PRINTER'S NO. 2998
No. 2196 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 May 27, 1953 (P.L.244, No.34), entitled "An
2 act relating to and regulating the contracts of incorporated
3 towns and providing penalties," restricting certain persons
4 from bidding on contracts.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 2 of the act of May 27, 1953 (P.L.244,
8 No.34), entitled "An act relating to and regulating the
9 contracts of incorporated towns and providing penalties," is
10 amended by adding subsections to read:
11 Section 2. Regulation of Contracts.--* * *
12 (f) No person who has been convicted of a Federal or State
13 crime involving fraud upon a government or a government
14 instrumentality, and no entity in which that person has an
15 interest, may bid on a contract for a period of ten years after
16 the conviction. For purposes of this subsection, fraud includes,
17 but is not limited to:
18 (1) A misrepresentation of a material fact that is not made
1 honestly and in good faith.
2 (2) A promise, representation or prediction as to the future
3 that is not made honestly and in good faith.
4 (3) An intentional failure to disclose a material fact.
5 (4) A fictitious or pretended purchase or sale of a
6 security.
7 (5) The gaining, through the sale of a security, of an
8 underwriting or promotion fee or profit or a selling or managing
9 fee or profit that is so gross or exorbitant as to be
10 unconscionable. This paragraph includes a scheme, device or
11 artifice to obtain such a profit, fee or commission.
12 (6) A scheme, device or artifice to defraud a prospective or
13 actual customer, client or subscriber of securities, money or
14 property.
15 (g) In the case of a bid involving the collection,
16 transportation, treatment, storage or disposal of solid waste or
17 hazardous waste under the act of July 7, 1980 (P.L.380, No.97),
18 known as the "Solid Waste Management Act," the following shall
19 apply:
20 (1) A bid may be rejected by the council if one of the
21 following applies:
22 (i) The council have reason to believe that the bidder's
23 responsibility, character and general fitness for business do
24 not command the confidence of the public and may not be
25 conducive to the honest and efficient conduct of business in the
26 best interest of the public.
27 (ii) The bidder's prior performance record in the
28 collection, transportation, treatment, storage or disposal of
29 solid waste exhibited insufficient reliability, expertise or
30 competency to warrant the belief that the bidder would be likely
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1 to exhibit sufficient reliability, expertise or competence with
2 respect to the contract being bid.
3 (2) The council may require the following information to be
4 submitted with the bid:
5 (i) If the bidder has an equity interest in a company which
6 collects, transports, treats, stores or disposes of solid waste
7 or hazardous waste, the name and address of that company.
8 (ii) A description of the bidder's experience and
9 credentials in collection, transportation, treatment, storage or
10 disposal of solid waste or hazardous waste. This includes past
11 or present licenses.
12 (iii) If the bidder is an entity, the names of the officers
13 and directors or partners.
14 (iv) A list and explanation of Federal, State and local
15 notices of violation, prosecutions, administrative orders and
16 license revocations, for the ten years immediately preceding the
17 bid submission, if the action is pending or has resulted in a
18 finding or a settlement of a violation of law by the bidder or
19 its employes, and, in the case of an entity, by an officer or
20 director or a partner, relating to the collection,
21 transportation, treatment, storage or disposal of solid waste or
22 hazardous waste.
23 (v) A list and explanation of judgments of civil liability
24 and convictions against the bidder or its employes and, in the
25 case of an entity, against an officer or director or a partner.
26 (vi) A list of agencies outside of this Commonwealth which
27 had regulatory authority over the bidder in connection with the
28 collection, transportation, treatment, storage or disposal of
29 solid waste or hazardous waste.
30 (vii) Other information that the council deems relevant to
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1 the competency, reliability or good character of the bidder.
2 Section 2. This act shall take effect in 60 days.
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