GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

H	1 

HOUSE BILL 1493*

Short Title:  Transit Authy Purchasing Option.	(Public)

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Sponsors: Representative Miner.

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Referred to:  Transportation, if favorable, Judiciary I.

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May 25, 1998

A BILL TO BE ENTITLED
AN ACT TO PROVIDE AN ALTERNATIVE PROCUREMENT BY COMPETITIVE PROPOSAL PROCEDURE FOR THE PURCHASE OF APPARATUS, SUPPLIES, MATERIALS, OR EQUIPMENT BY A REGIONAL PUBLIC TRANSPORTATION AUTHORITY OR A REGIONAL TRANSPORTATION AUTHORITY.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 143-129 is amended by adding a new subsection to read:
"( h)	Notwithstanding any other provision of law, any board or governing body of any regional public transportation authority, hereafter referred to as a "RPTA,”created pursuant to Article 26 of Chapter 160A of the General Statutes or a regional transportation authority, hereafter referred to as a "RTA,”created pursuant to Article 27 of Chapter 160A of the General Statutes may approve the entering into any contract for the purchase, lease, or other acquisition of any apparatus, supplies, materials, or equipment without competitive bidding and without meeting the requirements of subsection (b) of this section if the following procurement by competitive proposal (Request for Proposal) method, outlined in the United States Department of Transportation, Federal Transit Administration, Circular FTA C 4220.1D (April 15, 1996) is followed.
The competitive proposal method of procurement is normally conducted with more than one source submitting an offer or proposal.  Either a fixed price or cost reimbursement type contract is awarded.  This method of procurement is generally used when conditions are not appropriate for the use of sealed bids.  If this procurement method is used, all of the following requirements apply:
(1)	Requests for proposals shall be publicized.  All evaluation factors shall be identified along with their relative importance.
(2)	Proposals shall be solicited from an adequate number of qualified sources.
(3)	RPTAs or RTAs shall have a method in place for conducting technical evaluations of proposals received and selecting awardees.
(4)	Awards shall be made to the responsible firm whose proposal is most advantageous to the RPTA's or the RTA's program with price and other factors considered.
The contents of the proposals shall not be public records until five days before the award of the contract.
The board or governing body of the RPTA or the RTA shall, at the regularly scheduled meeting, by formal motion make findings of fact that the procurement by competitive proposal (Request for Proposals) method of procuring the particular apparatus, supplies, materials, or equipment is the most appropriate acquisition method prior to the issuance of the requests for proposals and shall by formal motion certify that the requirements of this subsection have been followed before approving the contract."
Section 2.  This act is effective when it becomes law.