This рetition for a writ of mandamus brings to us the question whether, under the statute creating the respondent Authority, it is required to advertise for competitive bids in purchаsing an existing vessel. St. 1960, c. 701, § 15, as amended by St. 1964, c. 278.
The petition alleges the following facts. The petitioners are residents and citizens of Dukes County. The Authority is a public instrumentality and body corporate created by St. 1960, c. 701. About February 16,1973, it purchased and paid $435,000 for a freighter capable of transporting motor vehicles. The vessel was located in Louisiana, and the Authority proposed to expend further funds to transport the vessel to Massаchusetts. The Authority did not comply with the competitive bidding requirements of the statute creating it, governing its purchases of equipment. Dukes County is obligated to meet fifty per cent of any annual deficit incurred by the Authority. § 9. The obligation is levied on county taxpayers through levies on the towns in the county, and the pеtitioners, along with other county residents, would share in any resulting burden. The peti
In the Superior Court interlocutory relief was dеnied, a demurrer was sustained, and an order for judgment was entered. The petitioners appealed from the interlocutory order sustaining the demurrer аnd from the order for judgment. A motion for injunction pending appeal was denied.
1. The petitioners’ allegations are insufficient to allege an interеst apart from that of the public generally and hence to show standing to maintain a bill in equity for injunctive and declaratory relief. Nantucket Boat, Inc. v. Woods Hole, Martha’s Vineyard & Nantucket S.S. Authy.
2. Thе competitive bidding statute (see fn. 1) applies to contracts “for construction work or for the purchase of equipment, supplies or matеrials, whether for repairs or original construction,” unless the estimated cost is less than $1,000 or there is a special emergency. Its language is similar "to that of G. L. c. 40, § 4B, applicable to most cities and towns but omitting the phrase, “whether for repairs or original construction,” and G. L. c. 43, § 28, applicable to certain cities. We pass without deciding the question, disputed by the parties, whether the phrase omitted in the c. 40 provision serves to limit or merely to clarify the other statutes.
In our opinion the statute creating the Authority uses the word “vessel” in such a way as to show that vessels are not included in “equipment.” “Vessels” and “equipment” are referred to as distinct items at four places in the statute.
Our reading makes the enactment, considered as a whole, a consistent and harmonious statutory provision capable of effectuating the presumed intention of the Legislature. Commonwealth v. Woods Hole, Martha’s Vineyard & Nantucket S.S. Authy.
The details of the statute confirm our reading: they require “plans and specifications of proposed work or supplies,” аward to the “lowest responsible and eligible bidder,” and two publications in successive weeks “in at least one newspaper published in each оf the towns of Falmouth and Nantucket and the county of Dukes County,” and allow a minimum of one week after the last publication before the bid opening. Plans and specifications for an existing vessel are unlikely to produce useful competition. The low bidder on such specifications may well not suрply the most suitable vessel. The statute (§ 5) requires a license or permit from the Authority for operation of a vessel of more than 100 gross tons for the сarriage of passengers, vehicles or freight for hire in the local area. Hence suitable vessels seem more likely to be found
Order sustaining demurrer affirmed.
Order for judgment affirmed with costs of appeal.
Notes
Section 15 reads: “No contract shall be awarded by the Authority for construction work or for the purchase of equipment, supplies or materials, whether for repairs or original construction, the estimated cost of which amounts to one thousand dollars or more, except in cases of special emergency involving the health, convenience or safety of the people using the facilities of the Authority, unless proposals for the same have been invited by advertisements in at least one newspaper published in each of the towns of Falmouth and Nantucket аnd the county of Dukes County once a week for at least two consecutive weeks, the last publication to be at least one week before the time specified for the opening of said proposals. Such advertisements shall state the time and place where the plans and specifications of proposed work or supplies may be had and the time and place for opening the proposals in answer to said advertisements.”
Section 1 empowers the Authority to purchase “necessary vessels, docks, wharves, other vessels, equipment, furniture and supplies.”
Section 5 authorizes issuance of refunding bonds for the purpose of purchasing “additional vessels or equipment.”
Section 8 forbids conveyance оr mortgage, to secure bonds, of “vessels, equipment or property.”
Section 9A, inserted by St. 1964, c. 563, § 17, provides for debt service on bonds issued in respect to “any vessels, equipment or facility” for mass transportation purposes.