PRIOR PRINTER'S NO. 1593 PRINTER'S NO. 1902
No. 1372 Session of 1989
INTRODUCED BY WAMBACH, HARPER, ANGSTADT, R. C. WRIGHT, TRELLO,
VAN HORNE AND LASHINGER, MAY 1, 1989
AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 31, 1989
AN ACT
1 Amending the act of June 5, 1947 (P.L.458, No.208), entitled, as
2 amended, "An act creating as bodies corporate and politic
3 'Parking Authorities' in cities of the first, second, second
4 A and third classes, boroughs, and townships of the first
5 class; prescribing the rights, powers and duties of such
6 authorities; authorizing such authorities to acquire,
7 construct, improve, maintain and operate parking projects, to
8 conduct research of the parking problem, to supervise,
9 operate and administer an efficient coordinated system of on-
10 street parking regulation where so authorized by municipal
11 ordinance or resolution, to establish a permanent coordinated
12 system of off-street parking facilities, and to borrow money
13 and issue bonds for such facilities therefor; providing for
14 the payment of such bonds and prescribing the rights of the
15 holders thereof; conferring the right of eminent domain on
16 such authorities; empowering such authorities to enter into
17 contracts with, and to accept grants from, the Federal
18 Government, State, political subdivisions of the State or any
19 agency thereof; exempting the property and securities of such
20 parking authorities from taxation and conferring exclusive
21 jurisdiction on certain courts over rates for their
22 facilities," increasing the maximum amount for which an
23 authority may contract or purchase without bids; AND <--
24 PROHIBITING EVASION OF THE REQUIREMENT TO ADVERTISE FOR BIDS.
25 The General Assembly of the Commonwealth of Pennsylvania
26 hereby enacts as follows:
27 Section 1. Section 11(a) and (b) of the act of June 5, 1947
28 (P.L.458, No.208), known as the Parking Authority Law, amended
1 February 5, 1982 (P.L.15, No.7), are amended AND THE SECTION IS <--
2 AMENDED BY ADDING A SUBSECTION to read:
3 Section 11. Competition in Award of Contracts.--(a) All
4 construction, reconstruction, repairs or work of any nature made
5 by any Authority, where the entire cost, value or amount of such
6 construction, reconstruction, repairs or work including labor
7 and materials, shall exceed [four thousand dollars ($4,000)] ten
8 thousand dollars ($10,000), except reconstruction, repairs or
9 work done by employes of said Authority, or by labor supplied
10 under agreement with any Federal or State agency with supplies
11 and materials purchased as hereinafter provided, shall be done
12 only under contract or contracts to be entered into by the
13 Authority with the lowest responsible bidder, upon proper terms,
14 after due public notice has been given, asking for competitive
15 bids as hereinafter provided. No contract shall be entered into
16 for construction or improvement or repair of any project, or
17 portion thereof, unless the contractor shall give an undertaking
18 with a sufficient surety or sureties, approved by the Authority,
19 and in an amount fixed by the Authority for the faithful
20 performance of the contract. All such contracts shall provide,
21 among other things, that the person or corporation entering into
22 such contract with the Authority will pay for all materials
23 furnished and services rendered for the performance of the
24 contract, and that any person or corporation furnishing such
25 materials or rendering such services may maintain an action to
26 recover for the same against the obligor in the undertaking, as
27 though such person or corporation was named therein, provided
28 the action is brought within one year after the time the cause
29 of action accrued. Nothing in this section shall be construed to
30 limit the power of the Authority to construct, repair or improve
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1 any project or portion thereof, or any addition, betterment or
2 extension thereto directed by the officers, agents and employes
3 of the Authority or otherwise than by contract.
4 (b) All supplies and materials costing [four thousand
5 dollars ($4,000)] ten thousand dollars ($10,000) or more shall
6 be purchased only after due advertisement as hereinafter
7 provided. Authority shall accept the lowest bid or bids, kind,
8 quality and material being equal, but the Authority shall have
9 the right to reject any or all bids or select a single item from
10 any bid. The provisions as to bidding shall not apply to the
11 purchase of patented and manufactured products offered for sale
12 in a noncompetitive market, or solely by a manufacturer's
13 authorized dealer.
14 (B.1) AN AUTHORITY SHALL NOT EVADE THE PROVISIONS OF <--
15 SUBSECTION (A) OR (B) AS TO ADVERTISING FOR BIDS BY PURCHASING
16 MATERIALS OR CONTRACTING FOR SERVICES PIECEMEAL FOR THE PURPOSE
17 OF OBTAINING PRICES UNDER TEN THOUSAND DOLLARS ($10,000) UPON
18 TRANSACTIONS WHICH SHOULD, IN THE EXERCISE OF REASONABLE
19 DISCRETION AND PRUDENCE, BE CONDUCTED AS ONE TRANSACTION
20 AMOUNTING TO MORE THAN TEN THOUSAND DOLLARS ($10,000). THIS
21 PROVISION IS INTENDED TO MAKE UNLAWFUL THE PRACTICE OF EVADING
22 ADVERTISING REQUIREMENTS BY MAKING A SERIES OF PURCHASES OR
23 CONTRACTS, EACH FOR LESS THAN THE ADVERTISING REQUIREMENT PRICE,
24 OR BY MAKING SEVERAL SIMULTANEOUS PURCHASES OR CONTRACTS, EACH
25 BELOW SAID PRICE, WHEN, IN EITHER CASE, THE TRANSACTIONS
26 INVOLVED SHOULD HAVE BEEN MADE AS ONE TRANSACTION FOR ONE PRICE.
27 * * *
28 Section 2. This act shall take effect in 60 days.
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