AN ACT

 

1Amending Title 62 (Procurement) of the Pennsylvania Consolidated
2Statutes, in general provisions, providing for public access
3to contract award information.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Title 62 of the Pennsylvania Consolidated
7Statutes is amended by adding a section to read:

8§ 106.1. Public access to contract award information.

9(a) General rule.--A purchasing agency shall post the
10following procurement information on the department's or, in the
11case of an independent agency, the independent agency's publicly
12accessible Internet website or otherwise make it available in
13the manner indicated below:

14(1) For a contract awarded under section 512(c)(1)
15(relating to competitive sealed bidding) or 513(b) (relating
16to competitive sealed proposals), bid tabulations recording
17the name of each bidder and bid amount or scoring used to
18evaluate bids in accordance with section 512(d), the

1information shall be posted as soon as practicable after bid
2opening, unless the purchasing agency elects to cancel the
3invitation for bids.

4(2) A notice of award under an invitation for bids shall
5be posted as soon as practicable after the purchasing agency
6elects to make an award in accordance with section 512(g).

7(3) The written determination required by section 513(g)
8shall be posted upon receipt of the final negotiated contract
9signed by the selected offeror. Subject to redaction under
10the act of February 14, 2008 (P.L.6, No.3), known as the
11Right-to-Know Law, responsive proposals received by the
12purchasing agency and, until fully executed, the final
13negotiated contract, need not be posted on the Internet
14website but shall be made available in hardcopy form to the
15public upon request.

16(b) Access and retention.--Procurement information specified
17under subsection (a) shall be accessible on the Internet website
18for at least 180 days from posting and further retained in
19accordance with section 563 (relating to retention of
20procurement records) and applicable purchasing agency record
21retention policies. After expiration of the 180-day period, the
22information shall be subject to disclosure under the Right-to-
23Know Law.

24Section 2. This act shall take effect in 60 days.