2049-PP - Contracts.

§  2049-pp. Contracts. All contracts or orders, for work, material and  supplies performed or furnished in connection with  construction,  shall  be  awarded,  when  applicable, pursuant to paragraph (e) of subdivision  four of section one hundred twenty-w of the general  municipal  law  and  such  award shall be made by the authority pursuant to resolution of the  governing body except as hereinafter provided. The authority,  upon  the  receipt  of  proposals  pursuant  to  a  request for proposals issued in  accordance with paragraph (e) of subdivision four of section one hundred  twenty-w of the general municipal law, may,  in  its  discretion,  defer  public  announcement  of  proposed  bids  to  facilitate and enhance the  authority's  ability  to  enter  into  negotiations  with  one  or  more  proposers  until such time as the authority shall determine to be in the  best interest of the project, but in no event later than the date of the  award of the contract. 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.  Every  contract  when made and entered into as herein provided for 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 either of the counties with respect  to  any  proposed  project, and the authority may adopt, utilize, accept  and confirm any bids or proposals submitted to either  of  the  counties  and  heretofore  and  hereafter  received  and  publicly  opened by such  county. The provisions of this section shall supersede any  inconsistent  provisions  of  the general municipal law, any other general, special or  local law, or the charter of either county.