§ 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.