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This entry was published on 2014-09-22
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SECTION 2768
Contracts
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 31
§ 2768. Contracts. All contracts for construction shall be let by the
authority in conformity with the applicable provisions of section one
hundred thirty-five of the state finance law and shall be let in
accordance with the provisions of state law pertaining to prevailing
wages, labor standards and working hours. In the case of industrial
projects, whenever the authority determines that trade secrets or other
confidential information about the prospective project occupant's
business operations, products, processes or designs would be revealed by
public bidding, the requirements of section one hundred thirty-five of
the state finance law with respect to public bidding may be waived. In
such event, separate specifications shall be prepared for, and separate
and independent contracts shall be entered into, for the following three
subdivisions of work to be performed: (a) plumbing and gas fitting; (b)
steam heating, hot water heating, ventilating and air conditioning
apparatus; and (c) electric wiring and standard illuminating fixtures.
The authority may, in its discretion, assign contracts for supervision
and coordination to the successful bidder for any subdivision of work
for which the authority receives bids. The authority shall not award any
construction contract except to the lowest bidder who, in its opinion,
is qualified to perform the work required and who is responsible and
reliable. The authority may, however, reject any or all bids or waive
any informality in a bid if it believes that the public interest will be
promoted thereby. The authority may reject any bid if, in its judgment,
the business and technical organization, plant, resources, financial
standing, or experience of the bidder justifies such rejection in view
of the work to be performed.