New York Public Authorities Code § 1209

Contracts
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§ 1209. Contracts. 1. Any contract for public work, except where there\nis an emergency involving danger to life or property, the estimated cost\nof which exceeds twenty thousand dollars shall be made by the authority\nonly upon public letting founded on sealed bids. Notice of the\ninvitation for such bidding shall state the time and place of the\nreceipt and opening of bids and shall be published once a week for two\nsuccessive weeks in two of the daily newspapers published in the city,\nand in the city records. The authority may reject all such bids and\nreadvertise for new bids if it shall deem it for the public interest so\nto do. If not, it shall award the contract to the lowest responsible\nbidder.\n  2. Any purchase contract, including but not limited to contracts for\nthe purchase of equipment, materials or supplies, the estimated cost of\nwhich exceeds the sum of ten thousand dollars, shall be made by the\nauthority only upon public letting founded on sealed bids, except in a\ncase where the authority, by resolution, declares the existence of an\nemergency or the existence of other circumstances making competitive\nbidding impracticable or inappropriate, except in no instance other than\nin circumstances such as described in paragraph (g) hereof, shall the\nauthority declare that competitive bidding is inappropriate with respect\nto purchase contracts for omnibuses. In each instance when the authority\ndeclares competitive bidding inappropriate it shall state the reasons\ntherefor. Competitive bidding may be declared inappropriate by the\nauthority in instances (a) where the item to be purchased is available\nonly from a single source; or (b) where professional engineering or\narchitectural services are solicited; or (c) where only a single bid is\nreceived in response to an invitation for competitive bids; or (d) where\nthe authority has chosen to standardize a component on the basis of\ncompatibility or maintenance reliability; or (e) where the apparent low\nbidder is declared by the authority to be not qualified to perform the\nterms of the contract; or (f) where the authority wishes to experiment\nwith or test a new product or technology or evaluate the service or\nreliability of a new source for a particular product or component; or\n(g) where the authority by a vote of two-thirds of its members then in\noffice determines that its prior experience with a potential source or\ncontractor has been such as to require, in the public interest, that\nsuch source or contractor not be considered eligible to bid and that\nafter the elimination of said source or contractor from the bidding\nprocess there would effectively remain only a single source for the item\nto be purchased and the authority purchases the item from such source;\nor (h) where the authority by a two-thirds vote of its members\ndetermines, on the basis of its analysis of the competitive situation\namong potential sources for the item to be purchased, is such that it is\nin the public interest to encourage new sources of manufacture or supply\nby awarding a contract by negotiation and without competitive bidding.\nNotice of the invitation for such bidding shall state the time and place\nof the receipt and opening of bids and shall be published in the city\nrecord in five successive issues at least ten days preceding such\nopening. The authority may reject all such bids and readvertise for new\nbids if it shall deem it for the public interest so to do. If not, it\nshall award the contract to the lowest responsible bidder unless the\nauthority, by unanimous vote, shall determine that it is for the public\ninterest that a bid other than that of the lowest responsible bidder\nshall be accepted.\n  * 3. A contract for the purchase of rapid transit cars or components\nof rapid transit cars in furtherance or implementation of a capital\nprogram plan approved pursuant to section twelve hundred sixty-nine-b of\nthis article may also be awarded by the authority by n

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