2023 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.