PRINTER'S NO. 1908
No. 1629 Session of 1981
INTRODUCED BY COSLETT, MACKOWSKI, PHILLIPS, TELEK, LEHR,
STEVENS, LEVI, A. C. FOSTER, JR., PETERSON, WASS, MADIGAN,
BOWSER, McINTYRE, CALTAGIRONE, E. H. SMITH, SNYDER,
E. Z. TAYLOR AND KANUCK, JUNE 16, 1981
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 16, 1981
AN ACT
1 Amending the act of February 1, 1966 (1965 P.L.1656, No.581),
2 entitled "An act concerning boroughs, and revising, amending
3 and consolidating the law relating to boroughs," further
4 providing for the awarding of contracts.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Subsection (a) and the first paragraph of
8 subsection (d) of section 1402, sections 1403 and 1405, act of
9 February 1, 1966 (1965 P.L.1656, No.581), known as "The Borough
10 Code," amended October 4, 1978 (P.L.1022, No.226), are amended
11 to read:
12 Section 1402. Regulation of Contracts.--(a) All contracts
13 or purchases in excess of [two thousand five hundred dollars
14 ($2,500)] four thousand dollars ($4,000), except those
15 hereinafter mentioned, shall not be made except with and from
16 the lowest responsible bidder after due notice in one newspaper
17 of general circulation in the borough, at least three times at
18 intervals of not less than three days where daily newspapers of
1 general circulation are available for such publication, in case
2 of weekly newspapers, such notice once a week for two successive
3 weeks. The first advertisement shall be published not less than
4 ten days prior to the date fixed for the opening of bids. The
5 amount of the contract shall in all cases, whether of straight
6 sale price, conditional sale, bailment lease, or otherwise, be
7 the entire amount which the borough pays to the successful
8 bidder or his assigns in order to obtain the services or
9 property, or both, and shall not be construed to mean only the
10 amount which is paid to acquire title or to receive any other
11 particular benefit or benefits of the whole bargain. In awarding
12 bids, council shall have the right to take into consideration
13 such other factors as the availability, cost and quality of
14 service.
15 * * *
16 (d) The contracts or purchases made by council, involving an
17 expenditure of over [two thousand five hundred dollars ($2,500)]
18 four thousand dollars ($4,000), which shall not require
19 advertising or bidding as hereinbefore provided, are as follows:
20 * * *
21 Section 1403. Evasion of Advertising Requirements.--No
22 member or members of council shall evade the provisions of
23 section 1402 hereof as to advertising for bids, by purchasing or
24 contracting for services and personal properties piecemeal for
25 the purpose of obtaining prices under [two thousand five hundred
26 dollars ($2,500)] four thousand dollars ($4,000) upon
27 transactions, which transactions should, in the exercise of
28 reasonable discretion and prudence, be conducted as one
29 transaction amounting to more than [two thousand five hundred
30 dollars ($2,500)] four thousand dollars ($4,000). This provision
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1 is intended to make unlawful the evading of advertising
2 requirements by making a series of purchases or contracts, each
3 for less than the advertising requirement price, or by making
4 several simultaneous purchases or contracts, each below said
5 price, when, in either case, the transactions involved should
6 have been made as one transaction for one price. Any members of
7 council who so vote in violation of this provision and who know
8 that the transaction upon which they so vote is or ought to be a
9 part of a larger transaction and that it is being divided in
10 order to evade the requirements as to advertising for bids,
11 shall be jointly and severally subject to surcharge for ten
12 percent of the full amount of the contract or purchase. Whenever
13 it shall appear that a member of council may have voted in
14 violation of this section but the purchase or contract on which
15 he so voted was not approved by council, this section shall be
16 inapplicable.
17 Section 1405. Separate Bids for Plumbing, Heating,
18 Ventilating and Electrical Work.--In the preparation for the
19 erection, construction and alteration of any public building,
20 when the entire cost of such work shall exceed [two thousand
21 five hundred dollars ($2,500)] four thousand dollars ($4,000),
22 the architect, engineer, or other person preparing such
23 specifications may, if so requested by the borough council,
24 prepare separate specifications for the plumbing, heating,
25 ventilating and electrical work. The person or persons
26 authorized to enter into contracts for the erection,
27 construction or alteration of such public buildings may, if such
28 separate specifications shall have been proposed, receive
29 separate bids upon each of the said branches of work and shall
30 thereupon award the contract for the same to the lowest
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1 responsible bidder for each of said branches.
2 Section 2. This act shall take effect in 60 days.
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