There is a newer version of the New York Consolidated Laws
2006 New York Code - Contracts.
§ 1209. Contracts. 1. Any contract for public work, except where there
is an emergency involving danger to life or property, the estimated cost
of which exceeds twenty thousand dollars shall be made by the authority
only upon public letting founded on sealed bids. Notice of the
invitation for such bidding shall state the time and place of the
receipt and opening of bids and shall be published once a week for two
successive weeks in two of the daily newspapers published in the city,
and in the city records. The authority may reject all such bids and
readvertise for new bids if it shall deem it for the public interest so
to do. If not, it shall award the contract to the lowest responsible
bidder.
2. Any purchase contract, including but not limited to contracts for
the purchase of equipment, materials or supplies, the estimated cost of
which exceeds the sum of ten thousand dollars, shall be made by the
authority only upon public letting founded on sealed bids, except in a
case where the authority, by resolution, declares the existence of an
emergency or the existence of other circumstances making competitive
bidding impracticable or inappropriate, except in no instance other than
in circumstances such as described in paragraph (g) hereof, shall the
authority declare that competitive bidding is inappropriate with respect
to purchase contracts for omnibuses. In each instance when the authority
declares competitive bidding inappropriate it shall state the reasons
therefor. Competitive bidding may be declared inappropriate by the
authority in instances (a) where the item to be purchased is available
only from a single source; or (b) where professional engineering or
architectural services are solicited; or (c) where only a single bid is
received in response to an invitation for competitive bids; or (d) where
the authority has chosen to standardize a component on the basis of
compatibility or maintenance reliability; or (e) where the apparent low
bidder is declared by the authority to be not qualified to perform the
terms of the contract; or (f) where the authority wishes to experiment
with or test a new product or technology or evaluate the service or
reliability of a new source for a particular product or component; or
(g) where the authority by a vote of two-thirds of its members then in
office determines that its prior experience with a potential source or
contractor has been such as to require, in the public interest, that
such source or contractor not be considered eligible to bid and that
after the elimination of said source or contractor from the bidding
process there would effectively remain only a single source for the item
to be purchased and the authority purchases the item from such source;
or (h) where the authority by a two-thirds vote of its members
determines, on the basis of its analysis of the competitive situation
among potential sources for the item to be purchased, is such that it is
in the public interest to encourage new sources of manufacture or supply
by awarding a contract by negotiation and without competitive bidding.
Notice of the invitation for such bidding shall state the time and place
of the receipt and opening of bids and shall be published in the city
record in five successive issues at least ten days preceding such
opening. The authority may reject all such bids and readvertise for new
bids if it shall deem it for the public interest so to do. If not, it
shall award the contract to the lowest responsible bidder unless the
authority, by unanimous vote, shall determine that it is for the public
interest that a bid other than that of the lowest responsible bidder
shall be accepted.
* 2. Any purchase contract, including but not limited to contracts for
the purchase of equipment, materials or supplies, the estimated cost of
which exceeds the sum of ten thousand dollars, shall be made by the
authority only upon public letting founded on sealed bids, except in a
case where the authority, by resolution, declares the existence of an
emergency or the existence of other circumstances making competitive
bidding impracticable or inappropriate, except in no instance other than
in circumstances such as described in paragraph (g) hereof, shall the
authority declare that competitive bidding is inappropriate with respect
to purchase contracts for omnibuses. In each instance when the authority
declares competitive bidding inappropriate it shall state the reasons
therefor. Competitive bidding may be declared inappropriate by the
authority in instances (a) where the item to be purchased is available
only from a single source; or (b) where professional engineering or
architectural services are solicited; or (c) where only a single bid is
received in response to an invitation for competitive bids; or (d) where
the authority has chosen to standardize a component on the basis of
compatibility or maintenance reliability; or (e) where the apparent low
bidder is declared by the authority to be not qualified to perform the
terms of the contract; or (f) where the authority wishes to experiment
with or test a new product or technology or evaluate the service or
reliability of a new source for a particular product or component; or
(g) where the authority by a vote of two-thirds of its members then in
office determines that its prior experience with a potential source or
contractor has been such as to require, in the public interest, that
such source or contractor not be considered eligible to bid and that
after the elimination of said source or contractor from the bidding
process there would effectively remain only a single source for the item
to be purchased and the authority purchases the item from such source;
or (h) where the authority by a two-thirds vote of its members
determines, on the basis of its analysis of the competitive situation
among potential sources for the item to be purchased, is such that it is
in the public interest to encourage new sources of manufacture or supply
by awarding a contract by negotiation and without competitive bidding;
or (i) where the authority, after receipt and analysis of bids received
prior to October first, nineteen hundred eighty-one for itself or on
behalf of another authority in response to an invitation for competitive
bids for a contract or contracts for rapid transit cars or major
components thereof, such as bodies, propulsion systems or trucks,
determines by a vote of not less than eleven of its members to reject
all bids by reason of savings or other benefits to be realized by
negotiating such contract or contracts in relation to such factors as
the cost or financing of such purchase or purchases or to schedules for
the delivery of such cars or components; thereafter the authority, by
negotiation, may award such contract, provided that it complies with
paragraph (c) of subdivision three of this section.
In no event shall the foregoing provisions of paragraph (i) hereof
permit the purchase of more than three hundred twenty-five rapid transit
cars or major components thereof without compliance as to any number in
excess thereof with all the provisions of subdivision three of this
section.
Notice of the invitation for such bidding shall state the time and
place of the receipt and opening of bids and shall be published in the
city record in five successive issues at least ten days preceding such
opening. The authority may reject all such bids and readvertise for new
bids if it shall deem it for the public interest so to do. If not, it
shall award the contract to the lowest responsible bidder unless the
authority, by unanimous vote, shall determine that it is for the public
interest that a bid other than that of the lowest responsible bidder
shall be accepted.
* NB Expired December 31, 1982
* 3. A contract for the purchase of rapid transit cars or components
of rapid transit cars in furtherance or implementation of a capital
program plan approved pursuant to section twelve hundred sixty-nine-b of
this article may also be awarded by the authority by negotiation without
competitive bidding provided the following standards and procedures are
complied with:
(a) The authority, by a vote of not less than eleven of its members,
shall issue a notice of intention to negotiate for the purchase of rapid
transit cars or components thereof. Such notice shall be published in at
least one newspaper of general circulation, and a copy thereof shall be
mailed to all known vendors of such cars or components. Such notice
shall describe or identify the cars or particular components so to be
purchased, the factors subject to negotiation, insofar as practicable
prior to such negotiation, the form and content of the response, and any
other matter which the authority deems relevant. The factors subject to
negotiation shall include, but need not be limited to, financing, cost,
delivery schedules, and performance of all or a portion of the contract
at sites within the state of New York or using goods produced and
services provided within the state of New York. Such notice shall
require a respondent to submit as part of the response and in such
detail as the authority may require, information relating to the
experience of the respondent on the basis of which said respondent
purports to be qualified to fulfill a contract relating to the subject
matter and including the factors identified in the notice.
(b) The authority shall evaluate the responses to such notice, and
shall negotiate with those respondents whose responses comply with all
the requirements set forth in the notice, including the qualification
requirements.
(c) A public hearing shall be held by the authority upon not less than
fifteen days notice. Such notice shall state the purpose of the hearing,
and shall be published in at least one newspaper of general circulation
and shall be mailed to all vendors from whom offers to negotiate were
received. At such hearing, summaries of all offers received and of all
negotiations shall be presented. Public comment shall be heard with
respect to such offers and negotiations after which the authority by a
vote of not less than eleven of its members, shall resolve, on the basis
of particularized findings relevant to the factors negotiated, that the
award of the contract on the basis of negotiation for the purchase of
rapid transit cars or any components thereof will result in savings or
other benefits to the authority, and that such award is in the public
interest.
As soon as practicable after the adoption of such resolution, the
authority shall file such resolution and the contract which is the
subject thereof with the New York State Public Authorities Control
Board, created by section fifty of this chapter, and with the individual
members thereof, and no such contract shall be awarded by the authority
if within fifteen days following such filing the Public Authorities
Control Board has disapproved the award of such contract. Provided if
the contract is not approved by the board within the fifteen day period
and no individual member of the board has certified to the authority in
writing of his disapproval within such period, the contract shall be
deemed to have been approved.
(d) Except with respect to a contract to be awarded pursuant to
paragraph (i) of subdivision two of this section, the notice provided in
paragraph (c) of this subdivision shall not be issued until forty-five
days after issuance of the notice of intention to negotiate referred to
in paragraph (a) of this subdivision.
* NB Expired December 31, 1982
4. Notwithstanding the provisions of subdivision two of this section,
a contract for the purchase of omnibuses or components of omnibuses in
furtherance or implementation of a capital program plan approved
pursuant to section twelve hundred sixty-nine-b of this article may also
be awarded by the authority by negotiation without competitive bidding
provided the following standards and procedures are complied with:
(a) The authority, by a vote of not less than two-thirds of its
members then in office, shall issue a notice of intention to solicit
competitive offerings to furnish omnibuses or components thereof, and to
negotiate the conditions of a final purchase award. Such notice shall be
published in at least one newspaper of general circulation, and a copy
thereof shall be mailed to all known vendors of such omnibuses or
components. Such notice shall describe or identify the omnibuses or
particular components so to be purchased, the factors subject to
negotiation, insofar as practicable prior to such negotiation, the form
and content of the response, and any other matter which the authority
deems relevant. The factors subject to negotiation shall include, but
need not be limited to, financing, cost, delivery schedules, and
performance of all or a portion of the contract at sites within the
state of New York or using goods produced and services provided with the
state of New York. Such notice shall require a respondent to submit as
part of the response and in such detail as the authority may require,
information relating to the experience of the respondent on the basis of
which said respondent purports to be qualified to fulfill a contract
relating to the subject matter and including the factors identified in
the notice.
(b) The authority shall evaluate the responses to such notice, and
shall negotiate with those respondents whose responses comply with all
the requirements set forth in the notice, including the qualification
requirements.
(c) A public hearing shall be held by the authority upon not less than
fifteen days notice. Such notice shall state the purpose of the hearing,
and shall be published in at least one newspaper of general circulation
and shall be mailed to all vendors from whom offers to negotiate were
received. At such hearing, summaries of all final offers received and of
all negotiations shall be presented. Public comment shall be heard with
respect to such offers and negotiations after which the authority by a
vote of not less than eleven of its members, shall resolve, on the basis
of particularized findings relevant to the factors negotiated, that the
award of the contract on the basis of negotiation for the purchase of
omnibuses or any components thereof will result in savings or other
benefits to the authority, and that such award is in the public
interest.
In no event, however, shall the authority award a contract for
omnibuses to a manufacturer whose final offer, as expressed in unit cost
per omnibus, is more than ten per cent higher than the unit cost of any
qualified competing final offer, if the sole basis for such award is
that the higher priced offer includes more favorable provision for the
performance of the contract within the state of New York or the use of
goods produced or services provided within the state of New York.
Provided, however, the authority's directors to award a contract to any
manufacturer shall not be so limited if a basis for such award, as
determined by the authority, is superior financing, delivery schedule,
life cycle cost, reliability, or any other factor the authority deems
relevant to its operation.
As soon as practicable after the adoption of such resolution, the
authority shall file such resolution and the contract which is the
subject thereof with the New York state public authorities control
board, created by section fifty of this chapter, and with the individual
members thereof. The authority shall provide the public authorities
control board with any information concerning the decision to award the
contract as such board may request, including, but not limited to
financing, delivery schedule, life cycle cost, and reliability of the
omnibus offers made by all manufacturers competing for the award. No
such contract shall be awarded by the authority if within fifteen days
following such filing the public authorities control board has
disapproved the award of such contract; provided, however, if the
contract is not approved by the board within the fifteen day period and
no individual member of the board has certified to the authority in
writing of his disapproval within such period, the contract shall be
deemed to have been approved.
(d) The notice provided in paragraph (c) of this subdivision shall not
be issued until forty-five days after issuance of the notice of
intention to negotiate referred to in paragraph (a) of this subdivision.
5. (a) Notwithstanding that funds of the authority may be used
therefor, a contract for all or a portion of work involving the
alteration, expansion or rehabilitation of a passenger station may be
awarded by the authority, by negotiation without competitive bidding, to
a private entity or the designee of a private entity where the authority
by vote of not less than eleven of its members approves written findings
that such award is expected to permit the alteration, expansion or
rehabilitation to be carried out in the most efficient and cost
effective manner, that such private entity has agreed to pay at least
one million dollars toward the cost of the work, that such payment
represents not less than fifty percent of the total cost of the work,
and that the authority has complied with the procedures provided in
paragraph (b) of this subdivision. Notwithstanding the foregoing, a
contract for all or a portion of work involving the alteration,
expansion or rehabilitation of the passenger station located at the
western terminus of the forty-second street shuttle may be awarded by
the authority, by negotiation without competitive bidding, to a private
entity or the designee of a private entity where the authority by vote
of not less than eleven of its members approves written findings that
such award is expected to permit the alteration, expansion or
rehabilitation to be carried out in the most efficient and cost
effective manner, and that the authority has complied with the
procedures provided in paragraph (b) of this subdivision.
(b) Not less than fifteen days prior to the consideration by the board
of the authority of a contract to be let pursuant to this subdivision, a
notice shall be published in at least one newspaper of general
circulation. Such notice shall identify the parties to the proposed
contract and summarize its terms and conditions. Such notice shall also
invite written public comment concerning the proposed contract,
including, to the extent appropriate, the submission of alternatives for
the authority's consideration. Such information shall be considered by
the board of authority prior to the approval of any contract proposed to
be awarded pursuant to this subdivision.
(c) Any contract entered into pursuant to this subdivision shall
comply with the requirements of subdivision thirteen of section twelve
hundred sixty-six-c of this article.
6. The provisions of subdivisions one, two, three and four of this
section shall not be applicable to any procurement by the authority
commenced during the period from the effective date of this subdivision
until December thirty-first, nineteen hundred ninety-one or during the
period from December sixteenth, nineteen hundred ninety-three until June
thirtieth, two thousand eight; and the provisions of subdivisions seven,
eight, nine, ten, eleven, twelve and thirteen of this section shall only
apply to procurements by the authority commenced during such periods.
The provisions of such subdivisions one, two, three and four shall apply
to procurements by the authority commenced during the period from
December thirty-first, nineteen hundred ninety-one until December
sixteenth, nineteen hundred ninety-three, and to procurements by the
authority commenced on and after July first, two thousand eight.
Notwithstanding the foregoing, the provisions of such subdivisions one,
two, three and four shall apply to (i) the award of any contract of the
authority if the bid documents for such contract so provide and such bid
documents are issued within sixty days of the effective date of this
subdivision or within sixty days of December sixteenth, nineteen hundred
ninety-three, or (ii) for a period of one hundred eighty days after the
effective date of this subdivision, or for a period of one hundred
eighty days after December sixteenth, nineteen hundred ninety-three, the
award of any contract for which an invitation to bid, solicitation,
request for proposal, or any similar document has been issued by the
authority prior to the effective date of this subdivision or during the
period from January first, nineteen hundred ninety-two until December
fifteenth, nineteen hundred ninety-three.
7. (a) Except as otherwise provided in this section, all purchase
contracts for supplies, materials or equipment involving an estimated
expenditure in excess of fifteen thousand dollars and all contracts for
public work involving an estimated expenditure in excess of twenty-five
thousand dollars shall be awarded by the authority to the lowest
responsible bidder after obtaining sealed bids in the manner hereinafter
set forth. The aforesaid shall not apply to contracts for personal,
architectural, engineering or other professional services. The authority
may reject all bids and obtain new bids in the manner provided by this
section when it is deemed in the public interest to do so or, in cases
where two or more responsible bidders submit identical bids which are
the lowest bids, award the contract to any of such bidders or obtain new
bids from such bidders. Nothing herein shall obligate the authority to
seek new bids after the rejection of bids or after cancellation of an
invitation to bid. Nothing in this section shall prohibit the evaluation
of bids on the basis of costs or savings including life cycle costs of
the item to be purchased, discounts, and inspection services so long as
the invitation to bid reasonably sets forth the criteria to be used in
evaluating such costs or savings. Life cycle costs may include but shall
not be limited to costs or savings associated with installation, energy
use, maintenance, operation and salvage or disposal.
(b) Section twenty-eight hundred seventy-nine of this chapter shall
apply to the authority's acquisition of goods or services of any kind,
in the actual or estimated amount of fifteen thousand dollars or more,
provided that a contract for personal services in the actual or
estimated amount of less than twenty thousand dollars shall not require
approval by the board of the authority regardless of the length of the
period over which the services are rendered, and provided further that a
contract for personal services in the actual or estimated amount of
twenty thousand dollars or more shall require approval by the board of
the authority regardless of the length of the period over which the
services are rendered.
8. (a) Advertisement for bids, when required by this section, shall be
published at least once in a newspaper of general circulation in the
area served by the authority and in the procurement opportunities
newsletter published pursuant to article four-C of the economic
development law provided that, notwithstanding the provisions of article
four-C of the economic development law, an advertisement shall only be
required when required by this section. Publication in a newspaper of
general circulation in the area served or in the procurement
opportunities newsletter shall not be required if bids for contracts for
supplies, materials or equipment are of a type regularly purchased by
the authority and are to be solicited from a list of potential
suppliers, if such list is or has been developed consistent with the
provisions of subdivision eleven of this section. Any such advertisement
shall contain a statement of: (i) the time and place where bids received
pursuant to any notice requesting sealed bids will be publicly opened
and read; (ii) the name of the contracting agency; (iii) the contract
identification number; (iv) a brief description of the public work,
supplies, materials, or equipment sought, the location where work is to
be performed, goods are to be delivered or services provided and the
contract term; (v) the address where bids or proposals are to be
submitted; (vi) the date when bids or proposals are due; (vii) a
description of any eligibility or qualification requirement or
preference; (viii) a statement as to whether the contract requirements
may be fulfilled by a subcontracting, joint venture, or co-production
arrangement; (ix) any other information deemed useful to potential
contractors; and (x) the name, address, and telephone number of the
person to be contacted for additional information. At least fifteen
business days shall elapse between the first publication of such
advertisement or the solicitation of bids, as the case may be, and the
date of opening and reading of bids.
(b) The authority may designate any officer or employee to open the
bids at the time and place bids are to be opened and may designate an
officer to award the contract to the lowest responsible bidder. Such
designee shall make a record of all bids in such form and detail as the
authority shall prescribe. All bids received shall be publicly opened
and read at the time and place specified in the advertisement or
specified at the time of solicitation, or to which the opening and
reading have been adjourned by the authority. All bidders shall be
notified of the time and place of any such adjournment.
9. Notwithstanding the foregoing, the authority may, by resolution
approved by a two-thirds vote of its members then in office or by a
majority vote of its members with respect to contracts proposed to be
let pursuant to paragraph (a) of this subdivision, declare that
competitive bidding is impractical or inappropriate because of the
existence of any of the circumstances hereinafter set forth and
thereafter the authority may proceed to award contracts without
complying with the requirements of subdivision seven or eight of this
section. In each case where the authority declares competitive bidding
impractical or inappropriate, it shall state the reason therefor in
writing and summarize any negotiations that have been conducted. Except
for contracts awarded pursuant to paragraphs (a), (b), (c) and (e) of
this subdivision, the authority shall not award any contract pursuant to
this subdivision earlier than thirty days from the date on which the
authority declares that competitive bidding is impractical or
inappropriate. Competitive bidding may only be declared impractical or
inappropriate where: (a) the existence of an emergency involving danger
to life, safety or property requires immediate action and cannot await
competitive bidding or the item to be purchased is essential to
efficient operation or the adequate provision of service and as a
consequence of an unforeseen circumstance such purchase cannot await
competitive bidding;
(b) the item to be purchased is available only from a single
responsible source, provided that if bids have not been solicited for
such item pursuant to subdivision seven of this section within the
preceding twelve months, public notice shall first be given pursuant to
subdivision eight of this section;
(c) the authority receives no responsive bids or only a single
responsive bid in response to an invitation for competitive bids;
(d) the authority wishes to experiment with or test a product or
technology or new source for such product or technology or evaluate the
service or reliability of such product or technology;
(e) the item is available through an existing contract between a
vendor and (i) another public authority provided that such other
authority utilized a process of competitive bidding or a process of
competitive requests for proposals to award such contract or (ii) the
state of New York or the city of New York, provided that in any case
when the authority under this paragraph determines that obtaining such
item thereby would be in the public interest and sets forth the reasons
for such determination. The authority shall accept sole responsibility
for any payment due the vendor as a result of the authority's order; or
(f) the authority determines that it is in the public interest to
award contracts pursuant to a process for competitive request for
proposals as hereinafter set forth. For purposes of this section, a
process for competitive request for proposals shall mean a method of
soliciting proposals and awarding a contract on the basis of a formal
evaluation of the characteristics, such as quality, cost, delivery
schedule and financing of such proposals against stated selection
criteria. Public notice of the requests for proposals shall be given in
the same manner as provided in subdivision eight of this section and
shall include the selection criteria. In the event the authority makes a
material change in the selection criteria from those previously stated
in the notice, it will inform all proposers of such change and permit
proposers to modify their proposals.
(i) The authority may award a contract pursuant to this paragraph only
after a resolution approved by a two-thirds vote of its members then in
office at a public meeting of the authority with such resolution (A)
disclosing the other proposers and the substance of their proposals, (B)
summarizing the negotiation process including the opportunities, if any,
available to proposers to present and modify their proposals, and (C)
setting forth the criteria upon which the selection was made.
(ii) Nothing in this paragraph shall require or preclude (A)
negotiations with any proposers following the receipt of responses to
the request for proposals, or (B) the rejection of any or all proposals
at any time. Upon the rejection of all proposals, the authority may
solicit new proposals or bids in any manner prescribed in this section.
(g) the authority issues a competitive request for proposals pursuant
to the procedures of paragraph (f) of this subdivision for the purchase
or rehabilitation of rapid transit cars and omnibuses. Any such request
may include among the stated selection criteria the performance of all
or a portion of the contract at sites within the state of New York or
the use of goods produced or services provided within the state of New
York, provided however that in no event shall the authority award a
contract to a manufacturer whose final offer, as expressed in unit cost
is more than ten percent higher than the unit cost of any qualified
competing final offer, if the sole basis for such award is that the
higher priced offer includes more favorable provision for the
performance of the contract within the state of New York or the use of
goods produced or services provided within the state of New York, and
further provided that the authority's discretion to award a contract to
any manufacturer shall not be so limited if a basis for such award, as
determined by the authority, is superior financing, delivery schedule,
life cycle, reliability, or any other factor the authority deems
relevant to its operations.
(i) The authority may award a contract pursuant to this paragraph only
after a resolution approved by a vote of not less than two-thirds of its
members then in office at a public meeting of the authority with such
resolution (A) disclosing the other proposers and the substance of their
proposals, (B) summarizing the negotiation process including the
opportunities, if any, available to proposers to present and modify
their proposals, and (C) setting forth the criteria upon which the
selection was made.
(ii) Nothing in this paragraph shall require or preclude (A)
negotiations with any proposers following the receipt of responses to
the request for proposals, or (B) the rejection of any or all proposals
at any time. Upon the rejection of all proposals, the authority may
solicit new proposals or bids in any manner prescribed in this section.
10. Upon the adoption of a resolution by the authority stating, for
reasons of efficiency, economy, compatibility or maintenance
reliability, that there is a need for standardization, the authority may
establish procedures whereby particular supplies, materials or equipment
are identified on a qualified products list. Such procedures shall
provide for products or vendors to be added to or deleted from such list
and shall include provisions for public advertisement of the manner in
which such lists are compiled. The authority shall review such list no
less than twice a year for the purpose of making modifications thereto.
Contracts for particular supplies, materials or equipment identified on
a qualified products list may be awarded by the authority to the lowest
responsible bidder after obtaining sealed bids in accordance with this
section or without competitive sealed bids in instances when the item is
available from only a single source, except that the authority may
dispense with advertising provided that it mails copies of the
invitation to bid to all vendors of the particular item on the qualified
products list.
11. The authority shall compile a list of potential sources of
supplies, materials or equipment regularly purchased. The authority
shall, by resolution, set forth the procedures it has established to
identify new sources and to notify such new sources of the opportunity
to bid for contracts for the purchase of supplies, materials or
equipment. Such procedures shall include, but not be limited to: (a)
advertising in trade journals; (b) cooperation with federal, state and
local agencies within its area of operations; (c) publication in the
state register quarterly; and (d) procedures established pursuant to
subdivision thirteen of section twelve hundred sixty-six-c of this
article.
12. The provisions of this section shall not supersede any other
provisions of law relative to purchases of products or devices
manufactured or provided by the blind or other severely handicapped
persons, to the invitation and acceptance of bids from small or minority
business enterprises or to the purchases of supplies, materials or
equipment through the office of general services. Except as may
otherwise be provided by law or as more restrictively defined in the
official policy or bid specifications of the authority, the term "small
business" means a small business or similar term, under federal
regulations applicable to projects of the authority which are federally
assisted.
13. The provisions of this section shall not apply to any procurement
made by any other public entity not otherwise required by law to award
contracts for such purchases to the lowest responsible bidder if such
purchases are made at the sole cost and expense of such entity.
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