THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY WHITE, BRENNAN, CALTAGIRONE, CLYMER, D. COSTA, DALEY, DeLUCA, DePASQUALE, GIBBONS, GOODMAN, HALUSKA, HARHAI, JOSEPHS, MATZIE, M. O'BRIEN, VULAKOVICH AND WAGNER, APRIL 6, 2011

REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 6, 2011  

AN ACT

Amending Title 62 (Procurement) of the Pennsylvania Consolidated

Statutes, further providing for sole source procurement and

for emergency procurement.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 515 and 516 of Title 62 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 515.  Sole source procurement.

[A] (a)  Requirements.--Subject to subsection (b) of this

section, a contract may be awarded for a supply, service or

construction item without competition if the contracting officer

first determines in writing that one of the following conditions

exists:

(1)  Only a single contractor is capable of providing the

supply, service or construction.

(2)  A Federal or State statute or Federal regulation

exempts the supply, service or construction from the

competitive procedure.

(3)  The total cost of the supply, service or

construction is less than the amount established by the

department for small, no-bid procurements under section 514

(relating to small procurements).

(4)  It is clearly not feasible to award the contract for

supplies or services on a competitive basis.

(5)  The services are to be provided by attorneys or

litigation consultants selected by the Office of General

Counsel, the Office of Attorney General, the Department of

the Auditor General or the Treasury Department.

(6)  The services are to be provided by expert witnesses.

(7)  The services involve the repair, modification or

calibration of equipment and they are to be performed by the

manufacturer of the equipment or by the manufacturer's

authorized dealer, provided the contracting officer

determines that bidding is not appropriate under the

circumstances.

(8)  The contract is for investment advisors or managers

selected by the Public School Employees' Retirement System,

the State Employees' Retirement System or a State-affiliated

entity.

(9)  The contract is for financial or investment experts

to be used and selected by the Treasury Department or

financial or investment experts selected by the Secretary of

the Budget.

(10)  The contract for supplies or services is in the

best interest of the Commonwealth.

The written determination authorizing sole source procurement

shall be included in the contract file. With the exception of

small procurements under section 514 and emergency procurements

under section 516 (relating to emergency procurement), if the

sole source procurement is for a supply, except for computer

software updates under $50,000, for which the department acts as

purchasing agency, it must be approved by the Board of

Commissioners of Public Grounds and Buildings prior to the award

of a contract.

(b)  Persons who may approve sole source procurements.--The

approval of at least two of the following three persons is

required for the approval of all sole source procurements:

(1)  the State Treasurer;

(2)  the President pro tempore of the Senate; or

(3)  the Speaker of the House of Representatives.

(c)  Record of approval.--All approvals from those persons

listed in subsection (b) shall be included in the contract file.

§ 516.  Emergency procurement.

[The] (a)  Requirements.--If an emergency procurement is

approved by at least two of the three persons listed in

subsection (b), the head of a purchasing agency may make or

authorize others to make an emergency procurement when there

exists a threat to public health, welfare or safety or

circumstances outside the control of the agency create an

urgency of need which does not permit the delay involved in

using more formal competitive methods. Whenever practical, in

the case of a procurement of a supply, at least two bids shall

be solicited. A written determination of the basis for the

emergency and for the selection of the particular contractor

shall be included in the contract file.

(b)  Persons who may approve emergency procurements.--The

approval of at least two of the following three persons is

required for the approval of all emergency procurements:

(1)  the State Treasurer;

(2)  the President pro tempore of the Senate; or

(3)  the Speaker of the House of Representatives.

(c)  Record of approval.--All approvals from those persons

listed in subsection (b) shall be included in the contract file.

Section 2.  This act shall take effect in 60 days.