[1964 Charter Laws, § 16-12(a), (b); L.L. No. 1-1958, § 1; L.L. No. 2-1979, §§ 1-11; L.L. No. 2-1981, § 1; L.L. No. 6-2006, § 1]
(a)
There is a Board of Contract and Supply composed of the Mayor, Comptroller,
Commissioner of Public Works, City Engineer, and a member of the Common
Council to be selected by a majority vote of the Common Council, at
a Council meeting. The Corporation Counsel shall serve as legal advisor
to the Board of Contract and Supply.
(b)
Except as otherwise provided by law, it shall be the duty of the
Board, after public notice and in accordance with regulations prescribed
by ordinance of the Common Council, to let to the lowest responsible
bidder, who has given adequate security therefor as set by the Board,
all contracts for the performance of any work or the supply of any
materials or equipment in the manner provided in this division.
[L.L. No. 2-1979, § 12; L.L.
No. 2-1981, § 2]
Sections 120 and 121 of the Second Class Cities Law and any
other state law are superseded to the extent that they conflict with
the provisions of this division.
[1964 Charter Laws, § 16-12(c)-(l); L.L. No. 1-1958, § 1; L.L. No. 2-1979, §§ 1-11; L.L. No. 2-1981, § 1; L.L. No. 4-1998, § 1]
(a)
Letting of contracts; sealed bids required. All contracts requiring
competitive bidding shall be awarded by the Board of Contract and
Supply, after public notice and in accordance with regulations prescribed
by ordinance of the Common Council, to the lowest responsible bidder,
after the receipt of sealed bids and the furnishing of the required
security therefor.
(b)
Advertisement. Public notice for sealed bids shall be published by
advertising in the official newspaper designated for that purpose.
The notice shall describe the work to be performed or materials to
be provided for which contracts will be let, and the day and hours
and place of the meeting of the Board of Contract and Supply at which
proposals therefor shall be opened. Specifications for the performance
of any work and for the supply of any materials shall be prepared
and set forth with sufficient detail to inform all persons proposing
to bid therefor of the nature of the work to be done and of the materials
to be supplied. Written or printed copies thereof shall be delivered
to all applicants therefor after the paying of a deposit in an amount
to be set by the Board in conformity with the provisions of Section
102 of the General Municipal Law. Not less than five days shall elapse
between the first publication of the advertisement and the date specified
for the opening and reading of bids.
(c)
Proposals. No contract that requires competitive bidding shall be
let, except after the receipt of sealed bids or proposals therefor.
No bids or proposals shall be received at any time other than at a
regular meeting of the Board of Contract and Supply, and unless they
conform to the rules of the Board and the general ordinances of the
Common Council. All bids or proposals must be endorsed with the title
of the work or materials to which they relate, the name of the bidder
and the bidder's residence. It shall be the duty of each member of
the Board to be present at the time and place mentioned in the public
notice for the receipt and opening of bids or proposals, and such
meetings shall be open to the public. After all the bids or proposals
have been presented, but not until 1/2 hour after the time stated
in the public notice for holding the meeting, all bids or proposals
shall be opened by a member of the Board or by its Secretary, publicly
and in the presence of the bidders and other persons there present,
and an abstract of all of such bids or proposals, with the prices
and security offered, shall be transcribed in a book kept for that
purpose, without any change, correction or addition whatever. A majority
of the Board need not be present when bids or proposals are opened.
The Board may reject all bids or proposals received at any meeting
and advertise again for new bids or proposals to be received at another
meeting as above prescribed. No person submitting, or on whose behalf
a bid or proposal is submitted, nor the principal or sureties on any
bond or security accompanying the same, shall have the right to withdraw
or cancel any such bid, proposal or bond until the Board has awarded
the contract for which the bid or proposal is made, and the contract
shall have been duly executed.
(d)
Waiver of necessity of competitive bidding; consent of Common Council
and Board of Estimate and Apportionment. When it has been determined
to be impracticable to procure services, work and/or materials by
competitive bidding, the Common Council may, by ordinance adopted
by not less than 4/5 of its members, direct the appropriate board,
commission, agency, officer or department to procure such services,
work or materials or any of them, and the ordinance shall set forth
the reason or circumstances as to why it is impracticable to seek
competitive bids. The waiver shall not be effective unless subsequently
unanimously approved by resolution of the Board of Estimate and Apportionment.
(e)
Emergencies. In case of a public emergency involving accident or
other injury by which the heating or plumbing of any of the public
buildings or any of the fire or waterworks apparatus shall become
disabled, the officer, board, commission or agency having jurisdiction
thereof shall cause repairs thereto to be made without a letting by
contract, upon filing with the board of contract and supply a certificate
approved by the Mayor, showing the emergency and the necessity for
the repairs.
(f)
Preventing competitive bidding. A person who conspires to prevent
competitive bidding on a contract for public work or purchase advertised
for bidding shall be guilty of a misdemeanor as provided in Section
103-e of the General Municipal Law.
(g)
Receipt of bids and bid opening. Where sealed bids are required by
law for a public contract, the time and place for the receipt of the
sealed bids shall be determined by the Board of Contract and Supply.
Bids shall be opened as soon as practicable after the time set for
the receipt thereof.
