PRIOR PRINTER'S NO. 3005 PRINTER'S NO. 3185
No. 2359 Session of 1978
INTRODUCED BY MESSRS. IRVIS AND MEBUS, APRIL 11, 1978
AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 22, 1978
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
6 have power and authority to enter into contracts and to make
7 joint contracts of purchase with any local transportation
8 organization in any manner complying with the law applicable to
9 such local transportation organization. The authority shall also
10 have power and authority to make contracts for the improvement
11 of any rights-of-way, roadbeds or rolling stock, or
12 electrification systems, or other transportation systems, or
13 parts thereof, constituting a project without advertisement for
14 competitive bids, where such work is to be done at cost by the
15 personnel and with the facilities of the local transportation
16 organization or of the transportation company on whose system
17 such property is 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
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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)] five thousand dollars ($5,000).
4 (c) Except as herein specifically provided otherwise, all
5 purchases and sales in excess of [one thousand five hundred
6 dollars ($1,500)] five thousand dollars ($5,000) shall be
7 awarded after advertising in a newspaper of general circulation
8 in the area where the property is to be used not less than two
9 weeks prior to the bid opening. Bids shall be publicly opened
10 and read aloud at a date, time and place designated in the
11 invitation to bid. In all cases of purchases or sales in excess
12 of [one thousand five hundred dollars ($1,500)] five thousand
13 dollars ($5,000) authorized hereunder to be made without
14 competitive bidding except purchases from or sales to a local
15 transportation organization or contracts with a transportation
16 company pursuant to subsection (a) of this section 12,
17 invitations to bid shall be sent not less than one week prior to
18 the bid opening to at least three potential bidders who are
19 qualified technically and financially to submit bids, or in lieu
20 thereof a memorandum shall be kept on file showing that less
21 than three potential bidders so qualified exist in the market
22 area within which it is practicable to obtain bids.
23 (d) Purchases or sales under [one thousand five hundred
24 dollars ($1,500)] five thousand dollars ($5,000) 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
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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 (K) EVERY CONTRACT FOR THE CONSTRUCTION, RECONSTRUCTION, <--
28 REPAIR, IMPROVEMENT OR MAINTENANCE OF PUBLIC WORKS SHALL CONTAIN
29 A PROVISION THAT ANY STEEL PRODUCTS USED OR SUPPLIED IN THE
30 PERFORMANCE OF THE CONTRACT OR ANY SUBCONTRACTS THEREUNDER SHALL
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1 BE FROM STEEL MADE IN THE UNITED STATES.
2 SECTION 2. THE PROVISIONS OF THIS ACT SHALL BE CONSTRUED IN
3 A MANNER CONSISTENT WITH THE ACT OF MARCH 3, 1978 (NO.3), KNOWN
4 AS THE "STEEL PRODUCTS PROCUREMENT ACT."
5 Section 2. 3. This act shall take effect in 60 days. <--
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