§ 2045-p. Contracts. 1. All contracts or orders, for work, material or
supplies performed or furnished in connection with construction, shall
be awarded by the agency pursuant to resolution of the governing body
except as hereinafter provided. Such awards, when applicable, shall be
made in compliance with paragraph (e) of subdivision four and
subdivision seven of section one hundred twenty-w of the general
municipal law. In any construction contract, the agency 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 agency.

2. The bidder whose bid is accepted shall give security for the
faithful performance of the contract, and such other security as the
agency may require, and may be required to maintain any construction
done under the contract for such period as shall be stipulated, all in
the manner prescribed and required by the agency and the sufficiency of
such security shall, in addition to the justification and
acknowledgment, be approved by the agency. All bids or proposals shall
be publicly opened by the governing body or its duly authorized agent.
If the bidder whose bid or proposal has been accepted after advertising
shall neglect or refuse to accept the contract within five days after
written notice that the contract has been awarded to him on his bid or
proposal, or, if he accepts but does not execute the contract and give
proper security, the agency shall have the right to declare his deposit
forfeited. In case any work shall be abandoned by any contractor, the
agency may, if it determines that the public interest is thereby served,
adopt on behalf of the agency any or all subcontracts made by such
contractor for such work and all such subcontractors shall be bound by
such adoption if made. No bid or proposal shall be accepted from or any
contract awarded to, any person or corporation who is in arrears to the
agency or the county upon any obligation of the agency or of the county.
Every contract involving an expenditure of more than five thousand
dollars when made and entered into as herein provided for shall be
executed in duplicate, one copy of which shall be held by the agency and
one copy of which shall be delivered to the contractor. The agency may
adopt, utilize, ratify and confirm any request for proposals, invitation
for sealed bids, plans, specifications and notices heretofore or
hereafter published by the county with respect to any proposed project,
and the agency may adopt, utilize, accept and confirm any bids or
proposals submitted to the county and heretofore or hereafter received
and publicly opened by the 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 the county. The
agency shall be deemed an authority for the purpose of section
twenty-eight hundred seventy-eight of this chapter.