2740 - Contracts.

§  2740.  Contracts.  All  contracts  or  orders for work, material or  supplies performed or furnished in connection with  construction,  shall  be awarded by the authority 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 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.    The bidder whose bid is accepted shall give security for the  faithful  performance  of  the  contract, and such other security as the authority  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 authority and the sufficiency of such  security shall, in addition to the justification and acknowledgement, be  approved by the authority. 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  authority shall have the right to declare his deposit forfeited. In  case any work shall be abandoned by any contractor, the  authority  may,  if  it  determines  that the public interest is thereby served, adopt on  behalf of the authority 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  authority or  any  participating  county  upon  any  obligation  of  the  authority  or any participating county. Every contract 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  any  participating  county with respect to any  proposed project. The provisions of this  section  shall  supersede  any  inconsistent  provisions  of  the  general  municipal  law, or any other  general, special or local law,  or  the  charter  of  any  participating  county.    1.  Provided  further  that  all  contracts  for design, construction,  services or materials  for  projects  authorized  by  this  title  shall  require  that  such contracts and documents soliciting bids or proposals  therefor shall contain or make reference to the following provisions:    (a)  The  contractor  will  not  discriminate  against  employees   or  applicants  for  employment  because  of  race,  creed,  color, national  origin, sex, age, disability, or marital status, and will  undertake  or  continue  programs  of  affirmative action to insure that minority group  persons and women are  afforded  equal  employment  opportunity  without  discrimination.  Such  action  shall be taken with reference, but not be  limited  to  recruitment,   employment,   job   assignment,   promotion,  upgrading,  demotion,  transfer,  layoff,  termination,  rates of pay or  other forms of compensation, and selections for training or  retraining,  including apprenticeship and on-the-job training.(b) At the request of the authority, the contractor shall request each  employment  agency, labor union, or authorized representative of workers  with which he or she has a collective bargaining or other  agreement  or  understanding,  to  furnish  a  written  statement  that such employment  agency,  labor union or representative shall not discriminate because of  race, creed, color, national origin, sex,  age,  disability  or  marital  status  and  that  such  union  or  representative will cooperate in the  implementation of the contractor's obligations hereunder.    (c) The contractor will state, in all solicitations or  advertisements  for  employees  placed by or on behalf of the contractor, in performance  of the contract that all qualified applicants  will  be  afforded  equal  employment  opportunity  without  discrimination because of race, creed,  color, national origin, sex, age, disability or marital status.    (d) The contractor will  include  the  provisions  of  paragraphs  (a)  through  (c)  of this subdivision in every subcontract or purchase order  in such a  manner  that  such  provisions  will  be  binding  upon  each  subcontractor or vendor as to its working connection with a contract.    2.  The  authority shall establish procedures and guidelines to ensure  that contractors and subcontractors undertake  programs  of  affirmative  action  as  required by this section. Such procedures may require, after  notice in a bid solicitation, the submission of  an  affirmative  action  program  prior  to the award of any contract, or at any time thereafter,  and may require the submission of compliance  reports  relating  to  the  operation  and  implementation of any affirmative action program adopted  hereunder. Such procedures and guidelines shall be consistent  with  the  guidelines  promulgated  by  the  office  of federal contract compliance  programs  of  the  United  States  department  of  labor   pursuant   to  presidential  executive  order eleven thousand two hundred forty-six, as  amended,  and  any  state  statutory  or  regulatory  requirements.  The  authority  shall,  in  the  promulgation  of  procedures  and guidelines  pursuant to this section, cooperate with any  federal,  state  or  local  agency  established  for  the purpose of implementing affirmative action  compliance programs.    3.  The  authority  shall  seek  meaningful   participation   in   the  performance  of  contracts  by  minority  business enterprises and shall  establish measures and procedures to identify those contracts and  items  of work for which minority business enterprises may best bid to actively  and  affirmatively  promote  and  assist  their  participation  so as to  facilitate the award of a fair share of contracts to  such  enterprises.  For  purposes  hereof,  "minority  business  enterprise"  shall mean any  business enterprise which is at least fifty-one per centum owned by,  or  in  the case of a publicly owned business, at least fifty-one per centum  of the stock of which is owned by citizens or permanent resident  aliens  who  are  Black,  Hispanic,  Asian,  American  Indian or women, and such  ownership interest is real, substantial and continuing.  The  provisions  of  this  subdivision shall not be construed to limit the ability of any  minority business enterprise to bid on any contract.    4. In the  implementation  of  subdivisions  two  and  three  of  this  section,  the authority shall consider compliance by any contractor with  the requirements of any federal, state or local law concerning  minority  business   enterprises   or  equal  employment  opportunity,  which  may  effectuate the requirements of this section. If the authority determines  that by virtue of the imposition of the requirements of any such law, in  respect to contracts affected  by  this  section,  that  the  provisions  thereof  duplicate  or conflict with such law, the authority shall waive  the applicability of this section to the extent of such  duplication  or  conflict.5.  In  order  to  implement  the  requirements and objectives of this  section,  the  authority  shall  be  responsible  for   monitoring   the  contractors'   compliance  with  the  provisions  hereof,  for  advising  contractors on the availability of competing qualified minority business  enterprises  to  perform contracts proposed to be awarded and for making  recommendations  to  contractors  to  improve  the  access  of  minority  business enterprises to such contracts.