Amended by Stats. 2024, Ch. 755, Sec. 21. (AB 3123) Effective January 1, 2025.
(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 unless authorized by this chapter, MTA’s administrative code, or MTA procurement policies.
(e)Before the staff recommendation for an award is made public, board members or their staff may communicate with the chief executive officer or the designee of the chief executive officer regarding the procurement, subject to limitations in this chapter, MTA’s administrative code, and MTA procurement policies. Board members and their staff may also communicate with the ethics officer for advice on compliance with this section.
(f)Board members or their staff shall not attempt to obtain or release information about the recommendation of the award of a contract until the recommendation is made public.
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