PRIOR PRINTER'S NO. 2992 PRINTER'S NO. 3575
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, HERSHEY AND BELFANTI, FEBRUARY 19, 1986
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 5, 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 OR ENTITY WHICH, AS A CONTRACTOR OR <--
17 SUBCONTRACTOR, SUPPLIED GOODS OR SERVICES TO A GOVERNMENT OR
18 GOVERNMENT INSTRUMENTALITY AND has been convicted of, OR HAS <--
1 PLEADED GUILTY OR NOLO CONTENDERE TO, a Federal or State crime
2 involving fraud upon a government or a government
3 instrumentality FOR ACTS OR OMISSIONS ARISING OUT OF THE <--
4 SUPPLYING OF GOODS OR SERVICES, and no entity in which that
5 person OR ENTITY has an A SUBSTANTIAL interest, may bid on a <--
6 contract for a period of ten THREE years after the SUCH <--
7 conviction OR PLEA. For purposes of this subsection, fraud THE <--
8 FOLLOWING WORDS AND PHRASES SHALL HAVE THE FOLLOWING MEANINGS:
9 (1) "CRIME" MEANS ANY CRIMINAL ACT COMMITTED AFTER THE
10 EFFECTIVE DATE OF THIS AMENDATORY ACT FOR WHICH THE MAXIMUM
11 POSSIBLE PENALTY EXCEEDS A FINE OF THREE HUNDRED DOLLARS ($300)
12 OR EXCEEDS IMPRISONMENT FOR NINETY DAYS.
13 (2) "ENTITY" MEANS ANY ASSOCIATION, CORPORATION, LIMITED
14 PARTNERSHIP, PARTNERSHIP, OR OTHER BUSINESS OR NONPROFIT
15 ORGANIZATION.
16 (3) "FRAUD" includes, but is not limited to:
17 (1) (I) A misrepresentation of a material fact that is not <--
18 made honestly and in good faith.
19 (2) (II) A promise, representation or prediction as to the <--
20 future that is not made honestly and in good faith.
21 (3) (III) An intentional failure to disclose a material <--
22 fact.
23 (4) (IV) A fictitious or pretended purchase or sale of a <--
24 security.
25 (5) (V) The gaining, through the sale of a security, of an <--
26 underwriting or promotion fee or profit or a selling or managing
27 fee or profit that is so gross or exorbitant as to be
28 unconscionable, including a scheme, device or artifice to obtain
29 such a profit, fee or commission.
30 (6) (VI) A scheme, device or artifice to defraud a <--
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1 prospective or actual customer, client or subscriber of
2 securities, money or property.
3 (h) In the case of a bid involving the collection, <--
4 transportation, treatment, storage or disposal of solid waste or
5 hazardous waste under the act of July 7, 1980 (P.L.380, No.97),
6 known as the Solid Waste Management Act, the following shall
7 apply:
8 (1) A bid may be rejected by the county commissioners if:
9 (i) the county commissioners have reason to believe that the
10 bidder's responsibility, character and general fitness for
11 business do not command the confidence of the public and may not
12 be conducive to the honest and efficient conduct of business in
13 the best interest of the public; or
14 (ii) the bidder's prior performance record in the
15 collection, transportation, treatment, storage or disposal of
16 solid waste exhibited insufficient reliability, expertise or
17 competency to warrant the belief that the bidder would be likely
18 to exhibit sufficient reliability, expertise or competence with
19 respect to the contract being bid.
20 (2) The county may require the following information to be
21 submitted with the bid:
22 (i) if the bidder has an equity interest in a company which
23 collects, transports, treats, stores or disposes of solid waste
24 or hazardous waste, the name and address of that company;
25 (ii) a description of the bidder's experience and
26 credentials in collection, transportation, treatment, storage or
27 disposal of solid waste or hazardous waste, including past or
28 present licenses;
29 (iii) if the bidder is an entity, the names of the officers
30 and directors or partners;
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1 (iv) a list and explanation of Federal, State and local
2 notices of violation, prosecutions, administrative orders and
3 license revocations, for the ten years immediately preceding the
4 bid submission, if the action is pending or has resulted in a
5 finding or a settlement of a violation of law by the bidder or
6 its employes, and, in the case of an entity, by an officer or
7 director or a partner, relating to the collection,
8 transportation, treatment, storage or disposal of solid waste or
9 hazardous waste;
10 (v) a list and explanation of judgments of civil liability
11 and convictions against the bidder or its employes and, in the
12 case of an entity, against an officer or director or a partner;
13 (vi) a list of agencies outside of this Commonwealth which
14 had regulatory authority over the bidder in connection with the
15 collection, transportation, treatment, storage or disposal of
16 solid waste or hazardous waste; and
17 (vii) other information that the county commissioners deem
18 relevant to the competency, reliability or good character of the
19 bidder.
20 (4) "STATE" MEANS THE DISTRICT OF COLUMBIA AND ANY <--
21 POSSESSION, STATE, TERRITORY OR TRUSTEESHIP OF THE UNITED
22 STATES.
23 (5) "SUBSTANTIAL INTEREST" MEANS SERVING AS A DIRECTOR,
24 LIMITED PARTNER, OFFICER, PARTNER OR PROPRIETOR, OR OWNING MORE
25 THAN TEN PER CENTUM OF THE NUMBER OF SHARES OF VOTING STOCK OR
26 MORE THAN TWENTY PER CENTUM OF THE TOTAL NUMBER OF SHARES OF
27 STOCK.
28 (H) THE COUNTY MAY REQUIRE THE FOLLOWING INFORMATION TO BE
29 SUBMITTED WITH THE BID: A SWORN STATEMENT BY THE BIDDER AND, IF
30 THE AFFIANT IS AN ENTITY, BY EVERY PERSON OR ENTITY HAVING A
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1 SUBSTANTIAL INTEREST THEREIN, LISTING ALL FEDERAL AND STATE
2 CONVICTIONS OF, AND PLEAS OF GUILTY OR NOLO CONTENDERE TO, ANY
3 CRIME WITHIN THREE YEARS PRIOR TO THE DATE OF THE STATEMENT,
4 SAID STATEMENT TO BE DATED NO MORE THAN ONE WEEK PRIOR TO THE
5 DATE SET FOR THE OPENING OF BIDS.
6 Section 2. This act shall take effect in 60 days.
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