S1770-2011 Actions

• Jan 4, 2012: REFERRED TO TRANSPORTATION
• Jan 12, 2011: REFERRED TO TRANSPORTATION

S1770-2011 Memo

BILL NUMBER:S1770

TITLE OF BILL:
An act
to amend the public authorities
law, in relation to requiring the metropolitan transportation authority
to hold a public hearing prior to the awarding of a sole source contract

PURPOSE OR GENERAL IDEA OF BILL:
This amendment requires the New York city transit authority to hold a
public hearing prior to awarding a sole source contract without
competitive bidding thereon.

SUMMARY OF SPECIFIC PROVISIONS:
This bill would amend Section 1265-b of the public authorities law.

JUSTIFICATION:
New York State law regarding competitive bidding procedures by the
Metropolitan Transportation Authority (MTA) for Metro-Card Automated
Vending Machines (AVMS).

The MTA never entertained competitive bids for the 500 AVMS ordered
from Cubic in 1993 or in 1996 when the order was doubled to 1,000 AVMS.
These are two possible violations of the New York State public
Authorities Law governing competitive bidding procedures. The MTA
then approved a $5 million contract with Cubic's partner, Electronic
Data systems (EDS) , to oversee Cubic's performance.

It is fiscally prudent for the MTA to participate in competitive
bidding procedures, especially where sole source contracts are
awarded. Lack of such participation raises serious questions among
the tax-payers of New York. A public hearing would grant the public
an opportunity to be better informed of such contracts and give them
an opportunity to express their opinions on the matter.

PRIOR LEGISLATIVE HISTORY:
S.5056 (2009-10) Referred to Transportation; Finance
A.4712 (2007-08) Referred to Corporations, Authorities and Commissions
A.9665 (2005-06) Referred to Corporations, Authorities and Commissions
A.5854 (2003-04) Referred to Corporations, Authorities and Commissions
A.5303 (2001-02) Referred to Corporations, Authorities and Commissions

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after it shall have
become a law.

S1770-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         1770
 2011-2012 Regular Sessions
 I N  SENATE
 January 12, 2011
 
 Introduced  by  Sens.  PERKINS, DILAN -- read twice and ordered printed,
 and when printed to be committed to the Committee on Transportation
 

AN ACT to amend the public authorities law, in relation to requiring the
 metropolitan transportation authority to hold a public  hearing  prior
 to the awarding of a sole source contract
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. The public authorities law  is  amended  by  adding  a  new
 section 1265-c to read as follows:

 

S  1265-C.  SOLE  SOURCE  CONTRACTS.  NOTWITHSTANDING ANY INCONSISTENT
 PROVISIONS OF THIS CHAPTER, EXCEPT WHEN THERE IS AN EMERGENCY  INVOLVING
 DANGER  TO LIFE OR PROPERTY, THE AUTHORITY SHALL NOT AWARD A SOLE SOURCE
 CONTRACT WITHOUT COMPETITIVE BIDDING THEREON UNTIL IT SHALL HAVE HELD  A
 PUBLIC HEARING ON THE AWARD OF SUCH CONTRACT PRIOR TO THE MAKING OF SUCH
 AWARD.  NOTICE  OF  SUCH HEARING SHALL BE PUBLISHED PRIOR THERETO ONCE A
 WEEK FOR TWO SUCCESSIVE WEEKS IN TWO OF THE DAILY  NEWSPAPERS  PUBLISHED
 IN  THE CITY AND IN THE CITY RECORDS. PUBLIC COMMENT SHALL BE HEARD WITH
 RESPECT TO SUCH PROPOSED  AWARD  OF  CONTRACT.  ANY  RESOLUTION  OF  THE
 AUTHORITY  AWARDING  SUCH  A  SOLE  SOURCE  CONTRACT WITHOUT COMPETITIVE
 BIDDING SHALL BE ADOPTED ONLY AFTER SUCH HEARING  AND  SHALL  STATE  THE
 REASONS  THEREFOR.  THE  PROVISIONS  OF  THIS SECTION SHALL NOT APPLY TO
 CONTRACTS FOR PERSONAL, ARCHITECTURAL,  ENGINEERING,  OR  OTHER  PROFES
 SIONAL SERVICES.
 

S  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06743-01-1

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