2350-O – Construction and Purchase Contracts.

§  2350-o.  Construction and purchase contracts. 1. The agency may, in
  its discretion, assign contracts for supervision and coordination to the
  successful bidder for any subdivision  of  work  for  which  the  agency
  receives  bids.  Any  construction  contract awarded by the agency shall
  contain  such  other  terms  and  conditions  as  the  agency  may  deem
  desirable.  The  agency 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 agency 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 agency
  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.
2.  Construction  contracts  let  by the agency shall be in conformity
  with the applicable provisions of section one hundred thirty-five of the
  state  finance  law,  provided,  however,  that  any  contract  for  the
  construction, reconstruction, rehabilitation or improvement of buildings
  let  by  the  agency  shall  not  be  governed  by  section  one hundred
  thirty-five of the state finance law if the agency chooses to utilize  a
  project labor agreement in accordance with the provisions of section two
  hundred  twenty-two  of  the  labor  law  when the record supporting the
  decision to  enter  into  such  an  agreement  establishes  that  it  is
  justified by the interests underlying the competitive bidding laws.
3.  All  contracts  or  leases  for  the construction, reconstruction,
  rehabilitation or improvement of  buildings  let  by  the  agency  shall
  comply  with  the  provisions of section two hundred twenty of the labor
  law.
4. Notwithstanding any other provision of law  to  the  contrary,  the
  agency  shall not contract, manage, oversee, design or perform a project
  of construction unless such project conforms with all  the  requirements
  established by the New York state fire prevention and building code.