HOUSE AMENDED
PRIOR PRINTER'S NOS. 68, 406, 774 PRINTER'S NO. 1050
No. 62 Session of 2005
INTRODUCED BY EARLL, THOMPSON, ARMSTRONG, CORMAN, WONDERLING,
ERICKSON, LEMMOND, COSTA, PILEGGI, GORDNER, ORIE, KITCHEN,
WAUGH AND LOGAN, JANUARY 31, 2005
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 30, 2005
AN ACT
1 Amending Title 62 (Procurement) of the Pennsylvania Consolidated
2 Statutes, further providing for POWERS AND DUTIES OF THE <--
3 DEPARTMENT OF GENERAL SERVICES AND FOR application of part;
4 and providing for electronic bidding by local government
5 units.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 3101 of Title 62 of the Pennsylvania <--
9 Consolidated Statutes is amended to read:
10 SECTION 1. SECTIONS 321 AND 3101 OF TITLE 62 OF THE <--
11 PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:
12 § 321. POWERS AND DUTIES.
13 (A) GENERAL RULE.--EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED
14 IN THIS PART, THE DEPARTMENT SHALL HAVE THE FOLLOWING POWERS AND
15 DUTIES:
16 (1) PROCURE OR SUPERVISE THE PROCUREMENT OF ALL
17 SUPPLIES, SERVICES AND CONSTRUCTION NEEDED BY EXECUTIVE
18 AGENCIES AND THOSE INDEPENDENT AGENCIES FOR WHICH THE
1 DEPARTMENT ACTS AS PURCHASING AGENCY. PROCUREMENT AUTHORITY
2 MAY BE DELEGATED IN WRITING BY THE SECRETARY OF GENERAL
3 SERVICES.
4 (2) EXERCISE GENERAL SUPERVISION AND CONTROL OVER ALL
5 INVENTORIES OF SUPPLIES BELONGING TO EXECUTIVE AGENCIES.
6 (3) SELL, TRADE OR OTHERWISE DISPOSE OF SURPLUS SUPPLIES
7 BELONGING TO EXECUTIVE OR INDEPENDENT AGENCIES.
8 (4) COORDINATE PROGRAMS OF EXECUTIVE AND INDEPENDENT
9 AGENCIES FOR THE INSPECTION, TESTING AND ACCEPTANCE OF
10 SUPPLIES AND CONSTRUCTION TO ENSURE AVAILABILITY OF
11 FACILITIES AND TO AVOID A DUPLICATION OF FUNCTIONS.
12 (5) ESTABLISH AND MAINTAIN A CENTRAL OFFICE WHERE
13 BUSINESSES OPERATING IN THIS COMMONWEALTH MAY OBTAIN
14 INFORMATION PERTAINING TO THE PROCUREMENT NEEDS OF
15 COMMONWEALTH AGENCIES.
16 (6) PARTICIPATE IN THE MANAGEMENT AND MAINTENANCE OF A
17 CONTRACTOR RESPONSIBILITY PROGRAM IN COORDINATION WITH THE
18 OFFICE OF THE BUDGET AND OTHER AGENCIES AS MAY BE DIRECTED BY
19 THE GOVERNOR.
20 (7) RECEIVE, ASSESS AND RESPOND TO ALL COMMONWEALTH
21 PURCHASE PROPOSALS, SUBMITTED BY ANY PERSON, FOR THE
22 PROCUREMENT OF SUPPLIES, SERVICES OR CONSTRUCTION UNDER THIS
23 PART. THE DEPARTMENT SHALL PROVIDE NOTIFICATION TO THE PERSON
24 WHO SUBMITTED THE COMMONWEALTH PURCHASE PROPOSAL WITHIN 60
25 DAYS OF RECEIVING THE PROPOSAL. THE NOTIFICATION SHALL
26 INDICATE THAT THE DEPARTMENT IS IN RECEIPT OF THE
27 COMMONWEALTH PURCHASE PROPOSAL AND THAT THE DEPARTMENT WILL
28 PROVIDE A WRITTEN ASSESSMENT OF THE MERITS OF THE PROPOSAL TO
29 THE PERSON WHO SUBMITTED THE PROPOSAL WITHIN 90 DAYS OF THE
30 NOTICE. THE DEPARTMENT SHALL PROVIDE THE FOLLOWING IN ITS
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1 ASSESSMENT OF THE COMMONWEALTH PURCHASE PROPOSAL:
2 (I) A COST BENEFIT ANALYSIS OF THE PROPOSAL,
3 INCLUDING, BUT NOT LIMITED TO, AN ESTIMATION OF THE
4 NUMBER OF JOBS CREATED BY THE PROPOSAL.
5 (II) THE ANTICIPATED REQUIREMENTS OF THE PROPOSAL.
6 (III) A PROPOSED INVITATION FOR BIDS OR REQUESTS FOR
7 PROPOSALS RELATING TO THE PROPOSAL.
8 (B) PUBLICATION OF ASSESSMENTS.--THE DEPARTMENT SHALL
9 PUBLISH ANY ASSESSMENT PREPARED UNDER THIS SECTION IN THE
10 PENNSYLVANIA BULLETIN.
11 (C) DEFINITION.--AS USED IN THIS SECTION, THE TERM
12 "COMMONWEALTH PURCHASE PROPOSAL" MEANS A SUGGESTION MADE TO THE
13 DEPARTMENT OF GENERAL SERVICES, WHICH INCLUDES A RECOMMENDATION
14 THAT THE COMMONWEALTH PROCURE A SPECIFIC SUPPLY, SERVICE OR
15 CONSTRUCTION.
16 § 3101. Application of part.
17 [This] Except for Chapter 46 (relating to electronic bidding
18 by local government units), which applies only to local
19 government units, this part applies to government agencies. In
20 the case of Commonwealth agencies, this part shall be read in
21 pari materia with Part I (relating to Commonwealth Procurement
22 Code).
23 Section 2. Title 62 is amended by adding a chapter to read:
24 CHAPTER 46
25 ELECTRONIC BIDDING BY LOCAL GOVERNMENT UNITS
26 Sec.
27 4601. Short title of chapter.
28 4602. Definitions.
29 4603. Electronic bidding.
30 4604. Competitive electronic auction bidding.
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1 § 4601. Short title of chapter.
2 This chapter shall be known and may be cited as the Local
3 Government Unit Electronic Bidding Act.
4 § 4602. Definitions.
5 The following words and phrases when used in this chapter
6 shall have the meanings given to them in this section unless the
7 context clearly indicates otherwise:
8 "Local government unit." A county, city, borough,
9 incorporated town, township, school district, vocational school
10 district, county institution district, home rule municipality,
11 local authority or any joint or cooperative body of local
12 government units or any instrumentality, authority or
13 corporation thereof which has authority to enter into a
14 contract.
15 § 4603. Electronic bidding.
16 Notwithstanding any other provision of law concerning the
17 requirements for competitive bidding for purchases and contracts
18 by a local government unit, a local government unit may permit
19 the electronic submission of bids and may receive bids
20 electronically if the local government unit has the electronic
21 capability to maintain the confidentiality of the bid until the
22 bid opening time.
23 § 4604. Competitive electronic auction bidding.
24 (a) Conditions for use.--Notwithstanding any other provision
25 of law concerning the requirements for competitive bidding for
26 purchases and contracts, if a local government unit determines
27 by resolution that use of competitive electronic auction bidding
28 is in the best interests of the local government unit, a
29 contract for supplies or services, but not for construction or
30 design professional services, may be entered into by competitive
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1 electronic auction bidding.
2 (b) Invitation for bids.--An invitation for bids shall be
3 issued and shall include a procurement description and all
4 contractual terms, whenever practical, and conditions applicable
5 to the procurement, including a notice that bids will be
6 received in an electronic auction manner.
7 (c) Public notice.--Public notice and advertisement of the
8 invitation for bids shall be given in the same manner as
9 provided in the law otherwise applicable to the local government
10 unit.
11 (d) Auctions.--Bids shall be accepted electronically at the
12 time and in the manner designated in the invitation for bids.
13 During the auction, each bidder shall have the capability to
14 view their bid rank or the low bid price. Bidders may reduce
15 their bid prices during the auction. At the conclusion of the
16 auction, the record of the bid prices received and the name of
17 each bidder shall be open to public inspection.
18 (e) Withdrawal of bids.--After the auction period has
19 terminated, withdrawal of bids shall be permitted by the written
20 determination of the local government unit when the bidder
21 requests relief and presents credible evidence that the reason
22 for the lower bid price was a clerical mistake, as opposed to a
23 judgment mistake, and was actually due to an unintentional
24 arithmetical error or an unintentional omission of a substantial
25 quantity of work, labor, material or services made directly in
26 the compilation of the bid. The request for relief and the
27 supporting evidence must be received by the local government
28 unit within a reasonable time period after the bid opening. The
29 time period shall be specified by the local government unit.
30 (f) Award.--The contract shall be awarded within 60 days of
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1 the auction by written notice to the lowest responsible bidder,
2 or all bids shall be rejected, except as otherwise provided in
3 this section. Extensions of the date for the award may be made
4 by mutual written consent of the local government unit and the
5 lowest responsible bidder.
6 Section 3. This act shall take effect in 60 days.
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