1209 - Contracts.

§ 1209. Contracts. 1. Any contract for public work, except where there  is an emergency involving danger to life or property, the estimated cost  of  which exceeds twenty thousand dollars shall be made by the authority  only  upon  public  letting  founded  on  sealed  bids.  Notice  of  the  invitation  for  such  bidding  shall  state  the  time and place of the  receipt and opening of bids and shall be published once a week  for  two  successive  weeks  in two of the daily newspapers published in the city,  and in the city records. The authority may  reject  all  such  bids  and  readvertise  for new bids if it shall deem it for the public interest so  to do. If not, it shall award the contract  to  the  lowest  responsible  bidder.    2.  Any  purchase contract, including but not limited to contracts for  the purchase of equipment, materials or supplies, the estimated cost  of  which  exceeds  the  sum  of  ten thousand dollars, shall be made by the  authority only upon public letting founded on sealed bids, except  in  a  case  where  the  authority, by resolution, declares the existence of an  emergency or the existence of  other  circumstances  making  competitive  bidding impracticable or inappropriate, except in no instance other than  in  circumstances  such  as described in paragraph (g) hereof, shall the  authority declare that competitive bidding is inappropriate with respect  to purchase contracts for omnibuses. In each instance when the authority  declares competitive bidding inappropriate it shall  state  the  reasons  therefor.  Competitive  bidding  may  be  declared  inappropriate by the  authority in instances (a) where the item to be purchased  is  available  only  from  a  single  source;  or (b) where professional engineering or  architectural services are solicited; or (c) where only a single bid  is  received in response to an invitation for competitive bids; or (d) where  the  authority  has  chosen  to  standardize a component on the basis of  compatibility or maintenance reliability; or (e) where the apparent  low  bidder  is  declared by the authority to be not qualified to perform the  terms of the contract; or (f) where the authority wishes  to  experiment  with  or  test  a  new  product or technology or evaluate the service or  reliability of a new source for a particular product  or  component;  or  (g)  where  the authority by a vote of two-thirds of its members then in  office determines that its prior experience with a potential  source  or  contractor  has  been  such  as to require, in the public interest, that  such source or contractor not be considered eligible  to  bid  and  that  after  the  elimination  of  said  source or contractor from the bidding  process there would effectively remain only a single source for the item  to be purchased and the authority purchases the item from  such  source;  or  (h)  where  the  authority  by  a  two-thirds  vote  of  its members  determines, on the basis of its analysis of  the  competitive  situation  among potential sources for the item to be purchased, is such that it is  in the public interest to encourage new sources of manufacture or supply  by  awarding  a contract by negotiation and without competitive bidding.  Notice of the invitation for such bidding shall state the time and place  of the receipt and opening of bids and shall be published  in  the  city  record  in  five  successive  issues  at  least  ten days preceding such  opening. The authority may reject all such bids and readvertise for  new  bids  if  it  shall deem it for the public interest so to do. If not, it  shall award the contract to the lowest  responsible  bidder  unless  the  authority,  by unanimous vote, shall determine that it is for the public  interest that a bid other than that of  the  lowest  responsible  bidder  shall be accepted.    * 3.  A  contract for the purchase of rapid transit cars or components  of rapid transit cars in furtherance  or  implementation  of  a  capital  program plan approved pursuant to section twelve hundred sixty-nine-b of  this article may also be awarded by the authority by negotiation withoutcompetitive  bidding provided the following standards and procedures are  complied with:    (a)  The  authority, by a vote of not less than eleven of its members,  shall issue a notice of intention to negotiate for the purchase of rapid  transit cars or components thereof. Such notice shall be published in at  least one newspaper of general circulation, and a copy thereof shall  be  mailed  to  all  known  vendors  of such cars or components. Such notice  shall describe or identify the cars or particular components  so  to  be  purchased,  the  factors  subject to negotiation, insofar as practicable  prior to such negotiation, the form and content of the response, and any  other matter which the authority deems relevant. The factors subject  to  negotiation  shall include, but need not be limited to, financing, cost,  delivery schedules, and performance of all or a portion of the  contract  at  sites  within  the  state  of  New  York or using goods produced and  services provided within the  state  of  New  York.  Such  notice  shall  require  a  respondent  to  submit  as  part of the response and in such  detail as  the  authority  may  require,  information  relating  to  the  experience  of  the  respondent  on  the  basis of which said respondent  purports to be qualified to fulfill a contract relating to  the  subject  matter and including the factors identified in the notice.    (b)  The  authority  shall  evaluate the responses to such notice, and  shall negotiate with those respondents whose responses comply  with  all  the  requirements  set  forth in the notice, including the qualification  requirements.    (c) A public hearing shall be held by the authority upon not less than  fifteen days notice. Such notice shall state the purpose of the hearing,  and shall be published in at least one newspaper of general  circulation  and  shall  be  mailed to all vendors from whom offers to negotiate were  received. At such hearing, summaries of all offers received and  of  all  negotiations  shall  be  presented.  Public  comment shall be heard with  respect to such offers and negotiations after which the authority  by  a  vote of not less than eleven of its members, shall resolve, on the basis  of  particularized findings relevant to the factors negotiated, that the  award of the contract on the basis of negotiation for  the  purchase  of  rapid  transit  cars or any components thereof will result in savings or  other benefits to the authority, and that such award is  in  the  public  interest.    As  soon  as  practicable  after  the adoption of such resolution, the  authority shall file such resolution  and  the  contract  which  is  the  subject  thereof  with  the  New  York  State Public Authorities Control  Board, created by section fifty of this chapter, and with the individual  members thereof, and no such contract shall be awarded by the  authority  if  within  fifteen  days  following  such filing the Public Authorities  Control Board has disapproved the award of such  contract.  Provided  if  the  contract is not approved by the board within the fifteen day period  and no individual member of the board has certified to the authority  in  writing  of  his  disapproval  within such period, the contract shall be  deemed to have been approved.    (d) Except with respect to  a  contract  to  be  awarded  pursuant  to  paragraph (i) of subdivision two of this section, the notice provided in  paragraph  (c)  of this subdivision shall not be issued until forty-five  days after issuance of the notice of intention to negotiate referred  to  in paragraph (a) of this subdivision.    * NB Expired December 31, 1982    4.  Notwithstanding the provisions of subdivision two of this section,  a contract for the purchase of omnibuses or components of  omnibuses  in  furtherance  or  implementation  of  a  capital  program  plan  approved  pursuant to section twelve hundred sixty-nine-b of this article may alsobe awarded by the authority by negotiation without  competitive  bidding  provided the following standards and procedures are complied with:    (a)  The  authority,  by  a  vote  of  not less than two-thirds of its  members then in office, shall issue a notice  of  intention  to  solicit  competitive offerings to furnish omnibuses or components thereof, and to  negotiate the conditions of a final purchase award. Such notice shall be  published  in  at least one newspaper of general circulation, and a copy  thereof shall be mailed to  all  known  vendors  of  such  omnibuses  or  components.    Such  notice  shall describe or identify the omnibuses or  particular components  so  to  be  purchased,  the  factors  subject  to  negotiation,  insofar as practicable prior to such negotiation, the form  and content of the response, and any other matter  which  the  authority  deems  relevant.  The  factors subject to negotiation shall include, but  need not  be  limited  to,  financing,  cost,  delivery  schedules,  and  performance  of  all  or  a  portion of the contract at sites within the  state of New York or using goods produced and services provided with the  state of New York. Such notice shall require a respondent to  submit  as  part  of  the  response and in such detail as the authority may require,  information relating to the experience of the respondent on the basis of  which said respondent purports to be qualified  to  fulfill  a  contract  relating  to  the subject matter and including the factors identified in  the notice.    (b) The authority shall evaluate the responses  to  such  notice,  and  shall  negotiate  with those respondents whose responses comply with all  the requirements set forth in the notice,  including  the  qualification  requirements.    (c) A public hearing shall be held by the authority upon not less than  fifteen days notice. Such notice shall state the purpose of the hearing,  and  shall be published in at least one newspaper of general circulation  and shall be mailed to all vendors from whom offers  to  negotiate  were  received. At such hearing, summaries of all final offers received and of  all  negotiations shall be presented. Public comment shall be heard with  respect to such offers and negotiations after which the authority  by  a  vote of not less than eleven of its members, shall resolve, on the basis  of  particularized findings relevant to the factors negotiated, that the  award of the contract on the basis of negotiation for  the  purchase  of  omnibuses  or  any  components  thereof  will result in savings or other  benefits to the  authority,  and  that  such  award  is  in  the  public  interest.    In  no  event,  however,  shall  the  authority  award  a contract for  omnibuses to a manufacturer whose final offer, as expressed in unit cost  per omnibus, is more than ten per cent higher than the unit cost of  any  qualified  competing  final  offer,  if the sole basis for such award is  that the higher priced offer includes more favorable provision  for  the  performance  of  the contract within the state of New York or the use of  goods produced or services  provided  within  the  state  of  New  York.  Provided,  however, the authority's directors to award a contract to any  manufacturer shall not be so limited if  a  basis  for  such  award,  as  determined  by  the authority, is superior financing, delivery schedule,  life cycle cost, reliability, or any other factor  the  authority  deems  relevant to its operation.    As  soon  as  practicable  after  the adoption of such resolution, the  authority shall file such resolution  and  the  contract  which  is  the  subject  thereof  with  the  New  York  state public authorities control  board, created by section fifty of this chapter, and with the individual  members thereof. The authority  shall  provide  the  public  authorities  control  board with any information concerning the decision to award the  contract as such board  may  request,  including,  but  not  limited  tofinancing,  delivery  schedule,  life cycle cost, and reliability of the  omnibus offers made by all manufacturers competing  for  the  award.  No  such  contract  shall be awarded by the authority if within fifteen days  following   such   filing  the  public  authorities  control  board  has  disapproved the award  of  such  contract;  provided,  however,  if  the  contract  is not approved by the board within the fifteen day period and  no individual member of the board has  certified  to  the  authority  in  writing  of  his  disapproval  within such period, the contract shall be  deemed to have been approved.    (d) The notice provided in paragraph (c) of this subdivision shall not  be issued  until  forty-five  days  after  issuance  of  the  notice  of  intention to negotiate referred to in paragraph (a) of this subdivision.    5.  (a)  Notwithstanding  that  funds  of  the  authority  may be used  therefor, a contract  for  all  or  a  portion  of  work  involving  the  alteration,  expansion  or  rehabilitation of a passenger station may be  awarded by the authority, by negotiation without competitive bidding, to  a private entity or the designee of a private entity where the authority  by vote of not less than eleven of its members approves written findings  that such award is expected  to  permit  the  alteration,  expansion  or  rehabilitation  to  be  carried  out  in  the  most  efficient  and cost  effective manner, that such private entity has agreed to  pay  at  least  one  million  dollars  toward  the  cost  of the work, that such payment  represents not less than fifty percent of the total cost  of  the  work,  and  that  the  authority  has  complied with the procedures provided in  paragraph (b) of this  subdivision.  Notwithstanding  the  foregoing,  a  contract  for  all  or  a  portion  of  work  involving  the alteration,  expansion or rehabilitation of the  passenger  station  located  at  the  western  terminus  of  the forty-second street shuttle may be awarded by  the authority, by negotiation without competitive bidding, to a  private  entity  or  the designee of a private entity where the authority by vote  of not less than eleven of its members approves  written  findings  that  such   award   is  expected  to  permit  the  alteration,  expansion  or  rehabilitation to  be  carried  out  in  the  most  efficient  and  cost  effective   manner,  and  that  the  authority  has  complied  with  the  procedures provided in paragraph (b) of this subdivision.    (b) Not less than fifteen days prior to the consideration by the board  of the authority of a contract to be let pursuant to this subdivision, a  notice  shall  be  published  in  at  least  one  newspaper  of  general  circulation.  Such  notice  shall  identify  the parties to the proposed  contract and summarize its terms and conditions. Such notice shall  also  invite   written   public  comment  concerning  the  proposed  contract,  including, to the extent appropriate, the submission of alternatives for  the authority's consideration. Such information shall be  considered  by  the board of authority prior to the approval of any contract proposed to  be awarded pursuant to this subdivision.    (c)  Any  contract  entered  into  pursuant  to this subdivision shall  comply with the requirements of subdivision thirteen of  section  twelve  hundred sixty-six-c of this article.    6.  The  provisions  of  subdivisions one, two, three and four of this  section shall not be applicable to  any  procurement  by  the  authority  commenced  during the period from the effective date of this subdivision  until December thirty-first, nineteen hundred ninety-one or  during  the  period from December sixteenth, nineteen hundred ninety-three until June  thirtieth,  two  thousand  eleven;  and  the  provisions of subdivisions  seven, eight, nine, ten, eleven, twelve and  thirteen  of  this  section  shall  only apply to procurements by the authority commenced during such  periods. The provisions of such subdivisions one, two,  three  and  four  shall apply to procurements by the authority commenced during the periodfrom  December  thirty-first, nineteen hundred ninety-one until December  sixteenth, nineteen hundred ninety-three, and  to  procurements  by  the  authority  commenced  on  and  after  July  first,  two thousand eleven.  Notwithstanding  the foregoing, the provisions of such subdivisions one,  two, three and four shall apply to (i) the award of any contract of  the  authority if the bid documents for such contract so provide and such bid  documents  are  issued  within  sixty days of the effective date of this  subdivision or within sixty days of December sixteenth, nineteen hundred  ninety-three, or (ii) for a period of one hundred eighty days after  the  effective  date  of  this  subdivision,  or  for a period of one hundred  eighty days after December sixteenth, nineteen hundred ninety-three, the  award of any contract for which  an  invitation  to  bid,  solicitation,  request  for  proposal,  or  any similar document has been issued by the  authority prior to the effective date of this subdivision or during  the  period  from  January  first, nineteen hundred ninety-two until December  fifteenth, nineteen hundred ninety-three.    7. (a) Except as otherwise provided  in  this  section,  all  purchase  contracts  for  supplies,  materials or equipment involving an estimated  expenditure in excess of fifteen thousand dollars and all contracts  for  public  work involving an estimated expenditure in excess of twenty-five  thousand dollars shall  be  awarded  by  the  authority  to  the  lowest  responsible bidder after obtaining sealed bids in the manner hereinafter  set  forth.  The  aforesaid  shall  not apply to contracts for personal,  architectural, engineering or other professional services. The authority  may reject all bids and obtain new bids in the manner provided  by  this  section  when  it is deemed 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.    (b)  Section  twenty-eight  hundred seventy-nine of this chapter shall  apply to the authority's acquisition of goods or services of  any  kind,  in  the  actual or estimated amount of fifteen thousand dollars or more,  provided that  a  contract  for  personal  services  in  the  actual  or  estimated  amount of less than twenty thousand dollars shall not require  approval by the board of the authority regardless of the length  of  the  period over which the services are rendered, and provided further that a  contract  for  personal  services  in  the actual or estimated amount of  twenty thousand dollars or more shall require approval by the  board  of  the  authority  regardless  of  the  length of the period over which the  services are rendered.    8. (a) Advertisement for bids, when required by this section, shall be  published at least once in a newspaper of  general  circulation  in  the  area  served  by  the  authority  and  in  the procurement opportunities  newsletter  published  pursuant  to  article  four-C  of  the   economic  development law provided that, notwithstanding the provisions of article  four-C  of  the economic development law, an advertisement shall only be  required when required by this section. Publication in  a  newspaper  of  general   circulation   in   the  area  served  or  in  the  procurement  opportunities newsletter shall not be required if bids for contracts for  supplies, materials or equipment are of a type  regularly  purchased  bythe  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 eleven of this section. Any such advertisement  shall contain a statement of: (i) the time and place where bids received  pursuant  to  any  notice requesting sealed bids will be publicly opened  and read; (ii) the name of the contracting agency;  (iii)  the  contract  identification  number;  (iv)  a  brief  description of the public work,  supplies, materials, or equipment sought, the location where work is  to  be  performed,  goods  are  to be delivered or services provided and the  contract term; (v) the  address  where  bids  or  proposals  are  to  be  submitted;  (vi)  the  date  when  bids  or  proposals  are due; (vii) a  description  of  any  eligibility  or   qualification   requirement   or  preference;  (viii)  a statement as to whether the contract requirements  may be fulfilled by a subcontracting, joint  venture,  or  co-production  arrangement;  (ix)  any  other  information  deemed  useful to potential  contractors; and (x) the name, address,  and  telephone  number  of  the  person  to  be  contacted  for  additional information. At least fifteen  business 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  specified 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.    9. Notwithstanding the foregoing, the  authority  may,  by  resolution  approved  by  a  two-thirds  vote  of its members then in office or by a  majority vote of its members with respect to contracts  proposed  to  be  let  pursuant  to  paragraph  (a)  of  this  subdivision,  declare  that  competitive bidding is  impractical  or  inappropriate  because  of  the  existence  of  any  of  the  circumstances  hereinafter  set  forth  and  thereafter  the  authority  may  proceed  to  award  contracts   without  complying  with  the  requirements of subdivision seven or eight 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.  Except  for  contracts  awarded  pursuant to paragraphs (a), (b), (c) and (e) 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  and  as  a  consequence  of  an  unforeseen  circumstance such purchase cannot await  competitive bidding;    (b) the  item  to  be  purchased  is  available  only  from  a  single  responsible  source,  provided  that if bids have not been solicited for  such item pursuant to subdivision  seven  of  this  section  within  the  preceding  twelve months, public notice shall first be given pursuant to  subdivision eight of this section;    (c) the authority  receives  no  responsive  bids  or  only  a  single  responsive bid in response to an invitation for competitive bids;(d)  the  authority  wishes  to  experiment  with or test a product or  technology or new source for such product or technology or evaluate  the  service or reliability of such product or technology;    (e)  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 contract  or  (ii)  the  state  of  New  York  or the city of New York, provided that in any case  when the authority under this paragraph determines that  obtaining  such  item  thereby would be in the public interest and sets forth the reasons  for such determination. The authority shall accept  sole  responsibility  for any payment due the vendor as a result of the authority's order; or    (f)  the  authority  determines  that  it is in the public interest to  award contracts pursuant  to  a  process  for  competitive  request  for  proposals  as  hereinafter  set  forth.  For purposes of this section, a  process for competitive request 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 eight 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 two-thirds vote of its members then  in  office  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.    (g)  the authority issues a competitive request for proposals pursuant  to the procedures of paragraph (f) of this subdivision for the  purchase  or  rehabilitation of rapid transit cars and omnibuses. Any such request  may include among the stated selection criteria the performance  of  all  or  a  portion  of the contract at sites within the state of New York or  the use of goods produced or services provided within the state  of  New  York,  provided  however  that  in  no event shall the authority award a  contract to a manufacturer whose final offer, as expressed in unit  cost  is  more  than  ten  percent  higher than the unit cost of any qualified  competing final offer, if the sole basis for  such  award  is  that  the  higher   priced   offer   includes  more  favorable  provision  for  the  performance of the contract within the state of New York or the  use  of  goods  produced  or  services provided within the state of New York, and  further provided that the authority's discretion to award a contract  to  any  manufacturer  shall not be so limited if a basis for such award, as  determined by the authority, is superior financing,  delivery  schedule,  life  cycle,  reliability,  or  any  other  factor  the  authority deems  relevant to its operations.    (i) The authority may award a contract pursuant to this paragraph only  after a resolution approved by a vote of not less than two-thirds of its  members then in office at a public meeting of the  authority  with  suchresolution (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.    10. 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 modifications thereto.  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.    11.  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:  (a)  advertising  in  trade journals; (b) cooperation with federal, state and  local agencies within its area of operations;  (c)  publication  in  the  state  register  quarterly;  and  (d) procedures established pursuant to  subdivision thirteen of  section  twelve  hundred  sixty-six-c  of  this  article.    12.  The  provisions  of  this  section  shall not supersede any other  provisions  of  law  relative  to  purchases  of  products  or   devices  manufactured  or  provided  by  the  blind or other severely handicapped  persons, to the invitation and acceptance of bids from small or minority  business enterprises or to  the  purchases  of  supplies,  materials  or  equipment  through  the  office  of  general  services.  Except  as  may  otherwise be provided by law or as more  restrictively  defined  in  the  official  policy or bid specifications of the authority, the term "small  business"  means  a  small  business  or  similar  term,  under  federal  regulations  applicable to projects of the authority which are federally  assisted.    13. The provisions of this section shall not apply to any  procurement  made  by  any other public entity not otherwise required by law to award  contracts for such purchases to the lowest responsible  bidder  if  such  purchases are made at the sole cost and expense of such entity.