N.Y. PBA Law § 1287

§ 1287. Construction contracts. 1. Construction contracts other than\nfor resource recovery facilities let by the corporation shall be in\nconformity with the applicable provisions of section one hundred\nthirty-five of the state finance law, but the corporation in its\ndiscretion may assign such contracts for supervision and coordination to\nthe successful bidder for any subdivision of work for which the\ncorporation receives bids. Contracts for resource recovery facilities\nmay be awarded by the corporation in the same manner as by a\nmunicipality pursuant to section one hundred twenty-w of the general\nmunicipal law.\n 2. Except in the case of contracts for resource recovery facilities\nawarded consistent with subdivision one of this section, the corporation\nshall not award any construction contract involving an expenditure of\nmore than ten thousand dollars except to the lowest bidder who in its\nopinion is qualified to perform the work required and is responsible and\nreliable. The lowest bid shall be deemed to be that which specifically\nstates the lowest gross sum for which the entire work will be performed,\nincluding all items in the bid proposal. The lowest bid shall be\ndetermined by the corporation on the basis of the gross sum for which\nthe entire work will be performed, arrived at by a correct computation\nof all items specified in the bid therefor at the unit prices contained\nin the bid. The corporation may, however, reject any or all bids or\nwaive any informality in a bid if it believes that the public interest\nwill be promoted thereby. The corporation may reject any bid if in its\njudgment the business and technical organization, plant, resources,\nfinancial standing or experience of the bidder, compared with the work\nto be performed, justifies such rejection.\n 3. Any construction contract awarded by the corporation shall contain\nsuch other terms and conditions, and such provisions for penalties, as\nthe corporation may deem desirable.\n 4. Notwithstanding the provisions of any other law to the contrary,\nall contracts for public work awarded by the New York state\nenvironmental facilities corporation pursuant to this section shall be\nin accordance with section one hundred thirty-nine-f of the state\nfinance law.\n