Requires the Metropolitan Transportation Authority to hold a public hearing prior to awarding a non-emergency sole source contract without competitive bidding thereon; provides requirements for notice of such hearing; provides that the public shall be heard with respect to such contract; requires the awarding resolution to state reasons therefor; makes an exception for contracts for personal or professional services.
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.
STATE OF NEW YORK ________________________________________________________________________ 1770 2011-2012 Regular Sessions IN 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