senate Bill S1543

2013-2014 Legislative Session

Requires the metropolitan transportation authority to hold a public hearing prior to awarding a sole source contract without competitive bidding thereon

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to transportation
Jan 09, 2013 referred to transportation

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S1543 - Bill Details

Current Committee:
Law Section:
Public Authorities Law
Laws Affected:
Add §1265-c, Pub Auth L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1770
2009-2010: S5056

S1543 - Bill Texts

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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.

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BILL NUMBER:S1543

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-c
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.1770 (2011-12) Referred to
Transportation 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.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1543

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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.
                                                           LBD04226-01-3

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