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1998 Ops. St. Comp. 1 (1998)

handle is hein.nyscompop/nyscomo1998 and id is 1 raw text is: Opinion 98 - 1 Opinion 98- 1 This opinion represents the views of the Office of the State Comptroller at the time it was rendered. The opinion may no longer represent those views if, among other things, there have been subsequent court cases or statutory amendments that bear on the issues discussed in the opinion. COUNTIES -- Powers and Duties (contract with public authority for transportation services for Medicaid clients) PUBLIC CONTRACTS -- Contracts Not Requiring Bidding (contract with a public authority for transportation of Medicaid clients) GENERAL MUNICIPAL LAW, §§99-r, 103; SOCIAL SERVICE LAW, §365-a: Pursuant to General Municipal Law, §99-r, a county, by direct negotiation and without competitive bidding, may contract with a public authority for transportation services, which the county provides pursuant to the Social Services Law and regulations, for Medicaid clients. This is in reply to your letter concerning a proposal in connection with the provision of transportation services for Medicaid clients, as provided for by Social Services Law, §365-a and 18 NYCRR §505.10. Under the proposal, a county would contract with a regional transportation authority (authority) which would act as transportation coordinator and, whenever possible, provide fixed-route transportation on its fleet of buses. Where appropriate, the authority would combine fixed-route transportation with subcontracted taxi or wheelchair transportation. You ask whether the county may enter into such a contract without competitive bidding, pursuant to the authority set forth in General Municipal Law, §99-r. For purposes of this opinion, we will assume that the authority is authorized to provide such a contracted service as part of its corporate powers and that the proposal is permissible under the above-cited social services statute and regulations. General Municipal Law, §103 states that, except as otherwise expressly provided by act of the Legislature or by local law adopted prior to September 1, 1953, all contracts for public work of a political subdivision involving an expenditure in excess of $20,000 and all purchase contracts of a political subdivision involving an expenditure in excess of $10,000 must be awarded pursuant to the competitive bidding requirements set forth in that section. This Office has expressed the opinion that, generally, contracts for transportation services are subject to the competitive bidding requirements of section 103 (see, e.g., 33 Opns St Comp, 1977, p 164; 1974 Opns St Comp No. 73-1189, unreported; 23 Opns St Comp, 1967, p 654; 21 Opns St Comp, 1966, p 745; cf. 22 Opns St Comp, 1966, p 228; Amherst v Gross, 80 AD2d 719, 437 NYS2d 137, holding that ambulance services fall within the professional services exception to competitive bidding). Section 99-r of the General Municipal Law provides as follows: Notwithstanding any other provisions of law to the contrary, the governing board of any municipal corporation may enter into agreements and/or contracts with any state agency including any department, board, bureau, commission, division, office, council, committee, or officer of the state, whether permanent or temporary, or a public benefit corooration or public authority, and any unit of the state university of New York, pursuant to and consistent with sections three hundred fifty-five and sixty-three hundred one of the education law within or without such municipal corporation to provide water supply, street sweeping or maintenance, sidewalk maintenance, drainage, sewage disposal or any other services of aovernment not regularlv Drovided to the public as a part of aeneral government services. Such state agency or unit of the state university of New York, within the limits of any specific statutory appropriation authorized and made available therefor by the legislature or by the governing body responsible for the operation of such state agency or unit of the state university of New York may contract with any municipal corporation for such services as herein provided. Any such contract may be entered into by direct negotiations and shall not be subiect to the Drovisions of section one hundred three of this chapter. (Emphasis added). Opinion 98 - 1

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