PRINTER'S NO. 68
No. 62 Session of 2005
INTRODUCED BY EARLL, THOMPSON, ARMSTRONG, CORMAN, WONDERLING,
ERICKSON, LEMMOND, COSTA, PILEGGI, GORDNER, ORIE AND KITCHEN,
JANUARY 31, 2005
REFERRED TO LOCAL GOVERNMENT, JANUARY 31, 2005
AN ACT
1 Amending Title 62 (Procurement) of the Pennsylvania Consolidated
2 Statutes, further providing for application of part and for
3 definitions; and providing for electronic bidding by local
4 government units.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 3101 of Title 62 of the Pennsylvania
8 Consolidated Statutes is amended to read:
9 § 3101. Application of part.
10 [This] Except for Chapter 46 (relating to electronic bidding
11 by local government units), which applies only to local
12 government units, this part applies to government agencies. In
13 the case of Commonwealth agencies, this part shall be read in
14 pari materia with Part I (relating to Commonwealth Procurement
15 Code).
16 Section 2. Section 3102 of Title 62 is amended by adding a
17 definition to read:
18 § 3102. Definitions.
1 Subject to additional definitions contained in subsequent
2 provisions of this part which are applicable to specific
3 provisions of this part, the following words and phrases when
4 used in this part shall have the meanings given to them in this
5 section unless the context clearly indicates otherwise:
6 * * *
7 "Local government unit." A county, city, borough,
8 incorporated town, township, school district, vocational school
9 district, county institution district, home rule municipality,
10 local authority or any joint or cooperative body of local
11 government units or any instrumentality, authority or
12 corporation which has authority to enter into a contract.
13 Section 3. Title 62 is amended by adding a chapter to read:
14 CHAPTER 46
15 ELECTRONIC BIDDING BY LOCAL GOVERNMENT UNITS
16 Sec.
17 4601. Short title of chapter.
18 4602. Electronic bidding.
19 4603. Competitive electronic auction bidding.
20 § 4601. Short title of chapter.
21 This chapter shall be known and may be cited as the Local
22 Government Unit Electronic Bidding Act.
23 § 4602. Electronic bidding.
24 Notwithstanding any other provision of law concerning the
25 requirements for competitive bidding for purchases and contracts
26 by a local government unit, a local government unit may permit
27 the electronic submission of bids and may receive bids
28 electronically if the local government unit has the electronic
29 capability to maintain the confidentiality of the bid until the
30 bid opening time.
20050S0062B0068 - 2 -
1 § 4603. Competitive electronic auction bidding.
2 (a) Conditions for use.--Notwithstanding any other provision
3 of law concerning the requirements for competitive bidding for
4 purchases and contracts, if a local government unit determines
5 by resolution that use of competitive electronic auction bidding
6 is in the best interests of the local government unit, a
7 contract for supplies or services, but not for construction or
8 design professional services, may be entered into by competitive
9 electronic auction bidding.
10 (b) Invitation for bids.--An invitation for bids shall be
11 issued and shall include a procurement description and all
12 contractual terms, whenever practical, and conditions applicable
13 to the procurement, including a notice that bids will be
14 received in an electronic auction manner.
15 (c) Public notice.--
16 (1) Except as otherwise provided for under paragraph
17 (2), public notice and advertisement of the invitation for
18 bids shall be given in the same manner as provided in the law
19 otherwise applicable to the local government unit.
20 (2) In cases where prequalification is a requirement of
21 submitting a bid, notification to all potential bidders who
22 have been prequalified by the local government unit shall
23 serve as public notice.
24 (d) Auctions.--Bids shall be accepted electronically at the
25 time and in the manner designated in the invitation for bids.
26 During the auction, each bidder shall have the capability to
27 view their bid rank or the low bid price. Bidders may reduce
28 their bid prices during the auction. At the conclusion of the
29 auction, the record of the bid prices received and the name of
30 each bidder shall be open to public inspection.
20050S0062B0068 - 3 -
1 (e) Withdrawal of bids.--After the auction period has
2 terminated, withdrawal of bids shall be permitted by the written
3 determination of the local government unit when the bidder
4 requests relief and presents credible evidence that the reason
5 for the lower bid price was a clerical mistake, as opposed to a
6 judgment mistake, and was actually due to an unintentional
7 arithmetical error or an unintentional omission of a substantial
8 quantity of work, labor, material or services made directly in
9 the compilation of the bid. The request for relief and the
10 supporting evidence must be received by the local government
11 unit within a reasonable time period after the bid opening. The
12 time period shall be specified by the local government unit.
13 (f) Award.--The contract shall be awarded within 60 days of
14 the auction by written notice to the lowest responsible bidder,
15 or all bids shall be rejected, except as otherwise provided in
16 this section. Extensions of the date for the award may be made
17 by mutual written consent of the local government unit and the
18 lowest responsible bidder.
19 Section 4. This act shall take effect in 60 days.
A4L62DMS/20050S0062B0068 - 4 -