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| PRIOR PRINTER'S NO. 243 | PRINTER'S NO. 1436 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY M. K. KELLER, AUMENT, BAKER, BEAR, BENNINGHOFF, BLOOM, BOBACK, BOYD, BROOKS, CAUSER, CHRISTIANA, CLYMER, COX, CREIGHTON, CUTLER, DELOZIER, DENLINGER, ELLIS, EVERETT, FARRY, FLECK, GABLER, GEIST, GILLESPIE, GINGRICH, GRELL, GROVE, HALUSKA, HARHART, HARPER, HARRIS, HELM, HENNESSEY, HESS, HICKERNELL, KAUFFMAN, KILLION, KNOWLES, MAJOR, MARSHALL, MARSICO, MASSER, METCALFE, MILLARD, MILLER, MOUL, OBERLANDER, O'NEILL, PAYNE, PEIFER, PERRY, PICKETT, PYLE, QUIGLEY, QUINN, RAPP, REED, REICHLEY, ROAE, ROCK, ROSS, SAYLOR, SCAVELLO, CULVER, SCHRODER, SIMMONS, SONNEY, STERN, STEVENSON, SWANGER, TALLMAN, TOBASH, TRUITT, TURZAI, VEREB, VULAKOVICH, WATSON AND F. KELLER, JANUARY 27, 2011 |
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| AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, APRIL 5, 2011 |
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| AN ACT |
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1 | Amending the act of July 28, 1953 (P.L.723, No.230), entitled, |
2 | as amended, "An act relating to counties of the second class |
3 | and second class A; amending, revising, consolidating and |
4 | changing the laws relating thereto," in preliminary |
5 | provisions, providing for adjustments based on Consumer Price |
6 | Index relating to contracts and purchases; in contracts, |
7 | further regulating contracts and purchases; and, in grounds, |
8 | property and buildings, further providing for competition in |
9 | award of contracts. |
10 | The General Assembly of the Commonwealth of Pennsylvania |
11 | hereby enacts as follows: |
12 | Section 1. The act of July 28, 1953 (P.L.723, No.230), known |
13 | as the Second Class County Code, is amended by adding a section |
14 | to read: |
15 | Section 112. Adjustments Based on Change in Consumer Price |
16 | Index.--(a) Annually, beginning with the year in which this | <-- |
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1 | subsection becomes applicable to contracts and purchases, the |
2 | Department of Labor and Industry shall calculate the percentage |
3 | change in the Consumer Price Index for All Urban Consumers (CPI- |
4 | U) for the United States city average for all items as published |
5 | by the United States Department of Labor, Bureau of Labor |
6 | Statistics, for the twelve-month average ending in September of |
7 | the prior year. |
8 | (b) The amounts at which competitive bidding, separate bids |
9 | and written or telephonic price quotations are required under |
10 | this act shall be adjusted annually. The positive percentage |
11 | change, as determined in accordance with subsection (a), shall |
12 | be multiplied by the applicable amount for the current year and |
13 | the product thereof shall be added to the applicable amount for |
14 | the current year, with the result rounded to the nearest |
15 | multiple of ten dollars ($10). |
16 | (c) The annual determination required under subsection (a) |
17 | and the calculation of the adjustments required under subsection |
18 | (b) shall be made in the period between October 1 and November |
19 | 15 of the year following the effective date of this section, and |
20 | annually between October 1 and November 15 of each successive |
21 | year. |
22 | (d) The adjusted amounts obtained in accordance with |
23 | subsection (b) shall become effective January 1 for the calendar |
24 | year following the year in which the determination required |
25 | under subsection (a) is made. |
26 | (e) The Department of Labor and Industry shall give notice |
27 | in the Pennsylvania Bulletin prior to January 1 of each calendar |
28 | year of the annual percentage change determined in accordance |
29 | with subsection (a) and the amounts, whether adjusted or |
30 | unadjusted in accordance with subsection (b), at which |
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1 | competitive bidding, separate bids and written or telephonic |
2 | price quotations are required under this act for the calendar |
3 | year beginning the first day of January after publication of the |
4 | notice. Adjustments to the base amounts specified under sections | <-- |
5 | 2001(a) and (d), 2517(a) and 2511-A(a), (b), (b.1) and (h) shall |
6 | be made as follows: |
7 | (1) The Department of Labor and Industry shall determine the |
8 | percentage change in the All Items Consumer Price Index for All |
9 | Urban Consumers (CPI-U) for the United States City Average as |
10 | published by the United States Department of Labor, Bureau of |
11 | Labor Statistics for the twelve-month period ending September 30 |
12 | of the calendar year in which this subsection becomes effective, |
13 | and for each successive twelve-month period thereafter. |
14 | (2) If the department determines that there is no positive |
15 | percentage change, then no adjustment to the base amounts shall |
16 | occur for the relevant time period provided for in this |
17 | subsection. |
18 | (3) (i) If the department determines that there is a |
19 | positive percentage change in the first year that the |
20 | determination is made under paragraph (1), the positive |
21 | percentage change shall be multiplied by each base amount and |
22 | the products shall be added to the base amounts, respectively, |
23 | and the sums shall be preliminary adjusted amounts. |
24 | (ii) The preliminary adjusted amounts shall be rounded to |
25 | the nearest one thousand dollars ($1,000), to determine the |
26 | final adjusted base amounts for purposes of sections 2001(a) and |
27 | (d), 2517(a) and 2511-A(a), (b), (b.1) and (h). |
28 | (4) In each successive year in which there is a positive |
29 | percentage change in the CPI-U for the United States City |
30 | Average, the positive percentage change shall be multiplied by |
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1 | the most recent preliminary adjusted amounts and the products |
2 | shall be added to the most recent preliminary adjusted amounts, |
3 | respectively. The sums thereof shall be rounded to the nearest |
4 | one thousand dollars ($1,000) to determine the new final |
5 | adjusted base amounts for purposes of sections 2001(a) and (d), |
6 | 2517(a) and 2511-A(a), (b), (b.1) and (h). |
7 | (5) The determinations and adjustments required under this |
8 | subsection shall be made in the period between October 1 and |
9 | November 15 of the year following the effective date of this |
10 | subsection, and annually between October 1 and November 15 of |
11 | each year thereafter. |
12 | (6) The final adjusted base amounts and new final adjusted |
13 | base amounts obtained under paragraphs (3) and (4) shall become |
14 | effective January 1 for the calendar year following the year in |
15 | which the determination required under paragraph (1) is made. |
16 | (7) The department shall publish notice in the Pennsylvania |
17 | Bulletin prior to January 1 of each calendar year of the annual |
18 | percentage change determined under paragraph (1) and the |
19 | unadjusted or final adjusted base amounts determined under |
20 | paragraphs (3) and (4) for purposes of sections 2001(a) and (d), |
21 | 2517(a) and 2511-A(a), (b), (b.1) and (h), respectively, for the |
22 | calendar year beginning the first day of January after |
23 | publication of the notice. The notice shall include a written |
24 | and illustrative explanation of the calculations performed by |
25 | the department in establishing the unadjusted or final adjusted |
26 | base amounts under this subsection for the ensuing calendar |
27 | year. |
28 | (b) (Reserved). |
29 | Section 2. Section 2001(a) and (d) of the act, amended |
30 | November 30, 2004 (P.L.1439, No.186), are amended to read: |
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1 | Section 2001. County Commissioners to Make Contracts.--The |
2 | County Commissioners may make contracts for lawful purposes and |
3 | for the purposes of carrying into execution the provisions of |
4 | this section and the laws of the Commonwealth. |
5 | (a) Except as provided in subsection (a.1), all contracts or |
6 | purchases in excess of [ten thousand dollars ($10,000)] the base | <-- |
7 | amount of twenty-five thousand dollars ($25,000), subject to |
8 | annual adjustment under section 112, shall be in writing and, |
9 | except those hereinafter mentioned and except as provided by the |
10 | act of October 27, 1979 (P.L.241, No.78), entitled "An act |
11 | authorizing political subdivisions, municipality authorities and |
12 | transportation authorities to enter into contracts for the |
13 | purchase of goods and the sale of real and personal property |
14 | where no bids are received," shall not be made except with and |
15 | from the lowest responsible and responsive bidder meeting |
16 | specifications, after due notice in at least one newspaper of |
17 | general circulation, published or circulating in the county at |
18 | least two (2) times, at intervals of not less than three (3) |
19 | days where daily newspapers of general circulation are employed |
20 | for such publication, or in case weekly newspapers are employed, |
21 | then the notice shall be published once a week for two (2) |
22 | successive weeks. The first advertisement shall be published not |
23 | less than ten (10) days prior to the date fixed for the opening |
24 | of bids. |
25 | * * * |
26 | (d) The contracts or purchases made by the commissioners |
27 | involving an expenditure [of over [ten thousand dollars | <-- |
28 | ($10,000)] in the excess of the base amount of twenty-five | <-- |
29 | thousand dollars ($25,000), subject to annual adjustment under |
30 | section 112, which shall not require advertising or bidding as |
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1 | hereinbefore provided are as follows: |
2 | (1) Those for maintenance, repairs or replacements for |
3 | water, electric light, or other public works: Provided, That |
4 | they do not constitute new additions, extensions or enlargements |
5 | of existing facilities and equipment. Security may be required |
6 | by the county commissioners as in other cases of work done. |
7 | (2) Those made for improvements, repairs and maintenance of |
8 | any kind made or provided by the county through its own |
9 | employes. This paragraph shall not apply to construction |
10 | materials used in a street improvement. |
11 | (3) Those where particular types, models or pieces of new |
12 | equipment, articles, apparatus, appliances, vehicles or parts |
13 | thereof are desired by the county commissioners, which are |
14 | patented and manufactured products or copyrighted products. |
15 | (4) Those involving any policies of insurance or surety |
16 | company bonds, those made for public utility service and |
17 | electricity, natural gas or telecommunication services: |
18 | Provided, That, in the case of utilities not under tariffs on |
19 | file with the Pennsylvania Public Utility Commission, contracts |
20 | made without advertising and bidding shall be made only after |
21 | receiving written or telephonic price quotations from at least |
22 | three (3) qualified and responsible contractors, or in lieu of |
23 | price quotations a memorandum shall be kept on file showing that |
24 | fewer than three (3) qualified contractors exist in the market |
25 | area within which it is practicable to obtain quotations. A |
26 | written record of telephonic price quotations shall be made and |
27 | contain at least the date of the quotation, the name of the |
28 | contractor and the contractor's representative. |
29 | (5) Those involving personal or professional services, |
30 | including, but not limited to, services of members of the |
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1 | medical or legal profession, registered architects, engineers, |
2 | certified public accountants or other personal services |
3 | involving professional expertise. |
4 | (6) Those involving tangible client services provided by |
5 | nonprofit agencies. For the purposes of this clause, the term |
6 | "tangible client services" shall mean congregate meals, home- |
7 | delivered meals, transportation and chore services provided |
8 | through area agencies on aging. |
9 | (6.1) Those involving contracts entered into by nonprofit |
10 | cooperative hospital service associations for hospitals and |
11 | nursing homes which are part of the institutional district or |
12 | which are owned by the county, operated by the county or |
13 | affiliated with the county by the purchasing of or participating |
14 | in contracts for materials, supplies and equipment. |
15 | (7) Those involving the purchase of milk. |
16 | (8) Those made with any public body, including, but not |
17 | limited to, the sale, lease or loan of any supplies or materials |
18 | to the county by a public body, provided that the price thereof |
19 | shall not be in excess of that fixed by the public body. The |
20 | requirements of 53 Pa.C.S. Ch. 23 Subch. A (relating to |
21 | intergovernmental cooperation) shall not apply when a county |
22 | purchases cooperatively with another public body which has |
23 | entered into a contract for supplies or materials. As used in |
24 | this paragraph, "public body" shall mean any of the following: |
25 | (i) the Federal Government; |
26 | (ii) the Commonwealth of Pennsylvania; |
27 | (iii) any other state; |
28 | (iv) a political subdivision, local or municipal authority |
29 | or other similar local entity of the Commonwealth or any other |
30 | state; or |
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1 | (v) an agency of the Federal Government, the Commonwealth or |
2 | any other state. |
3 | (9) Those exclusively involving construction management |
4 | services. |
5 | (10) Those involving computer software. |
6 | * * * |
7 | Section 3. Section 2517(a) of the act, amended December 9, |
8 | 2002 (P.L.1383, No.170), is amended to read: |
9 | Section 2517. Separate Specifications and Contracts for |
10 | Certain Items.--(a) In the preparation of specifications for |
11 | the erection, construction and alteration of any public |
12 | building, when the entire cost of such work shall exceed [ten |
13 | thousand dollars ($10,000)] the base amount of twenty-five | <-- |
14 | thousand dollars ($25,000), subject to annual adjustment under |
15 | section 112, the architect, engineer or other person preparing |
16 | such specifications shall prepare separate specifications for |
17 | the plumbing, heating, ventilating and electrical work. The |
18 | board of commissioners shall receive separate bids upon each of |
19 | the said branches of work and award the contract for the same to |
20 | the lowest responsible bidder for each of said branches. |
21 | * * * |
22 | Section 4. Section 2511-A(a), (b), (b.1) and (h) of the act, |
23 | added October 30, 2000 (P.L.616, No.85), are amended to read: |
24 | Section 2511-A. Competition in Award of Contracts.--(a) All |
25 | construction, reconstruction, repairs or work of any nature made |
26 | by any Authority, where the entire cost, value or amount of such |
27 | construction, reconstruction, repairs or work, including labor |
28 | and materials, shall exceed [ten thousand dollars ($10,000)] the | <-- |
29 | base amount of twenty-five thousand dollars ($25,000), subject |
30 | to annual adjustment under section 112, except construction, |
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1 | reconstruction, repairs or work done by employes of said |
2 | Authority or by labor supplied under agreement with any Federal |
3 | or State agency with supplies and materials purchased, as |
4 | hereinafter provided, shall be done only under contract or |
5 | contracts to be entered into by the Authority with the lowest |
6 | responsible bidder upon proper terms, after due public notice |
7 | has been given asking for competitive bids hereinafter provided. |
8 | No contract shall be entered into for construction or |
9 | improvement or repair of any project or portion thereof unless |
10 | the contractor shall give an undertaking, with a sufficient |
11 | surety or sureties approved by the Authority and in an amount |
12 | fixed by the Authority, for the faithful performance of the |
13 | contract. All such contracts shall provide, among other things, |
14 | that the person or corporation entering into such contract with |
15 | the Authority will pay for all materials furnished and services |
16 | rendered for the performance of the contract and that any person |
17 | or corporation furnishing such materials or rendering such |
18 | services may maintain an action to recover for the same against |
19 | the obligor in the undertaking as though such person or |
20 | corporation was named therein, provided the action is brought |
21 | within one (1) year after the time the cause of action accrued. |
22 | Nothing in this section shall be construed to limit the power of |
23 | the Authority to construct, repair or improve any project or |
24 | portion thereof or any addition, betterment or extension thereto |
25 | directly by the officers, agents and employes of the Authority |
26 | or otherwise than by contract. |
27 | (b) All supplies and materials costing [ten thousand dollars |
28 | ($10,000)] the base amount of twenty-five thousand dollars | <-- |
29 | ($25,000), subject to annual adjustment under section 112, or |
30 | more shall be purchased only after due advertisement as |
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1 | hereinafter provided. The Authority shall accept the lowest bid |
2 | or bids, kinds, quality and material being equal, but the |
3 | Authority shall have the right to reject any or all bids or |
4 | select a single item from any bid. The provisions as to bidding |
5 | shall not apply to the purchase of patented and manufactured |
6 | products offered for sale in a non-competitive market or solely |
7 | by a manufacturer's authorized dealer. |
8 | (b.1) Written or telephonic price quotations from at least |
9 | three (3) qualified and responsible contractors shall be |
10 | requested for all contracts that exceed [four thousand dollars |
11 | ($4,000)] the base amount of ten thousand dollars ($10,000), | <-- |
12 | subject to annual adjustment under section 112, but are less |
13 | than the amount requiring advertisement and competitive bidding, |
14 | or, in lieu of price quotations, a memorandum shall be kept on |
15 | file showing that fewer than three (3) qualified contractors |
16 | exist in the market area within which it is practicable to |
17 | obtain quotations. A written record of telephonic price |
18 | quotations shall be made and shall contain at least the date of |
19 | the quotation, the name of the contractor and the contractor's |
20 | representative, the construction, reconstruction, repair, |
21 | maintenance or work which was the subject of the quotation and |
22 | the price. Written price quotations, written records of |
23 | telephonic price quotations and memoranda shall be retained for |
24 | a period of three (3) years. |
25 | * * * |
26 | (h) An Authority shall not evade the provisions of this |
27 | section as to advertising for bids or purchasing materials or |
28 | contracting for services piecemeal for the purpose of obtaining |
29 | prices under [ten thousand dollars ($10,000)] the base amount of | <-- |
30 | twenty-five thousand dollars ($25,000), subject to annual |
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1 | adjustment under section 112, upon transactions which should, in |
2 | the exercise of reasonable discretion and prudence, be conducted |
3 | as one transaction amounting to more than [ten thousand dollars |
4 | ($10,000)] the base amount of twenty-five thousand dollars | <-- |
5 | ($25,000), subject to annual adjustment under section 112. This |
6 | provision is intended to make unlawful the practice of evading |
7 | advertising requirements by making a series of purchases or |
8 | contracts each for less than the advertising requirement price |
9 | or by making several simultaneous purchases or contracts each |
10 | below said price when in either case the transaction involved |
11 | should have been made as one transaction for one price. |
12 | * * * |
13 | Section 5. This act shall apply to contracts and purchases |
14 | advertised on or after January 1 of the year following the |
15 | effective date of this section. |
16 | Section 6. This act shall take effect immediately. |
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