§ 1734. Contracts of the authority. 1. a. All contracts for the\nconstruction, reconstruction, improvement, rehabilitation, maintenance,\nrepair, furnishing, equipping of or otherwise providing for educational\nfacilities for the city board may be awarded in accordance with the\nprovisions of this section, notwithstanding the provisions of section\neight of the public buildings law, section one hundred three of the\ngeneral municipal law, section one hundred thirty-five of the state\nfinance law, section seven of the New York state financial emergency act\nfor the city of New York or of any other provision of general, special\nor local law, charter or administrative code.\n b. The authority shall be subject to the provisions of section one\nhundred one of the general municipal law.\n 2. a. Except as otherwise provided in this section, all purchase\ncontracts for supplies, materials or equipment involving an estimated\nexpenditure in excess of ten thousand dollars and all contracts for\npublic work involving an estimated expenditure in excess of fifty\nthousand dollars shall be awarded by the authority to the lowest\nresponsible bidder after obtaining sealed bids in the manner hereinafter\nset forth. For purposes hereof, contracts for public work shall exclude\ncontracts for personal, engineering and architectural, or professional\nservices.\n b. The authority may reject all bids and obtain new bids in the manner\nprovided by this section when it deems it in the public interest to do\nso or, in cases where two or more responsible bidders submit identical\nbids which are the lowest bids, award the contract to any of such\nbidders or obtain new bids from such bidders. Nothing herein shall\nobligate the authority to seek new bids after the rejection of bids or\nafter cancellation of an invitation to bid. Nothing in this section\nshall prohibit the evaluation of bids on the basis of costs or savings\nincluding life cycle costs of the item to be purchased, discounts, and\ninspection services so long as the invitation to bid reasonably sets\nforth the criteria to be used in evaluating such costs or savings. Life\ncycle costs may include but shall not be limited to costs or savings\nassociated with installation, energy use, maintenance, operation and\nsalvage or disposal.\n 3. a. Notwithstanding the provisions of paragraph a of subdivision two\nof this section, the authority shall establish guidelines governing the\nqualifications of bidders entering into contracts for the construction,\nreconstruction, improvement, rehabilitation, maintenance, repair,\nfurnishing, equipping of or otherwise providing for educational\nfacilities for the city board. The bidding may be restricted to those\nwho have qualified prior to the receipt of bids according to standards\nfixed by the authority; provided, however, that the award of contracts\nshall, to the extent not inconsistent with this paragraph, be in\naccordance with paragraph b of subdivision two of this section.\n b. In determining whether a prospective bidder qualifies for inclusion\non a list of pre-qualified bidders, the authority shall consider (1) the\nexperience and past performance of the prospective bidder; (2) the\nprospective bidder's ability to undertake work; and (3) the financial\ncapability, responsibility and reliability of prospective bidders. The\nauthority may also consider such other factors as it deems appropriate.\n c. The authority shall, not less than twice each year, publish, in a\nnewspaper of general circulation in the city of New York, an\nadvertisement requesting prospective bidders to submit qualification\nstatements. Lists of pre-qualified bidders shall be reviewed and updated\nnot less than annually by the authority. The authority shall delete from\nthe list of pre-qualified bidders any bidder who has failed to perform\nadequately or satisfactorily for the authority, the city board or any\nother city or state agency or authority.\n d. Lists of pre-qualif
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