PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rule making to amend sections 1159.3 and 1159.4 of Title 21 NYCRR.
Statutory authority:
Public Authorities Law, sections 1299-e(5) and 1299-t
Subject:
The NFTA's Procurement Guidelines.
Purpose:
To amend the NFTA's Procurement Guidelines to make technical changes and conform to federal and state law.
Text of proposed rule:
Subdivision (c) of section 1159.3 is repealed, and subdivisions (d) through (an) are renumbered to be subdivisions (c) through (am).
Subsection (1) of subdivision (i) of section 1159.4 is amended to read as follows:
(1) This method is required in procuring architectural, [planning, ]engineering, [testing, survey ]and certain related services [such as program management, design management, construction management, feasibility studies, preliminary engineering, design and mapping ]whenever State or Federal funds will [be ]or may be used. [If t]There [is a question as to whether the proposed procurement should follow the qualifications-based method] are differences between the Federal Aviation Administration and Federal Transit Administration as to what services are required to be procured in this manner, so reference should be made to the most current version of FAA Advisory Circular 150/5100-14D, FTA Advisory Circular 4220.1[E]F, or New York State law for guidance.
Subsection (ii) to subsection (3) of subdivision (n) of section 1159.4 is amended to read as follows:
(ii) At least three written or telephonic quotes must be solicited for purchases equal to or over $[2,500]3,000 and under $15,000. Purchases under $[2,500]3,000 may be made without quotes, if the procurement manager or her designee considers the prices to be fair and reasonable.
Subsection (iv) to subsection (3) of subdivision (n) of section 1159.4 is amended to read as follows:
(iv) In the case of procurements of $[2,500]3,000 or more, if three or more quotations cannot be obtained because there is not a sufficient number of suppliers able to meet the purchase requirements (including timely delivery), such facts shall be set forth in writing.
Subsection (4) of subdivision (s) of section 1159.4 is amended to read as follows:
(4) The files for procurement contracts covered by [Executive Order 127]Section 139-k of the State Finance Law must include the required information regarding persons or organizations retained to attempt to influence the procurement process. Any contracts that reasonably appear to be an attempt to influence the procurement process by persons or organizations other than those identified in the bid or proposal documents shall be recorded as required by [Executive Order 127]Section 139-k of the State Finance Law.
Subsection (5) of subdivision (s) of section 1159.4 is repealed.
Text of proposed rule and any required statements and analyses may be obtained from:
Ruth A. Keating, Niagara Frontier Transportation Authority, 181 Ellicott Street, Buffalo, New York 14203, (715) 855-7398, email: Ruth_Keating@nfta.com
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
The Niagara Frontier Transportation Authority has determined that no person is likely to object to the rule being amended for the following reasons:
1. The major change is to conform the small purchases limit to federal guidelines.
2. The changes are not controversial.
Job Impact Statement
The Niagara Frontier Transportation Authority has determined adoption of the proposed rule will have no impact on jobs or employment opportunities for the following reasons:
1. The subject of the proposed rule is to clarity internal reporting requirements contained in the NFTA's Procurement Guidelines. Changes to the rules will not impact the level of procurements made by the NFTA, and therefore will not impact jobs or employment opportunities.
