies,  materials, or equipment sought, the location where work is to be performed, goods are to be delivered or  services  provided  and  the contract  term;  (v)  the  address  where  bids  or  proposals are to be submitted; (vi) the date  when  bids  or  proposals  are  due;  (vii)  a description   of   any   eligibility  or  qualification  requirement  or  preference; (viii) a statement as to whether the  contract  requirements may  be  fulfilled  by a subcontracting, joint venture, or co-production arrangement; (ix) any  other  information  deemed  useful  to  potential contractors;  and  (x)  the  name,  address, and telephone number of the person to be contacted for  additional  information.  At  least  fifteen business  days  shall  elapse  between  the  first  publication  of such advertisement or the solicitation of bids, as the case may be,  and  the date of opening and reading of bids.  (b)  The  authority  may designate any officer or employee to open the bids at the time and place bids are to be opened and  may  designate  an officer  to  award  the  contract to the lowest responsible bidder. Such designee shall make a record of all bids in such form and detail as  the authority  shall  prescribe.  All bids received shall be publicly opened and read at  the  time,  place  and  in  the  manner  specified  in  the advertisement  or specified at the time of solicitation, or to which the opening and reading or posting have been  adjourned  by  the  authority, provided  that  any  sealed  bid  may be received and secured through an electronic platform as permitted by the authority, and that  any  sealed bid  received  electronically  is  made  public  at the same time as any competing paper bid. The authority shall, at minimum, provide  the  same opportunity and time for submitting sealed bids physically as for sealed bids  submitted  electronically,  and  shall provide the opportunity for bidders to submit sealed bids physically any time that it  provides  the opportunity to submit sealed electronic bids. In addition, the authority shall  establish  a  process for accommodating force majeure events that prevent the submission of a sealed electronic  bid,  including  but  not limited  to  internet  and  power  outage  events, and for automatically confirming receipt of any sealed electronic bid  received.  All  bidders shall be notified of the time and place of any such adjournment.   9.  Notwithstanding  the  foregoing,  the authority may, by resolution approved by a two-thirds vote of its members then  in  office  or  by  a majority  vote  of  its members with respect to contracts proposed to be let  pursuant  to  paragraph  (a)  of  this  subdivision,  declare  that competitive  bidding  is  impractical  or  inappropriate  because of the existence  of  any  of  the  circumstances  hereinafter  set  forth  and thereafter   the  authority  may  proceed  to  award  contracts  without complying with the requirements of subdivision seven or  eight  of  this section.  In  each case where the authority declares competitive bidding impractical or inappropriate, it shall  state  the  reason  therefor  in writing  and summarize any negotiations that have been conducted. Except for contracts awarded pursuant to paragraphs (a), (b), (c)  and  (e)  of this subdivision, the authority shall not award any contract pursuant to this  subdivision  earlier  than  thirty days from the date on which the authority  declares  that  competitive   bidding   is   impractical   or inappropriate.  Competitive  bidding may only be declared impractical or inappropriate where: (a) the existence of an emergency involving  danger to  life,  safety or property requires immediate action and cannot await competitive bidding  or  the  item  to  be  purchased  is  essential  to efficient  operation  or  the  adequate  provision  of  service and as a consequence of an unforeseen circumstance  such  purchase  cannot  await competitive bidding;  (b)  the  item  to  be  purchased  is  available  only  from  a single responsible source, provided that if bids have not  been  solicited  for such  item  pursuant  to  subdivision  seven  of this section within the preceding twelve months, public notice shall first be given pursuant  to subdivision eight of this section;  (c)  the  authority  receives  no  responsive  bids  or  only a single responsive bid in response to an invitation for competitive bids;  (d) the authority wishes to experiment  with  or  test  a  product  or technology  or new source for such product or technology or evaluate the service or reliability of such product or technology;  (e)  the  item  is  available  through  an existing contract between a vendor and  (i)  another  public  authority  provided  that  such  other authority  utilized  a  process  of  competitive bidding or a process of competitive requests for proposals to award such contract  or  (ii)  the state  of  New  York  or the city of New York, provided that in any case when the authority under this paragraph determines that  obtaining  such item  thereby would be in the public interest and sets forth the reasons for such determination. The authority shall accept  sole  responsibility for any payment due the vendor as a result of the authority's order; or  (f)  the  authority  determines  that  it is in the public interest to award contracts pursuant  to  a  process  for  competitive  request  for proposals  as  hereinafter  set  forth.  For purposes of this section, a process for competitive request for proposals shall  mean  a  method  of soliciting  proposals  and  awarding a contract on the basis of a formal evaluation of the  characteristics,  such  as  quality,  cost,  delivery schedule  and  financing  of  such  proposals  against  stated selection criteria. Public notice of the requests for proposals shall be given  in the  same  manner  as  provided in subdivision eight of this section and shall include the selection criteria. In the event the authority makes a material change in the selection criteria from those  previously  stated in  the  notice,  it will inform all proposers of such change and permit proposers to modify their proposals.   * (i) Except for a contract  with  a  value  of  one  hundred  million dollars  or  less  that  is  awarded  pursuant  to this paragraph to the proposer whose proposal is the lowest cost, the authority  may  award  a contract  pursuant to this paragraph only after a resolution approved by a two-thirds vote of its members then in office at a public  meeting  of the  authority  with  such resolution (A) disclosing the other proposers and the substance of their proposals, (B)  summarizing  the  negotiation process  including  the opportunities, if any, available to proposers to present and modify their proposals, and (C) setting forth  the  criteria upon  which the selection was made provided however that for purposes of this subparagraph the board may,  at  its  discretion,  require  such  a resolution be approved for contracts with a value of one hundred million dollars or less.   * NB Effective until April 1, 2024   * (i)  The  authority  may award a contract pursuant to this paragraph only after a resolution approved by a two-thirds  vote  of  its  members then in office at a public meeting of the authority with such resolution (A) disclosing the other proposers and the substance of their proposals, (B)  summarizing the negotiation process including the opportunities, if any, available to proposers to present and modify their  proposals,  and (C) setting forth the criteria upon which the selection was made.   * NB Effective April 1, 2024  (ii)   Nothing  in  this  paragraph  shall  require  or  preclude  (A) negotiations with any proposers following the receipt  of  responses  to the  request for proposals, or (B) the rejection of any or all proposals at any time. Upon the rejection of  all  proposals,  the  authority  may solicit new proposals or bids in any manner prescribed in this section.  (g)  the authority issues a competitive request for proposals pursuant to the procedures of paragraph (f) of this subdivision for the  purchase or  rehabilitation of rapid transit cars and omnibuses. Any such request may include among the stated selection criteria the performance  of  all or  a  portion  of the contract at sites within the state of New York or the use of goods produced or services provided within the state  of  New  York,  provided  however  that  in  no event shall the authority award a contract to a manufacturer whose final offer, as expressed in unit  cost is  more  than  ten  percent  higher than the unit cost of any qualified competing  final  offer,  if  the  sole basis for such award is that the higher  priced  offer  includes  more  favorable   provision   for   the performance  of  the contract within the state of New York or the use of goods produced or services provided within the state of  New  York,  and further  provided that the authority's discretion to award a contract to any manufacturer shall not be so limited if a basis for such  award,  as determined  by  the authority, is superior financing, delivery schedule, life cycle,  reliability,  or  any  other  factor  the  authority  deems relevant to its operations.   * (i)  Except  for  a  contract  with  a  value of one hundred million dollars or less that is  awarded  pursuant  to  this  paragraph  to  the proposer  whose  proposal  is the lowest cost, the authority may award a contract pursuant to this paragraph only after a resolution approved  by a  vote  of  not less than two-thirds of its members then in office at a public meeting of the authority with such resolution (A) disclosing  the other  proposers  and  the substance of their proposals, (B) summarizing the negotiation process including the opportunities, if  any,  available to  proposers  to  present  and  modify their proposals, and (C) setting forth the criteria upon which the selection was  made  provided  however that for purposes of this subparagraph the board may, at its discretion, require  such a resolution be approved for contracts with a value of one hundred million dollars or less.   * NB Effective until April 1, 2024   * (i) The authority may award a contract pursuant  to  this  paragraph only  after  a resolution approved by a vote of not less than two-thirds of its members then in office at a public meeting of the authority  with such  resolution (A) disclosing the other proposers and the substance of their proposals, (B) summarizing the negotiation process  including  the opportunities,  if  any,  available  to  proposers to present and modify their proposals, and (C) setting  forth  the  criteria  upon  which  the selection was made.   * NB Effective April 1, 2024  (ii)   Nothing  in  this  paragraph  shall  require  or  preclude  (A) negotiations with any proposers following the receipt  of  responses  to the  request for proposals, or (B) the rejection of any or all proposals at any time. Upon the rejection of  all  proposals,  the  authority  may solicit new proposals or bids in any manner prescribed in this section.   10.  Upon  the  adoption of a resolution by the authority stating, for reasons   of   efficiency,   economy,   compatibility   or   maintenance reliability, that there is a need for standardization, the authority may establish procedures whereby particular supplies, materials or equipment are  identified  on  a  qualified  products  list. Such procedures shall provide for products or vendors to be added to or deleted from such list and shall include provisions for public advertisement of the  manner  in which  such  lists are compiled. The authority shall review such list no less than twice a year for the purpose of making modifications  thereto. Contracts  for particular supplies, materials or equipment identified on a qualified products list may be awarded by the authority to the  lowest responsible  bidder  after obtaining sealed bids in accordance with this section or without competitive sealed bids in instances when the item is available from only a single  source,  except  that  the  authority  may dispense   with  advertising  provided  that  it  mails  copies  of  the invitation to bid to all vendors of the particular item on the qualified products list.    11. The authority  shall  compile  a  list  of  potential  sources  of supplies,  materials  or  equipment  regularly  purchased. The authority shall, by resolution, set forth the procedures  it  has  established  to identify  new  sources and to notify such new sources of the opportunity to  bid  for  contracts  for  the  purchase  of  supplies,  materials or equipment. Such procedures shall include, but not  be  limited  to:  (a) advertising  in  trade journals; (b) cooperation with federal, state and local agencies within its area of operations;  (c)  publication  in  the state  register  quarterly;  and  (d) procedures established pursuant to subdivision thirteen of  section  twelve  hundred  sixty-six-c  of  this article.   12.  The  provisions  of  this  section  shall not supersede any other provisions  of  law  relative  to  purchases  of  products  or   devices manufactured  or  provided  by  the  blind or other severely handicapped persons, to the invitation and acceptance of bids from small or minority business enterprises or to  the  purchases  of  supplies,  materials  or equipment  through  the  office  of  general  services.  Except  as  may otherwise be provided by law or as more  restrictively  defined  in  the official  policy or bid specifications of the authority, the term "small business"  means  a  small  business  or  similar  term,  under  federal regulations  applicable to projects of the authority which are federally assisted.   * 13. Notwithstanding  any  other  provisions  in  this  section,  the authority  shall  be allowed to use an electronic bidding system for the purchase of goods, materials, and commodities that  may  inform  bidders whether  their  bid  is the current low bid, and allow bidders to submit new bids before the date and time assigned for the opening of bids. Such procedure shall not  constitute  disclosure  of  bids  in  violation  of section twenty-eight hundred seventy-eight of this chapter.   * NB Effective until April 1, 2024   * 13.   The  provisions  of  this  section  shall  not  apply  to  any procurement made by any other public entity not  otherwise  required  by law  to  award  contracts  for  such purchases to the lowest responsible bidder if such purchases are made at the sole cost and expense  of  such entity.   * NB Effective April 1, 2024   * 14.   The  provisions  of  this  section  shall  not  apply  to  any procurement made by any other public entity not  otherwise  required  by law  to  award  contracts  for  such purchases to the lowest responsible bidder if such purchases are made at the sole cost and expense  of  such entity.   * NB Repealed April 1, 2024   15.  (a)  Whenever  the  comptroller  pursuant to section twenty-eight hundred seventy-nine-a of this chapter intends to require supervision in the form of  prior  review  and  approval  of  a  contract  or  contract amendment  to be awarded by the authority pursuant to this section, then such  contract  or  contract  amendment  shall  be  submitted   to   the comptroller  by  the  authority  for  approval  and shall not be a valid enforceable contract unless it shall first have  been  approved  by  the comptroller  but  only  if the comptroller has notified the authority of such determination within thirty days of having received written  notice of  such contract or contract amendment either in the authority's annual report or any revised report;  (b) If the comptroller has timely notified the authority  as  provided in  paragraph  (a)  of  this  subdivision  that any contract or contract amendment shall be subject to comptroller prior review and approval, and such  contract  or  contract  amendment  has  been  submitted   to   the comptroller, it shall become valid and enforceable without such approval  if the comptroller has not approved or disapproved it within thirty days of submission to the comptroller.