2023 New York Laws › PBA - Public Authorities › Article 8 - Miscellaneous Authorities › Title 13-AA - Montgomery, Otsego, Schoharie Solid Waste Management Authority › 2041-O - Contracts.

§  2041-o.  Contracts.  All  contracts or orders for work, material or
  supplies performed or furnished in connection with  construction,  shall
  be awarded by the authority pursuant to resolution of the governing body
  except  as  hereinafter provided. Such awards, when applicable, shall be
  made  in  compliance  with  paragraph  (e)  of  subdivision   four   and
  subdivision  seven  of  section  one  hundred  twenty-w  of  the general
  municipal law. In any construction contract, the authority may provide a
  program for the payment of damages for delays and  incentive  awards  in
  order  to  encourage  timely  project  completion.  An  action,  suit or
  proceeding contesting the validity of a  contract  awarded  pursuant  to
  this  section, or the validity of the procedures relating to such award,
  shall be governed by the provisions of subdivision six  of  section  one
  hundred   twenty-w   of   the   general   municipal  law  and  the  term
  "municipality" as used in such subdivision six shall mean the authority.
The bidder whose bid is accepted shall give security for the  faithful
  performance  of  the  contract, and such other security as the authority
  may require, and may be required to maintain any construction done under
  the contract for such period as shall be stipulated, all in  the  manner
  prescribed  and  required  by  the authority and the sufficiency of such
  security shall, in addition to the justification and acknowledgement, be
  approved by the authority. All  bids  or  proposals  shall  be  publicly
  opened by the governing body or its duly authorized agent. If the bidder
  whose  bid or proposal has been accepted after advertising shall neglect
  or refuse to accept the contract within five days after  written  notice
  that  the contract has been awarded to him on his bid proposal or, if he
  accepts but does not execute the contract and give proper security,  the
  authority shall have the right to declare his deposit forfeited. In case
  any  work shall be abandoned by any contractor, the authority may, if it
  determines that the public interest is thereby served, adopt  on  behalf
  of  the  authority  any  or all subcontracts made by such contractor for
  such work and all such subcontractors shall be bound by such adoption if
  made. No bid proposal shall be accepted from or any contract awarded to,
  any person or corporation who is in arrears  to  the  authority  or  any
  participating  county  upon  any  obligation  of  the  authority  or any
  participating county. Every contract shall be executed in duplicate, one
  copy of which shall be held by the authority and one copy of which shall
  be delivered to the contractor. The authority may adopt, utilize, ratify
  and confirm any request  for  proposals,  invitation  for  sealed  bids,
  plans,  specifications  and notices heretofore or hereafter published by
  any participating county with  respect  to  any  proposed  project.  The
  provisions  of  this section shall supersede any inconsistent provisions
  of the general municipal law, or any other  general,  special  or  local
  law, or the charter of any participating county.
The  authority  shall  ensure  that,  where possible, all employees or
  applicants for employment  are  afforded  equal  employment  opportunity
  without discrimination.