Outside Section 196
Data Current as of: 8/19/2015
(a) Notwithstanding any general or special law to the contrary, for a period beginning on July 1, 2015 and ending on July 1, 2018 contracts for the procurement of goods and services 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, however, that the secretary of transportation or a 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.
(b) The Massachusetts Bay Transportation Authority, in conjunction with the Massachusetts Department of Transportation, shall submit an annual report on or before September 1 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.
(c) The office of inspector general shall perform a review and analysis of all contracts performed pursuant to subsection (a). The Massachusetts Bay Transportation Authority shall provide the inspector general with all requests for proposals and a copy of any contracts entered into pursuant to said subsection (a). The analysis shall include, but need not be limited to, a review of: (i) the competitiveness and fairness of the procurement process resulting in the contract; (ii) the quality of the services provided by the contract; (iii) the expected and actual cost of the contract; and (iv) an analysis of whether the cost of the contract exceeded the benefits derived from the contract. The office of inspector general shall issue a report of the review and analysis of contracts performed pursuant to subsection (a) not later than 90 days after complete performance of such a contract. The report shall be filed with the clerks of the house of representatives and the senate, the house and senate committees on ways and means, and the joint committee on transportation. The office of the inspector general shall make said reports available on its website.