108. Notwithstanding any inconsistent provision of a general law or special Act, a transit authority and any municipality or other supramunicipal body whose territory includes the area of jurisdiction of the transit authority may make a joint public call for tenders for the purpose of awarding an insurance contract, supply contract or contract for the supply of services.
For the purposes of the first paragraph, a supply contract includes a contract for the lease of equipment with an option to purchase.
Subject to the fourth paragraph, the rules governing the awarding of contracts by the transit authority apply to any contract awarded following a joint public call for tenders under the first paragraph. The total amount of the expenditures incurred by all the parties under the contract must be taken into consideration when applying those rules.
To the extent that the terms of any intergovernmental agreement on the opening of public procurement applicable to the transit authority are observed, the Minister of Municipal Affairs, Regions and Land Occupancy may exercise the power conferred by section 103 in relation to a contract referred to in the third paragraph.
Acceptance of a tender referred to in this section also binds, as regards the successful tenderer, each party to the call for tenders.
2001, c. 23, s. 108; 2006, c. 60, s. 118; 2009, c. 26, s. 109; 2018, c. 8, s. 22911.