PRIOR PRINTER'S NO. 2998 PRINTER'S NO.3178
No. 2352 Session of 1978
INTRODUCED BY MESSRS. IRVIS AND MEBUS, APRIL 11, 1978
AS REPORTED FROM COMMITTEE ON URBAN AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 22, 1978
AN ACT
1 Amending the act of June 24, 1931 (P.L.1206, No.331), entitled
2 "An act concerning townships of the first class; amending,
3 revising, consolidating, and changing the law relating
4 thereto," further regulating contracts, advertisements,
5 specifications, and bids for certain contracts.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Subsection (a) and the first paragraph and clause
9 (2) of subsection (d) of section 1802 and section 1802.1, act of
10 June 24, 1931 (P.L.1206, No.331), known as "The First Class
11 Township Code," reenacted and amended May 27, 1949 (P.L.1955,
12 No.569), and amended November 23, 1976 (P.L.1135, No.243), are
13 amended AND THE SECTION IS AMENDED BY ADDING A SUBSECTION to <--
14 read:
15 Section 1802. General Regulations Concerning Contracts.--(a)
16 All contracts or purchases made by any township, involving the
17 expenditure of over [two thousand dollars,] five thousand <--
18 dollars TWO THOUSAND FIVE HUNDRED DOLLARS except those <--
19 hereinafter mentioned, shall not be made except with and from
1 the lowest responsible bidder, shall be in writing, and shall be
2 made only after notice by the secretary, published, in one
3 newspaper of general circulation, published or circulating in
4 the county in which the township is situated, at least three
5 times at intervals of not less than three days where daily
6 newspapers of general circulation are employed for such
7 publication, or in case weekly newspapers are employed then the
8 notice shall be published once a week for two successive weeks.
9 The first advertisement shall be published not less than ten
10 days prior to the date fixed for the opening of bids. All plans
11 and specifications shall be on file at least ten days in advance
12 of opening bids. The amount of the contract shall in all cases,
13 whether of straight sale price, conditional sale, bailment
14 lease, or otherwise, be the entire amount which the township
15 pays to the successful bidder or his assigns in order to obtain
16 the services or property, or both, and shall not be construed to
17 mean only the amount which is paid to acquire title or to
18 receive any other particular benefit or benefits of the whole
19 bargain.
20 * * *
21 (d) The contracts or purchases made by the commissioners
22 involving an expenditure of over [two thousand dollars] five <--
23 thousand dollars, TWO THOUSAND FIVE HUNDRED DOLLARS, which shall <--
24 not require advertising or bidding, as hereinbefore provided,
25 are as follows:
26 * * *
27 (2) Those made for improvements, repairs and maintenance of
28 any kind made or provided by any township through its own
29 employes: Provided, however, That all materials used for street
30 improvement, maintenance, and/or construction in excess of [two
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1 thousand dollars] five thousand dollars TWO THOUSAND FIVE <--
2 HUNDRED DOLLARS be subject to the advertising requirements as
3 contained herein.
4 * * *
5 (E) EVERY CONTRACT FOR THE CONSTRUCTION, RECONSTRUCTION, <--
6 REPAIR, IMPROVEMENT OR MAINTENANCE OF PUBLIC WORKS SHALL CONTAIN
7 A PROVISION THAT ANY STEEL PRODUCTS USED OR SUPPLIED IN THE
8 PERFORMANCE OF THE CONTRACT OR ANY SUBCONTRACTS THEREUNDER SHALL
9 BE FROM STEEL MADE IN THE UNITED STATES.
10 Section 1802.1. Evasion of Advertising Requirements.--No
11 commissioner or commissioners shall evade the provisions of
12 section one thousand eight hundred two as to advertising for
13 bids, by purchasing or contracting for services and personal
14 properties piecemeal for the purpose of obtaining prices under
15 [two thousand dollars] five thousand dollars TWO THOUSAND FIVE <--
16 HUNDRED DOLLARS upon transactions, which transactions should, in
17 the exercise of reasonable discretion and prudence, be conducted
18 as one transaction amounting to more than [two thousand dollars]
19 five thousand dollars. TWO THOUSAND FIVE HUNDRED DOLLARS. This <--
20 provision is intended to make unlawful the evading of
21 advertising requirements by making a series of purchases or
22 contracts each for less than the advertising requirement price,
23 or by making several simultaneous purchases or contracts, each
24 below said price, when in either case, the transactions involved
25 should have been made as one transaction for one price. Any
26 commissioners who so vote in violation of this provision, and
27 who know that the transaction upon which they so vote is or
28 ought to be a part of a larger transaction, and that it is being
29 divided in order to evade the requirements as to advertising for
30 bids, shall be jointly and severally subject to surcharge for
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1 ten per centum of the full amount of the contract or purchase.
2 Whenever it shall appear that a commissioner may have voted in
3 violation of this section, but the purchase or contract on which
4 he so voted was not approved by the board of commissioners, this
5 section shall be inapplicable.
6 SECTION 2. THE PROVISIONS OF THIS ACT SHALL BE CONSTRUED IN <--
7 A MANNER CONSISTENT WITH THE ACT OF MARCH 3, 1978 (NO.3), KNOWN
8 AS THE "STEEL PRODUCTS PROCUREMENT ACT."
9 Section 2. 3. This act shall take effect in 60 days. <--
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