PRINTER'S NO. 2992
No. 2190 Session of 1986
INTRODUCED BY GODSHALL, TRELLO, KUKOVICH, NOYE, G. M. SNYDER,
YANDRISEVITS, MORRIS, BROUJOS, SAURMAN, MOEHLMANN, STABACK,
SHOWERS, HERMAN, CARLSON, GLADECK, AFFLERBACH, SEMMEL,
BALDWIN, HALUSKA AND HERSHEY, FEBRUARY 19, 1986
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 19, 1986
AN ACT
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," restricting certain
5 persons from bidding on contracts.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 2001 of the act of July 28, 1953
9 (P.L.723, No.230), known as the Second Class County Code, is
10 amended by adding subsections to read:
11 Section 2001. County Commissioners to Make Contracts.--The
12 County Commissioners may make contracts for lawful purposes and
13 for the purposes of carrying into execution the provisions of
14 this section and the laws of the Commonwealth.
15 * * *
16 (g) No person who has been convicted of a Federal or State
17 crime involving fraud upon a government or a government
18 instrumentality, and no entity in which that person has an
1 interest, may bid on a contract for a period of ten years after
2 the conviction. For purposes of this subsection, fraud includes,
3 but is not limited to:
4 (1) A misrepresentation of a material fact that is not made
5 honestly and in good faith.
6 (2) A promise, representation or prediction as to the future
7 that is not made honestly and in good faith.
8 (3) An intentional failure to disclose a material fact.
9 (4) A fictitious or pretended purchase or sale of a
10 security.
11 (5) The gaining, through the sale of a security, of an
12 underwriting or promotion fee or profit or a selling or managing
13 fee or profit that is so gross or exorbitant as to be
14 unconscionable, including a scheme, device or artifice to obtain
15 such a profit, fee or commission.
16 (6) A scheme, device or artifice to defraud a prospective or
17 actual customer, client or subscriber of securities, money or
18 property.
19 (h) In the case of a bid involving the collection,
20 transportation, treatment, storage or disposal of solid waste or
21 hazardous waste under the act of July 7, 1980 (P.L.380, No.97),
22 known as the Solid Waste Management Act, the following shall
23 apply:
24 (1) A bid may be rejected by the county commissioners if:
25 (i) the county commissioners have reason to believe that the
26 bidder's responsibility, character and general fitness for
27 business do not command the confidence of the public and may not
28 be conducive to the honest and efficient conduct of business in
29 the best interest of the public; or
30 (ii) the bidder's prior performance record in the
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1 collection, transportation, treatment, storage or disposal of
2 solid waste exhibited insufficient reliability, expertise or
3 competency to warrant the belief that the bidder would be likely
4 to exhibit sufficient reliability, expertise or competence with
5 respect to the contract being bid.
6 (2) The county may require the following information to be
7 submitted with the bid:
8 (i) if the bidder has an equity interest in a company which
9 collects, transports, treats, stores or disposes of solid waste
10 or hazardous waste, the name and address of that company;
11 (ii) a description of the bidder's experience and
12 credentials in collection, transportation, treatment, storage or
13 disposal of solid waste or hazardous waste, including past or
14 present licenses;
15 (iii) if the bidder is an entity, the names of the officers
16 and directors or partners;
17 (iv) a list and explanation of Federal, State and local
18 notices of violation, prosecutions, administrative orders and
19 license revocations, for the ten years immediately preceding the
20 bid submission, if the action is pending or has resulted in a
21 finding or a settlement of a violation of law by the bidder or
22 its employes, and, in the case of an entity, by an officer or
23 director or a partner, relating to the collection,
24 transportation, treatment, storage or disposal of solid waste or
25 hazardous waste;
26 (v) a list and explanation of judgments of civil liability
27 and convictions against the bidder or its employes and, in the
28 case of an entity, against an officer or director or a partner;
29 (vi) a list of agencies outside of this Commonwealth which
30 had regulatory authority over the bidder in connection with the
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1 collection, transportation, treatment, storage or disposal of
2 solid waste or hazardous waste; and
3 (vii) other information that the county commissioners deem
4 relevant to the competency, reliability or good character of the
5 bidder.
6 Section 2. This act shall take effect in 60 days.
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