Budget Amendment ID: FY2016-S3-202

TRP 202

MBTA Procurement

Messrs. Tarr, Ross, deMacedo and Humason moved that the proposed new text be amended by inserting after section _ the following new section:-

"SECTION __. (a) Notwithstanding any general or special law to the contrary, for a period beginning on July 1, 2015, and ending on July 1, 2020, the following procedures shall apply to the procurement of goods and services by the Massachusetts Bay Transportation Authority:

(1) Contracts executed by or on behalf of the Massachusetts Bay Transportation Authority shall not be subject to sections 52 to 55, inclusive, of chapter 7 of the General Laws; provided, that the secretary of transportation, or the secretary’s designee, shall consult on and approve all service contracts necessary to support the activities of the Massachusetts Bay Transportation Authority that are executed during this period.  A subsequent agreement, including an agreement resulting from a rebidding of a service contract or an agreement renewing or extending a service contract originally executed during this period shall not be considered a privatization contract pursuant to section 53 of said chapter 7;

(2) In order to provide additional procurement flexibility, the Massachusetts Bay Transportation Authority shall be considered an exempt agency for the purposes of subsection (d) of section 4 of chapter 149A of the General Laws and shall submit its procedures for procurement and use of construction management and at risk services to the internal special audit unit established pursuant to section 9 of chapter 6C of the General Laws for review and approval.  The authority, after its procedures are approved, shall procure a construction management at risk firm in accordance with section 5 of said chapter 149A; and

(3) The Massachusetts Bay Transportation Authority shall be considered an exempt agency for the purposes of subsection (d) of section 16 of said chapter 149A and shall submit its procedures for procurement and use of design build to the internal special audit unit established pursuant to section 9 of chapter 6C of the General Laws for review and approval.  The authority, after its procedures are approved, shall procure a design build entity in accordance with sections 17 to 19, inclusive of said chapter 149A.

(b) The Massachusetts Bay Transportation Authority, in conjunction with the Massachusetts Department of Transportation, shall submit, on or before September 1, an annual report detailing the number of service contracts and procurement contracts executed pursuant to this section.  The report shall include, but not be limited to, the project or service contracted for, the term of  the contract, the projected savings and any realized savings.  The report shall be filed with the clerks of the house of representatives and the senate who shall forward the same to the house and senate committees on ways and means and the joint committee on transportation."