* § 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 § 135 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 § 135 of the state finance law if the agency chooses to utilize a project labor agreement in accordance with the provisions of § 222 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 § 220 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.

* NB Repealed December 31, 2023