SENATE AMENDED
PRIOR PRINTER'S NOS. 2287, 3159 PRINTER'S NO. 3705
No. 1784 Session of 1975
INTRODUCED BY MESSRS. DeMEDIO, RITTER, FRYER, MEBUS AND WEIDNER,
OCTOBER 1, 1975
SENATOR MURPHY, LOCAL GOVERNMENT, IN SENATE, RE-REPORTED
AS AMENDED, SEPTEMBER 21, 1976
AN ACT
1 Amending the act of May 2, 1945 (P.L.382, No.164), entitled "An
2 act providing for the incorporation as bodies corporate and
3 politic of 'Authorities' for municipalities, counties and
4 townships; prescribing the rights, powers and duties of such
5 Authorities heretofore or hereafter incorporated; authorizing
6 such Authorities to acquire, construct, improve, maintain and
7 operate projects, and to borrow money and issue bonds
8 therefor; providing for the payment of such bonds, and
9 prescribing the rights of the holders thereof; conferring the
10 right of eminent domain on such Authorities; authorizing such
11 Authorities to enter into contracts with and to accept grants
12 from the Federal Government or any agency thereof; and
13 conferring exclusive jurisdiction on certain courts over
14 rates," regulating contract procedures and advertising for
15 bids.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Subsections A and B of section 10, act of May 2,
19 1945 (P.L.382, No.164), known as the "Municipality Authorities
20 Act of 1945," amended September 1, 1967 (P.L.293, No.122), are
21 amended to read:
22 Section 10. Competition in Award of Contracts.--A. All
23 construction, reconstruction, repairs or work of any nature made
1 by any Authority, where the entire cost, value or amount of such
2 construction, reconstruction, repairs or work, including labor
3 and materials, shall exceed [one thousand five hundred dollars
4 ($1500)] two thousand dollars ($2,000) TWO THOUSAND FIVE HUNDRED <--
5 DOLLARS ($2,500), TWO THOUSAND DOLLARS ($2,000), except
6 construction, reconstruction, repairs or work done by employes
7 of said Authority, or by labor supplied under agreement with any
8 Federal or State agency, with supplies and materials purchased
9 as hereinafter provided, shall be done only under contract or
10 contracts to be entered into by the Authority with the lowest
11 responsible bidder upon proper terms, after due public notice
12 has been given asking for competitive bids as hereinafter
13 provided. No contract shall be entered into for construction or
14 improvement or repair of any project or portion thereof, unless
15 the contractor shall give an undertaking with a sufficient
16 surety or sureties approved by the Authority, and in an amount
17 fixed by the Authority, for the faithful performance of the
18 contract. All such contracts shall provide among other things
19 that the person or corporation entering into such contract with
20 the Authority will pay for all materials furnished and services
21 rendered for the performance of the contract, and that any
22 person or corporation furnishing such materials or rendering
23 such services may maintain an action to recover for the same
24 against the obligor in the undertaking, as though such person or
25 corporation was named therein, provided the action is brought
26 within one year after the time the cause of action accrued.
27 Nothing in this section shall be construed to limit the power of
28 the Authority to construct, repair or improve any project or
29 portion thereof, or any addition, betterment or extension
30 thereto, directly by the officers, agents and employes of the
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1 Authority, or otherwise than by contract.
2 B. All supplies and materials costing [one thousand five
3 hundred dollars ($1500)] two thousand dollars ($2,000) TWO <--
4 THOUSAND FIVE HUNDRED DOLLARS ($2,500), TWO THOUSAND DOLLARS
5 ($2,000), or more shall be purchased only after due
6 advertisement as hereinafter provided. Authority shall accept
7 the lowest bid or bids, kind, quality and material being equal,
8 but the Authority shall have the right to reject any or all bids
9 or select a single item from any bid. The provisions as to
10 bidding shall not apply to the purchase of patented and
11 manufactured products offered for sale in a noncompetitive
12 market or solely by a manufacturer's authorized dealer.
13 * * *
14 Section 2. This act shall take effect immediately IN 60 <--
15 DAYS.
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