PRINTER'S NO. 712
No. 670 Session of 1997
INTRODUCED BY ROBBINS, CORMAN, THOMPSON, STOUT AND AFFLERBACH, MARCH 12, 1997
REFERRED TO LOCAL GOVERNMENT, MARCH 12, 1997
AN ACT 1 Amending the act of October 27, 1979 (P.L.241, No.78), entitled 2 "An act authorizing political subdivisions, municipality 3 authorities and transportation authorities to enter into 4 contracts for the purchase of goods where no bids are 5 received," providing for the sale of real and personal 6 property. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. The title and sections 1, 2, 3 and 4 of the act 10 of October 27, 1979 (P.L.241, No.78), entitled "An act 11 authorizing political subdivisions, municipality authorities and 12 transportation authorities to enter into contracts for the 13 purchase of goods where no bids are received," are amended to 14 read: 15 AN ACT 16 Authorizing political subdivisions, municipality authorities and 17 transportation authorities to enter into contracts for the 18 purchase of goods, and the sale of real and personal 19 property, where no bids are received.
1 Section 1. Nonreceipt of bids. 2 (a) Purchase of goods.--When a political subdivision, 3 municipality authority or transportation authority advertises 4 for bids on an item and no bids are received, the political 5 subdivision, municipality authority or transportation authority 6 shall rebid the item. If again such bids are not received, the 7 political subdivision, municipality authority or transportation 8 authority may purchase or enter into contracts for the purchase 9 of any item where no bids are received from suppliers for the 10 item within 45 days of the date of second advertisement 11 therefor. 12 (b) Sale of property.--When a political subdivision, 13 municipality authority or transportation authority is required 14 to advertise for bids in order to sell real or personal property 15 and no bids are received, the political subdivision, 16 municipality authority or transportation authority may proceed 17 as follows: 18 (1) The political subdivision, municipality authority or 19 transportation authority may advertise for bids a second 20 time. 21 (2) If no bids are received within 15 days of the second 22 advertisement, the political subdivision, municipality 23 authority or transportation authority may initiate 24 negotiations for a private sale of the property, taking into 25 consideration its fair market value. 26 (3) The political subdivision, municipality authority or 27 transportation authority must publicly announce the identity 28 of the parties, the sale price, and a summary of the other 29 terms and conditions relating to any proposed private sale at 30 a regular or special meeting of its governing body. 19970S0670B0712 - 2 -
1 (4) After the public announcement of the sale is made in 2 accordance with paragraph (3), at least 30 days must elapse 3 before a political subdivision, municipality authority or 4 transportation authority may authorize the private sale in 5 accordance with this subsection. 6 Section 2. Applicability of act. 7 The provisions of [the] this act shall apply only when such 8 political subdivision, municipality authority or transportation 9 authority has complied with the provisions of law as to 10 advertising for bids and no bids were submitted. 11 Section 3. Repeals. 12 All acts and parts of acts are repealed insofar as they are 13 inconsistent with this act. 14 Section 4. Effective date. 15 This act shall take effect immediately. 16 Section 2. This act shall take effect immediately. A17L53MRD/19970S0670B0712 - 3 -