PRINTER'S NO. 2300
No. 1797 Session of 1975
INTRODUCED BY PYLES, VROON, W. W. FOSTER, W. D. HUTCHINSON, DOYLE AND MENHORN, OCTOBER 1, 1975
REFERRED TO COMMITTEE ON TRANSPORTATION, OCTOBER 1, 1975
AN ACT 1 Amending the act of January 22, 1968 (P.L.27, No.7), entitled 2 "An act promoting the welfare of the people of the 3 Commonwealth; creating The Pennsylvania Transportation 4 Assistance Authority as a body corporate and politic with 5 power to acquire, construct, improve, equip and lease 6 transportation assistance projects, and to fix the rentals, 7 fees and charges for the use thereof; authorizing and 8 regulating the issuance of bonds by the authority and 9 providing for the payment of such bonds, and the rights of 10 the holders thereof; authorizing the authority to enter into 11 agreements, including agreements for the joint ownership of 12 transportation assistance projects, with the government of 13 the United States, any Federal agency, any political 14 subdivision of the Commonwealth, any other authority 15 organized by any thereof, any transportation company, or with 16 any combination of the foregoing; granting to the authority 17 the right of eminent domain; authorizing the Department of 18 Commerce and the Department of Community Affairs to lease 19 transportation assistance projects from the authority and to 20 cooperate with local bodies; authorizing gifts to the 21 authority by political subdivisions and corporations; 22 empowering the authority to sell and convey transportation 23 assistance projects and providing that no debt of the 24 Commonwealth shall be incurred in the exercise of any of the 25 powers granted by this act," further providing for contracts, 26 procurement and sale of property, and competition in award of 27 contracts. 28 The General Assembly of the Commonwealth of Pennsylvania 29 hereby enacts as follows: 30 Section 1. Section 12, act of January 22, 1968 (P.L.27,
1 No.7), known as "The Pennsylvania Transportation Assistance 2 Authority Act of 1967," amended July 31, 1968 (P.L.934, No.283), 3 is amended to read: 4 Section 12. Contracts, Procurement and Sale of Property, 5 Competition in Award of Contracts.--(a) The authority shall have 6 power and authority to enter into contracts and to make joint 7 contracts of purchase with any local transportation organization 8 in any manner complying with the law applicable to such local 9 transportation organization. The authority shall also have power 10 and authority to make contracts for the improvement of any 11 rights-of-way, roadbeds or rolling stock, or electrification 12 systems, or other transportation systems, or parts thereof, 13 constituting a project without advertisement for competitive 14 bids, where such work is to be done at cost by the personnel and 15 with the facilities of the local transportation organization or 16 of the transportation company on whose system such property is 17 to be used. 18 (b) Except in the purchase of projects from a local 19 transportation organization, or in the purchase of unique 20 articles, or articles which, for any other reason, cannot be 21 obtained in the open market, and except as herein specifically 22 provided, competitive bids shall be secured before any purchase 23 or sale, by contract or otherwise, is made or before any 24 contract is awarded for construction, alterations, supplies, 25 equipment, repairs or maintenance or for rendering any services 26 to the authority other than professional services; and the 27 purchase shall be made from or the contract shall be awarded to 28 the lowest responsible bidder; or a sale to the highest 29 responsible bidder. No purchase of any unique article or other 30 articles which cannot be obtained in the open market shall be 19750H1797B2300 - 2 -
1 made without express approval of the board where the amount 2 involved is in excess of [one thousand five hundred dollars 3 ($1,500)] two thousand dollars ($2,000). 4 (c) Except as herein specifically provided otherwise, all 5 purchases and sales in excess of [one thousand five hundred 6 dollars ($1,500)] two thousand dollars ($2,000) shall be awarded 7 after advertising in a newspaper of general circulation in the 8 area where the property is to be used not less than two weeks 9 prior to the bid opening. Bids shall be publicly opened and read 10 aloud at a date, time and place designated in the invitation to 11 bid. In all cases of purchases or sales in excess of [one 12 thousand five hundred dollars ($1,500)] two thousand dollars 13 ($2,000) authorized hereunder to be made without competitive 14 bidding except purchases from or sales to a local transportation 15 organization or contracts with a transportation company pursuant 16 to subsection (a) of this section 12, invitations to bid shall 17 be sent not less than one week prior to the bid opening to at 18 least three potential bidders who are qualified technically and 19 financially to submit bids, or in lieu thereof a memorandum 20 shall be kept on file showing that less than three potential 21 bidders so qualified exist in the market area within which it is 22 practicable to obtain bids. 23 (d) Purchases or sales under [one thousand five hundred 24 dollars ($1,500)] two thousand dollars ($2,000) may be 25 negotiated with or without competitive bidding under sound 26 procurement procedures as promulgated and established by the 27 board. 28 (e) Competitive bidding requirements may be waived if it is 29 determined in such other manner as the board may, by regulation, 30 provide, that an emergency directly and immediately affecting 19750H1797B2300 - 3 -
1 customer service, or public health, safety or welfare requires 2 immediate delivery of supplies, materials, or equipment: 3 Provided, however, That a record of circumstances explaining the 4 emergency shall be submitted to the board at its next regular 5 meeting and thereafter kept on file. 6 (f) Contracts for the sale or lease of property owned by the 7 authority shall be awarded after competitive bidding as shown in 8 subsection (c) of this section 12, except where a contract is 9 entered into with the Commonwealth or any political subdivision 10 or agency or instrumentality thereof, local transportation 11 organization or Federal agency. 12 (g) Requirements shall not be split into parts for the 13 purpose of avoiding the provisions of this section 12. 14 (h) The authority shall have the right to reject any or all 15 bids or parts of any or all bids, whenever, in the opinion of 16 the board, such rejection is necessary for the protection of the 17 interest of the authority. In every such case, a record shall be 18 made, setting forth the reason for such rejection which record 19 shall thereafter be kept on file. 20 (i) The board shall adopt rules and regulations to 21 effectuate the provisions of this section 12. 22 (j) The authority shall have the power to accept the 23 assignment from any local transportation organization of all or 24 any interest in any lawfully made contract for the procurement 25 and purchase of any asset deemed necessary or desirable by the 26 authority in connection with any project. 27 Section 2. This act shall take effect immediately. G18L46CVV/19750H1797B2300 - 4 -