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 performadequately 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.