(a) The chief executive officer shall be responsible for ensuring the MTA has an independent professional procurement staff. The chief executive officer and designated procurement staff shall be responsible for conducting an independent, autonomous procurement process in accordance with state and federal law.
(b) Board members shall use objective judgment in voting on a procurement award and base their decision on the criteria established in the procurement documents.
(c) Board members or their staff shall not attempt to influence contract awards.
(d) During any procurement process, board members or their staff shall not communicate with MTA staff regarding the procurement.
(e) Before the staff recommendation for an award is made public, board members or their staff shall communicate only with the chief executive officer or his or her designee regarding the procurement. The chief executive officer shall keep a log of those communications and shall report those communications and responses in writing at the board meeting where action on the procurement is scheduled.
(f) Board members or their staff shall not attempt to obtain information about the recommendation of the award of a contract until the recommendation is made public.
(g) Board members shall not release information about the procurement to the public until the award recommendation is made public.
(h) If a board member attempts to communicate with MTA staff to influence the recommended award, this communication shall be reported by staff to the inspector general.
(Amended by Stats. 2009, Ch. 140, Sec. 168. (AB 1164) Effective January 1, 2010.)
Last modified: October 25, 2018