Contracts

§ 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.