PRINTER'S NO. 806
No. 742 Session of 1989
INTRODUCED BY STOUT, CORMAN, STEWART, BRIGHTBILL, PUNT, LEMMOND, PORTERFIELD, WENGER, MADIGAN, AFFLERBACH, REIBMAN AND PETERSON, MARCH 21, 1989
REFERRED TO LOCAL GOVERNMENT, MARCH 21, 1989
AN ACT 1 Amending the act of August 9, 1955 (P.L.323, No.130), entitled 2 "An act relating to counties of the third, fourth, fifth, 3 sixth, seventh and eighth classes; amending, revising, 4 consolidating and changing the laws relating thereto," 5 further regulating contracts and purchases as to bids and 6 advertising. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. Section 1801, subsections (a), (b) and the first 10 paragraph of (h) of section 1802 and section 1803 of the act of 11 August 9, 1955 (P.L.323, No.130), known as The County Code, 12 amended December 22, 1981 (P.L.580, No.167), are amended to 13 read: 14 Section 1801. Commissioners Sole Contractors for County.-- 15 The county commissioners shall contract for and purchase all 16 services referred to in section five hundred eight and personal 17 property for county officers and agencies. All contracts and 18 purchases not in excess of [four thousand dollars ($4,000)] ten 19 thousand dollars ($10,000) shall be by note or memorandum, in
1 writing, signed by the county commissioners, or their agent. A 2 copy of all such notes and memorandums and all written contracts 3 shall be filed in the office of the controller, if any, and, if 4 not, then with the chief clerk of the commissioners. The 5 commissioners shall, where possible, anticipate the needs of the 6 various officers and agencies of the county and endeavor to 7 purchase in wholesale quantities, where practicable and where 8 savings could be achieved thereby. The commissioners may make 9 contracts and purchases for all purposes expressly or impliedly 10 authorized by law. 11 Section 1802. Contract Procedures; Terms and Bonds; 12 Advertising for Bids.--(a) All contracts for services and 13 personal property where the amount thereof exceeds the sum of 14 [four thousand dollars ($4,000)] ten thousand dollars ($10,000), 15 shall be written and shall, except as otherwise hereinafter 16 specified, be made by advertising for bids. 17 (b) Contracts or purchases in excess of [four thousand 18 dollars ($4,000)] ten thousand dollars ($10,000), except those 19 hereinafter mentioned, hall not be made except with and from the 20 lowest responsible bidder, after due notice in one newspaper of 21 general circulation, published or circulating in the county, at 22 least three times at intervals of not less than three days where 23 daily newspapers of general circulation are employed for such 24 publication, or in case weekly newspapers are employed then the 25 notice shall be published once a week for two successive weeks. 26 The first advertisement shall be published not less than ten 27 days prior to the date fixed for the opening of bids. The 28 requirements of this subsection need not be followed in cases of 29 emergency, but in such cases the actual emergency shall be 30 declared and stated by resolution of the commissioners. 19890S0742B0806 - 2 -
1 * * * 2 (h) The contracts or purchases made by the commissioners 3 involving an expenditure of over [four thousand dollars 4 ($4,000)] ten thousand dollars ($10,000)] which shall not 5 require advertising or bidding, as hereinbefore provided, are as 6 follows: 7 * * * 8 Section 1803. Evasion of Advertising Requirements.--No 9 commissioner or commissioners shall evade the provisions of 10 section one thousand eight hundred two of this act, as to 11 advertising for bids or purchasing or contracting for services 12 and personal properties piece-meal, for the purpose of obtaining 13 prices under [four thousand dollars ($4,000)] ten thousand 14 dollars ($10,000) upon transactions which should in the exercise 15 of reasonable discretion and prudence be conducted as one 16 transaction amounting to more than [four thousand dollars 17 ($4,000)] ten thousand dollars ($10,000). This provision is 18 intended to make unlawful the practice of evading advertising 19 requirements by making a series of purchases or contracts each 20 for less than the advertising requirement price, or by making 21 several simultaneous purchases or contracts each below said 22 price, when in either case the transaction involved should have 23 been made as one transaction for one price. Any county 24 commissioners who so vote in violation of this provision and who 25 know that the transaction upon which they so vote is or ought to 26 be a part of a larger transaction and that it is being divided 27 in order to evade the requirements as to advertising for bids 28 shall be, jointly and severally, subject to surcharge for any 29 loss sustained. Wherever it shall appear that a commissioner may 30 have voted in violation of this section, but the purchase or 19890S0742B0806 - 3 -
1 contract on which he so voted was not approved by the board of 2 county commissioners, this section shall be inapplicable. 3 Section 2. Sections 2317 and 2670 of the act, amended 4 December 22, 1981 (P.L.580, No.167), are amended to read: 5 Section 2317. Separate Bids for Plumbing, Heating, 6 Ventilating, Electrical Work, Elevators and Moving Stairs.--In 7 the preparation of specifications for the erection, construction 8 and alteration of any public building, when the entire cost of 9 such work shall exceed [four thousand dollars ($4000)] ten 10 thousand dollars ($10,000) the architect, engineer or other 11 person preparing such specifications shall prepare only the 12 following separate specifications: (1) plumbing, (2) heating, 13 (3) ventilating, (4) electrical work, (5) elevators and moving 14 stairs, and (6) one complete set of specifications for all the 15 other work to be done in such erection, construction and 16 alteration. The board of commissioners shall receive separate 17 bids upon each of the said branches of work and award the 18 contract for the same to the lowest responsible bidder for each 19 of said branches, including the balance of the work in addition 20 to the plumbing, heating, ventilating and electrical work, and 21 elevators and moving stairs. Where it is desired to install an 22 air conditioning unit, the heating and ventilating so involved 23 may be regarded as one branch of work having only one set of 24 specifications, and bids may be received and a contract awarded 25 thereon, as hereinbefore provided. 26 Section 2670. Building or Repair of Bridges.--In addition to 27 the provisions of Articles XVIII and XXIII of this act relating 28 to contracting for services and personal property, whenever the 29 county commissioners propose to build or repair a bridge at a 30 cost in excess of [four thousand dollars ($4000)] ten thousand 19890S0742B0806 - 4 -
1 dollars ($10,000) their advertisements for bids shall contain
2 the description of the repairs, or designs of the kind of
3 bridge, required. When the contract is for the building of a
4 bridge, the designs and specifications therefor, or a copy
5 thereof, shall be kept in the office of the county
6 commissioners, open to the inspection of all intending bidders
7 during such advertising and the time specified therein for the
8 reception of bids. In the case of a bridge to be erected over a
9 stream upon the line between two adjoining counties, the
10 advertising shall be done in each of said counties, and a copy
11 of the plans and specifications shall be kept in the
12 commissioners' office of each county. The time of filing bids
13 and the person's name with whom filed must be marked on the
14 outside of said bids.
15 Section 3. This act shall take effect in 60 days.
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