NY Pub Auth L § 1734 (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 6 - The New York City School Construction Authority Act 1734 - Contracts of the Authority.

§  1734.  Contracts  of  the  authority.  1.  a. All contracts for the construction, reconstruction, improvement, rehabilitation,  maintenance, repair,  furnishing, equipping of or otherwise providing for educational facilities for the city board may be  awarded  in  accordance  with  the provisions  of  this  section, notwithstanding the provisions of section eight of the public buildings law, section  one  hundred  three  of  the general  municipal  law,  section  one  hundred thirty-five of the state finance law, section seven of the New York state financial emergency act for the city of New York or of any other provision of  general,  special or local law, charter or administrative code.   b.  The  authority  shall  be subject to the provisions of section one hundred one of the general municipal law.   2. a. Except as otherwise  provided  in  this  section,  all  purchase contracts  for  supplies,  materials or equipment involving an estimated expenditure in excess of ten thousand  dollars  and  all  contracts  for public  work  involving  an  estimated  expenditure  in  excess of fifty thousand dollars shall  be  awarded  by  the  authority  to  the  lowest responsible bidder after obtaining sealed bids in the manner hereinafter set  forth. For purposes hereof, contracts for public work shall exclude contracts for personal, engineering and architectural,  or  professional services.   b. The authority may reject all bids and obtain new bids in the manner provided  by  this section when it deems it 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.   3. a. Notwithstanding the provisions of paragraph a of subdivision two of  this section, the authority shall establish guidelines governing the qualifications of bidders entering into contracts for the  construction, reconstruction,   improvement,   rehabilitation,   maintenance,  repair, furnishing,  equipping  of  or  otherwise  providing   for   educational facilities  for  the  city board. The bidding may be restricted to those who have qualified prior to the receipt of bids according  to  standards fixed  by  the authority; provided, however, that the award of contracts shall, to the  extent  not  inconsistent  with  this  paragraph,  be  in accordance with paragraph b of subdivision two of this section.   b. In determining whether a prospective bidder qualifies for inclusion on a list of pre-qualified bidders, the authority shall consider (1) the experience  and  past  performance  of  the  prospective bidder; (2) the prospective bidder's ability to undertake work; and  (3)  the  financial capability,  responsibility  and reliability of prospective bidders. The authority may also consider such other factors as it deems appropriate.   c. The authority shall, not less than twice each year, publish,  in  a newspaper   of   general  circulation  in  the  city  of  New  York,  an advertisement requesting prospective  bidders  to  submit  qualification statements. Lists of pre-qualified bidders shall be reviewed and updated not less than annually by the authority. The authority shall delete from the  list  of pre-qualified bidders any bidder who has failed to perform  adequately or satisfactorily for the authority, the city  board  or  any other city or state agency or authority.   d.   Lists   of   pre-qualified   bidders  may  be  established  on  a project-specific basis; provided, however, that any such list shall have no less than five bidders.   4. a. Advertisement for bids, when required by this section, shall  be published  at  least  once  in a newspaper of general circulation in the city of New York. Publication in such a newspaper shall not be  required (i)  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 six of this section or (ii) if bids are to be solicited from a list  of  pre-qualified  bidders pursuant  to  the provisions of paragraph d of subdivision three of this section. Any such advertisement shall contain a statement  of  the  time and  place  where  all  bids  received  pursuant  to such notice will be publicly opened and read. At least fourteen 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 and place specified in the advertisement or at  the time  of  solicitation,  or  to  which the opening and reading have been adjourned by the authority. All bidders shall be notified  of  the  time and place of any such adjournment.   5.  Notwithstanding  the  foregoing,  the  authority may by resolution approved by a vote of its members declare (i) that  competitive  bidding for  non-construction  contracts is impractical or inappropriate because of the existence of any of the circumstances hereinafter  set  forth  or (ii)  that competitive bidding for construction contracts is impractical or inappropriate because of the existence of the circumstances set forth in paragraph a of this subdivision. Thereafter the authority may proceed to  award  contracts  without  complying  with   the   requirements   of subdivision  two  or  three  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 and shall be made  available  upon request.  Except for contracts awarded pursuant to paragraphs a, b and c 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 by the city board or the authority and  as a  consequence  of  unforeseen  circumstance  such purchase cannot await competitive bidding;   b. the  authority  receives  no  responsive  bids  or  only  a  single responsive bid in response to an invitation for competitive bids;   c. 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 contracts, or (ii) the city board,  or (iii) the state of New York, or (iv) the city of New  York,  provided that in any case when under this paragraph the authority determines that obtaining  such  item  thereby  would be in the public interest and sets forth the reason for such determination. The authority shall accept sole responsibility  for  any  payment  due  the  vendor  as  a result of the authority's order; or   d. the authority determines that it is in the public interest to award contracts pursuant to a process for competitive requests  for  proposals as  hereinafter  set  forth. For purposes of this section, a process for competitive requests 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 three 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) The authority may award a contract pursuant to this paragraph only after a resolution approved by a vote of its members 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.  (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.   6. 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 such modifications. 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.   7.  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 advertising in trade journals.   8.  The  authority  shall  be  subject  to  the  provisions of section twenty-eight hundred seventy-nine of this chapter in awarding  contracts for personal services.    9.  The  board shall, by resolution, establish procedures for the fair and  equitable  resolution  of   contract   disputes.   Prior   to   the establishment  of  such  policy,  the board shall publish in appropriate publications a notice of such policy and invite comment from  interested parties,  including,  but not limited to representatives of construction organizations. Such notice shall also state that the authority will hold a public hearing to consider the policy at a specified time and place on a date not less than ten days after such publication, and the  authority shall conduct the public hearing pursuant to such notice.   10.  The  provisions  of  article  eight  of  the  labor  law shall be applicable to all contracts entered into directly or indirectly  by  the authority.   11.  The provisions of subdivision one of section one hundred six-b of the general municipal  law  shall  apply  to  the  authority,  provided, however, that the authority may retain up to four times the value of any remaining items to be completed.