2023 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-eight; 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-eight.
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  five  hundred  thousand  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 June 30, 2028
* 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 June 30, 2028
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,  (ii)  the
United   States  general  services  administration  provided  that  such
administration utilized a process of competitive bidding or a process of
competitive requests for proposals to award such contract, (iii)  Nassau
county  or  (iv) 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. Such rationale shall include,
but need not be limited to, a determination of need, a consideration  of
the procurement method by which the contract was awarded, an analysis of
alternative   procurement   sources   including  an  explanation  why  a
competitive procurement or the use of a centralized contract let by  the
commissioner  of  the  office  of  general  services  is not in the best
interest of the authority, and the reasonableness of cost. 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 June 30, 2028
* (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 June 30, 2028
(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 June 30, 2028
* (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 June 30, 2028
(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  once 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 June 30, 2028
* 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 June 30, 2028
* 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 June 30, 2028
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.