SENATE AMENDED

 

PRIOR PRINTER'S NOS. 243, 1436, 2427

PRINTER'S NO.  2551

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

290

Session of

2011

  

  

INTRODUCED BY M. K. KELLER, AUMENT, BAKER, BEAR, BENNINGHOFF, BLOOM, BOBACK, BOYD, BROOKS, CAUSER, CHRISTIANA, CLYMER, COX, CREIGHTON, CUTLER, DELOZIER, DENLINGER, ELLIS, EVERETT, FARRY, FLECK, GABLER, GEIST, GILLESPIE, GINGRICH, GRELL, GROVE, HALUSKA, HARHART, HARPER, HARRIS, HELM, HENNESSEY, HESS, HICKERNELL, KAUFFMAN, KILLION, KNOWLES, MAJOR, MARSHALL, MARSICO, MASSER, METCALFE, MILLARD, MILLER, MOUL, OBERLANDER, O'NEILL, PAYNE, PEIFER, PERRY, PICKETT, PYLE, QUIGLEY, QUINN, RAPP, REED, REICHLEY, ROAE, ROCK, ROSS, SAYLOR, SCAVELLO, CULVER, SCHRODER, SIMMONS, SONNEY, STERN, STEVENSON, SWANGER, TALLMAN, TOBASH, TRUITT, TURZAI, VEREB, VULAKOVICH, WATSON AND F. KELLER, JANUARY 27, 2011

  

  

SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, OCTOBER 17, 2011   

  

  

  

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," in preliminary

5

provisions, providing for adjustments based on Consumer Price

6

Index relating to contracts and purchases; in sheriff and

<--

7

coroner, further providing for chief deputy, for deputies and

8

clerks, for public list of applicants for deputy sheriff and

9

for sheriff's employees and counties of the second class; in

10

contracts, further regulating contracts and purchases; and, 

11

in grounds, property and buildings, further providing for

<--

12

separate specifications and contracts for certain items; and,

<--

13

in sports and exhibition authority, further providing for 

14

competition in award of contracts.

15

The General Assembly of the Commonwealth of Pennsylvania

16

hereby enacts as follows:

17

Section 1.  The act of July 28, 1953 (P.L.723, No.230), known

<--

18

as the Second Class County Code, is amended by adding a section

 


1

to read:

2

Section 112.  Adjustments Based on Change in Consumer Price

3

Index.--(a)  Adjustments to the base amounts specified under

4

sections 2001(a) and (d), 2517(a) and 2511-A(a), (b), (b.1) and

5

(h) shall be made as follows:

6

(1)  The Department of Labor and Industry shall determine the

7

percentage change in the All Items Consumer Price Index for All

8

Urban Consumers (CPI-U) for the United States City Average as

9

published by the United States Department of Labor, Bureau of

10

Labor Statistics for the twelve-month period ending September 30

11

of the calendar year in which this subsection becomes effective,

12

and for each successive twelve-month period thereafter.

13

(2)  If the department determines that there is no positive

14

percentage change, then no adjustment to the base amounts shall

15

occur for the relevant time period provided for in this

16

subsection.

17

(3)  (i)  If the department determines that there is a

18

positive percentage change in the first year that the

19

determination is made under paragraph (1), the positive

20

percentage change shall be multiplied by each base amount and

21

the products shall be added to the base amounts, respectively,

22

and the sums shall be preliminary adjusted amounts.

23

(ii)  The preliminary adjusted amounts shall be rounded to

24

the nearest one thousand dollars ($1,000), to determine the

25

final adjusted base amounts for purposes of sections 2001(a) and

26

(d), 2517(a) and 2511-A(a), (b), (b.1) and (h).

27

(4)  In each successive year in which there is a positive

28

percentage change in the CPI-U for the United States City

29

Average, the positive percentage change shall be multiplied by

30

the most recent preliminary adjusted amounts and the products

- 2 -

 


1

shall be added to the most recent preliminary adjusted amounts,

2

respectively. The sums thereof shall be rounded to the nearest

3

one thousand dollars ($1,000) to determine the new final

4

adjusted base amounts for purposes of sections 2001(a) and (d),

5

2517(a) and 2511-A(a), (b), (b.1) and (h).

6

(5)  The determinations and adjustments required under this

7

subsection shall be made in the period between October 1 and

8

November 15 of the year following the effective date of this

9

subsection, and annually between October 1 and November 15 of

10

each year thereafter.

11

(6)  The final adjusted base amounts and new final adjusted

12

base amounts obtained under paragraphs (3) and (4) shall become

13

effective January 1 for the calendar year following the year in

14

which the determination required under paragraph (1) is made.

15

(7)  The department shall publish notice in the Pennsylvania

16

Bulletin prior to January 1 of each calendar year of the annual

17

percentage change determined under paragraph (1) and the

18

unadjusted or final adjusted base amounts determined under

19

paragraphs (3) and (4) for purposes of sections 2001(a) and (d),

20

2517(a) and 2511-A(a), (b), (b.1) and (h), respectively, for the

21

calendar year beginning the first day of January after

22

publication of the notice. The notice shall include a written

23

and illustrative explanation of the calculations performed by

24

the department in establishing the unadjusted or final adjusted

25

base amounts under this subsection for the ensuing calendar

26

year.

27

(b)  (Reserved).

28

Section 2.  Section 2001(a) and (d) of the act, amended

29

November 30, 2004 (P.L.1439, No.186), are amended to read:

30

Section 2001.  County Commissioners to Make Contracts.-The

- 3 -

 


1

County Commissioners may make contracts for lawful purposes and

2

for the purposes of carrying into execution the provisions of

3

this section and the laws of the Commonwealth.

4

(a)  Except as provided in subsection (a.1), all contracts or

5

purchases in excess of [ten thousand dollars ($10,000)] the base

6

amount of twenty-five thousand dollars ($25,000), subject to

7

annual adjustment under section 112, shall be in writing and,

8

except those hereinafter mentioned and except as provided by the

9

act of October 27, 1979 (P.L.241, No.78), entitled "An act

10

authorizing political subdivisions, municipality authorities and

11

transportation authorities to enter into contracts for the

12

purchase of goods and the sale of real and personal property

13

where no bids are received," shall not be made except with and

14

from the lowest responsible and responsive bidder meeting

15

specifications, after due notice in at least one newspaper of

16

general circulation, published or circulating in the county at

17

least two (2) times, at intervals of not less than three (3)

18

days where daily newspapers of general circulation are employed

19

for such publication, or in case weekly newspapers are employed,

20

then the notice shall be published once a week for two (2)

21

successive weeks. The first advertisement shall be published not

22

less than ten (10) days prior to the date fixed for the opening

23

of bids.

24

* * *

25

(d)  The contracts or purchases made by the commissioners

26

involving an expenditure [of over ten thousand dollars

27

($10,000)] in the excess of the base amount of twenty-five

28

thousand dollars ($25,000), subject to annual adjustment under

29

section 112, which shall not require advertising or bidding as

30

hereinbefore provided are as follows:

- 4 -

 


1

(1)  Those for maintenance, repairs or replacements for

2

water, electric light, or other public works: Provided, That

3

they do not constitute new additions, extensions or enlargements

4

of existing facilities and equipment. Security may be required

5

by the county commissioners as in other cases of work done.

6

(2)  Those made for improvements, repairs and maintenance of

7

any kind made or provided by the county through its own

8

employes. This paragraph shall not apply to construction

9

materials used in a street improvement.

10

(3)  Those where particular types, models or pieces of new

11

equipment, articles, apparatus, appliances, vehicles or parts

12

thereof are desired by the county commissioners, which are

13

patented and manufactured products or copyrighted products.

14

(4)  Those involving any policies of insurance or surety

15

company bonds, those made for public utility service and

16

electricity, natural gas or telecommunication services:

17

Provided, That, in the case of utilities not under tariffs on

18

file with the Pennsylvania Public Utility Commission, contracts

19

made without advertising and bidding shall be made only after

20

receiving written or telephonic price quotations from at least

21

three (3) qualified and responsible contractors, or in lieu of

22

price quotations a memorandum shall be kept on file showing that

23

fewer than three (3) qualified contractors exist in the market

24

area within which it is practicable to obtain quotations. A

25

written record of telephonic price quotations shall be made and

26

contain at least the date of the quotation, the name of the

27

contractor and the contractor's representative.

28

(5)  Those involving personal or professional services,

29

including, but not limited to, services of members of the

30

medical or legal profession, registered architects, engineers,

- 5 -

 


1

certified public accountants or other personal services

2

involving professional expertise.

3

(6)  Those involving tangible client services provided by

4

nonprofit agencies. For the purposes of this clause, the term

5

"tangible client services" shall mean congregate meals, home-

6

delivered meals, transportation and chore services provided

7

through area agencies on aging.

8

(6.1)  Those involving contracts entered into by nonprofit

9

cooperative hospital service associations for hospitals and

10

nursing homes which are part of the institutional district or

11

which are owned by the county, operated by the county or

12

affiliated with the county by the purchasing of or participating

13

in contracts for materials, supplies and equipment.

14

(7)  Those involving the purchase of milk.

15

(8)  Those made with any public body, including, but not

16

limited to, the sale, lease or loan of any supplies or materials

17

to the county by a public body, provided that the price thereof

18

shall not be in excess of that fixed by the public body. The

19

requirements of 53 Pa.C.S. Ch. 23 Subch. A (relating to

20

intergovernmental cooperation) shall not apply when a county

21

purchases cooperatively with another public body which has

22

entered into a contract for supplies or materials. As used in

23

this paragraph, "public body" shall mean any of the following:

24

(i)  the Federal Government;

25

(ii)  the Commonwealth of Pennsylvania;

26

(iii)  any other state;

27

(iv)  a political subdivision, local or municipal authority

28

or other similar local entity of the Commonwealth or any other

29

state; or

30

(v)  an agency of the Federal Government, the Commonwealth or

- 6 -

 


1

any other state.

2

(9)  Those exclusively involving construction management

3

services.

4

(10)  Those involving computer software.

5

* * *

6

Section 3.  Section 2517(a) of the act, amended December 9,

7

2002 (P.L.1383, No.170), is amended to read:

8

Section 2517.  Separate Specifications and Contracts for

9

Certain Items.-(a)  In the preparation of specifications for the

10

erection, construction and alteration of any public building,

11

when the entire cost of such work shall exceed [ten thousand

12

dollars ($10,000)] the base amount of twenty-five thousand

13

dollars ($25,000), subject to annual adjustment under section

14

112, the architect, engineer or other person preparing such

15

specifications shall prepare separate specifications for the

16

plumbing, heating, ventilating and electrical work. The board of

17

commissioners shall receive separate bids upon each of the said

18

branches of work and award the contract for the same to the

19

lowest responsible bidder for each of said branches.

20

* * *

21

Section 4.  Section 2511-A(a), (b), (b.1) and (h) of the act,

22

added October 30, 2000 (P.L.616, No.85), are amended to read:

23

Section 2511-A.  Competition in Award of Contracts.--(a)  All

24

construction, reconstruction, repairs or work of any nature made

25

by any Authority, where the entire cost, value or amount of such

26

construction, reconstruction, repairs or work, including labor

27

and materials, shall exceed [ten thousand dollars ($10,000)] the

28

base amount of twenty-five thousand dollars ($25,000), subject

29

to annual adjustment under section 112, except construction,

30

reconstruction, repairs or work done by employes of said

- 7 -

 


1

Authority or by labor supplied under agreement with any Federal

2

or State agency with supplies and materials purchased, as

3

hereinafter provided, shall be done only under contract or

4

contracts to be entered into by the Authority with the lowest

5

responsible bidder upon proper terms, after due public notice

6

has been given asking for competitive bids hereinafter provided.

7

No contract shall be entered into for construction or

8

improvement or repair of any project or portion thereof unless

9

the contractor shall give an undertaking, with a sufficient

10

surety or sureties approved by the Authority and in an amount

11

fixed by the Authority, for the faithful performance of the

12

contract. All such contracts shall provide, among other things,

13

that the person or corporation entering into such contract with

14

the Authority will pay for all materials furnished and services

15

rendered for the performance of the contract and that any person

16

or corporation furnishing such materials or rendering such

17

services may maintain an action to recover for the same against

18

the obligor in the undertaking as though such person or

19

corporation was named therein, provided the action is brought

20

within one (1) year after the time the cause of action accrued.

21

Nothing in this section shall be construed to limit the power of

22

the Authority to construct, repair or improve any project or

23

portion thereof or any addition, betterment or extension thereto

24

directly by the officers, agents and employes of the Authority

25

or otherwise than by contract.

26

(b)  All supplies and materials costing [ten thousand dollars

27

($10,000)] the base amount of twenty-five thousand dollars

28

($25,000), subject to annual adjustment under section 112, or

29

more shall be purchased only after due advertisement as

30

hereinafter provided. The Authority shall accept the lowest bid

- 8 -

 


1

or bids, kinds, quality and material being equal, but the

2

Authority shall have the right to reject any or all bids or

3

select a single item from any bid. The provisions as to bidding

4

shall not apply to the purchase of patented and manufactured

5

products offered for sale in a non-competitive market or solely

6

by a manufacturer's authorized dealer.

7

(b.1)  Written or telephonic price quotations from at least

8

three (3) qualified and responsible contractors shall be

9

requested for all contracts that exceed [four thousand dollars

10

($4,000)] the base amount of ten thousand dollars ($10,000),

11

subject to annual adjustment under section 112, but are less

12

than the amount requiring advertisement and competitive bidding,

13

or, in lieu of price quotations, a memorandum shall be kept on

14

file showing that fewer than three (3) qualified contractors

15

exist in the market area within which it is practicable to

16

obtain quotations. A written record of telephonic price

17

quotations shall be made and shall contain at least the date of

18

the quotation, the name of the contractor and the contractor's

19

representative, the construction, reconstruction, repair,

20

maintenance or work which was the subject of the quotation and

21

the price. Written price quotations, written records of

22

telephonic price quotations and memoranda shall be retained for

23

a period of three (3) years.

24

* * *

25

(h)  An Authority shall not evade the provisions of this

26

section as to advertising for bids or purchasing materials or

27

contracting for services piecemeal for the purpose of obtaining

28

prices under [ten thousand dollars ($10,000)] the base amount of

29

twenty-five thousand dollars ($25,000), subject to annual

30

adjustment under section 112, upon transactions which should, in

- 9 -

 


1

the exercise of reasonable discretion and prudence, be conducted

2

as one transaction amounting to more than [ten thousand dollars

3

($10,000)] the base amount of twenty-five thousand dollars

4

($25,000), subject to annual adjustment under section 112. This

5

provision is intended to make unlawful the practice of evading

6

advertising requirements by making a series of purchases or

7

contracts each for less than the advertising requirement price

8

or by making several simultaneous purchases or contracts each

9

below said price when in either case the transaction involved

10

should have been made as one transaction for one price.

11

* * *

12

Section 5.  This act shall apply to contracts and purchases

13

advertised on or after January 1 of the year following the

14

effective date of this section.

15

Section 6.  This act shall take effect immediately.

16

Section 1.  The act of July 28, 1953 (P.L.723, No.230), known

<--

17

as the Second Class County Code, is amended by adding a section

18

to read:

19

Section 112.  Adjustments Based on Consumer Price Index.--(a)  

20

Adjustments to the base amounts shall be made as follows:

21

(1)  The Department of Labor and Industry shall determine the

22

percentage change in the All Items Consumer Price Index for All

23

Urban Consumers (CPI-U) for the United States City Average as

24

published by the United States Department of Labor, Bureau of

25

Labor Statistics for the twelve-month period ending September

26

30, 2012, and for each successive twelve-month period

27

thereafter.

28

(2)  If the department determines that there is no positive

29

percentage change, then no adjustment to the base amounts shall

30

occur for the relevant time period provided for in this

- 10 -

 


1

subsection.

2

(3)  (i)  If the department determines that there is a

3

positive percentage change in the first year that the

4

determination is made under paragraph (1), the positive

5

percentage change shall be multiplied by each base amount and

6

the products shall be added to the base amounts, respectively,

7

and the sums shall be preliminary adjusted amounts.

8

(ii)  The preliminary adjusted amounts shall be rounded to

9

the nearest one hundred dollars ($100), to determine the final

10

adjusted base amounts.

11

(4)  In each successive year in which there is a positive

12

percentage change in the CPI-U for the United States City

13

Average, the positive percentage change shall be multiplied by

14

the most recent preliminary adjusted amounts and the products

15

shall be added to the preliminary adjusted amount of the prior

16

year to calculate the preliminary adjusted amounts for the

17

current year. The sums thereof shall be rounded to the nearest

18

one hundred dollars ($100) to determine the new final adjusted

19

base amounts.

20

(5)  The determinations and adjustments required under this

21

subsection shall be made in the period between October 1 and

22

November 15 of the year following the effective date of this

23

subsection, and annually between October 1 and November 15 of

24

each year thereafter.

25

(6)  The final adjusted base amounts and new final adjusted

26

base amounts obtained under paragraphs (3) and (4) shall become

27

effective January 1 for the calendar year following the year in

28

which the determination required under paragraph (1) is made.

29

(7)  The department shall publish notice in the Pennsylvania

30

Bulletin prior to January 1 of each calendar year of the annual

- 11 -

 


1

percentage change determined under paragraph (1) and the

2

unadjusted or final adjusted base amounts determined under

3

paragraphs (3) and (4) at which competitive bidding or written

4

or telephonic price quotations are required for the calendar

5

year beginning the first day of January after publication of the

6

notice. The notice shall include a written and illustrative

7

explanation of the calculations performed by the department in

8

establishing the unadjusted or final adjusted base amounts under

9

this subsection for the ensuing calendar year.

10

(8)  The annual increase in the preliminary adjusted base

11

amounts obtained under paragraphs (3) and (4) shall not exceed

12

three per cent.

13

Section 2.  Sections 1203, 1205 and 1209 of the act are

<--

14

amended to read:

15

Section 1203.  Chief Deputy.--The sheriff of the county shall

16

appoint in accordance with section 1216, by commission duly

17

recorded in the [office for recording deeds] department of real

18

estate, a chief deputy, whose appointment shall be revocable by

19

the sheriff at pleasure on recording in said [office] department 

20

a signed revocation thereof. The chief deputy, during his

21

continuance in office, shall have full power and authority to

22

perform any duty incumbent upon such sheriff with like effect in

23

law as if such official act had been done by the sheriff in

24

person, regardless of the ability or temporary disability of

25

such sheriff to act while such sheriff continues in office.

26

Nothing in this section shall operate to relieve such sheriff or

27

his sureties from liability upon their official bond.

28

Section 1205.  Deputies and Clerks.--The sheriff of the

29

county may appoint in accordance with section 1216 such deputies

30

and clerks as may be necessary to properly transact the business

- 12 -

 


1

of his office. [He may revoke the appointment of deputies in the

2

same manner as his chief deputy.]

3

Section 1209.  Public List of Applicants for Deputy

4

Sheriff.--The sheriff shall, from time to time, prepare a list

5

of the names of all persons who have applied for appointment as

6

deputy sheriff and who meet the qualifications hereinbefore

7

prescribed. Such list shall be posted in a public place for a

8

period of not less than ten days, and thereafter shall be filed

9

in the [office of the prothonotary] department of court records

10

- civil division. No deputies shall be appointed by the sheriff

11

whose names do not appear on said list.

12

Section 3.  Section 1216 of the act, added January 27, 1998

13

(P.L.1, No.1), is amended to read:

14

Section 1216.  Sheriff's Employes, Counties of Second

15

Class.--(a)  Appointment and promotion of deputies and other

16

employes in the office of sheriff of a county of the second

17

class shall be made in the manner provided by the act of May 31,

18

1974 (P.L.296, No.94), entitled "An act providing for the

19

appointment, promotion, reduction in rank, suspension, furlough,

20

discharge and reinstatement of deputy sheriffs in counties of

21

the second class; extending civil service coverage to such

22

deputies; and providing penalties," except as otherwise provided

23

in this section.

24

(b)  Whenever a vacancy is likely to occur or is to be filled

25

in a permanent position in the office of sheriff, the sheriff

26

shall submit to the [civil service commission] department of

27

human resources a statement indicating the position to be

28

filled. The [civil service commission] department of human

29

resources shall thereupon certify to the sheriff the names of

30

the three eligibles willing to accept appointment who are

- 13 -

 


1

highest, according to the results of the written examination, on

2

the appropriate promotion list or employment list, whichever is

3

in existence. If there are less than three eligibles on

4

appropriate eligible lists who are willing to accept

5

appointment, the [civil service commission] department of human

6

resources shall certify all the names on these lists. If upon

7

inquiry by the [civil service commission] department of human

8

resources or appropriate authority any person on any promotion

9

or employment list is found to be not available for promotion or

10

appointment, the person's name shall not for the time being be

11

considered among the names from which a promotion or appointment

12

is to be made.

13

(c)  Appointees shall be selected for each existing vacancy

14

from the eligible list in the order of names of the three

15

persons thereon who have received the highest average on the

16

written examination. Examinations shall be administered for

17

positions of the rank of [captain] lieutenant and below, and

18

[appointments shall be made in the order of names of] interviews

19

shall be conducted with the three persons who have received the

20

highest average. Appointments shall be made from among the three

21

persons who received the highest average combined score of the

22

examination and interview.

23

(d)  Civil service examinations to test applicants shall

24

relate to such matters and include such inquiries as will fairly

25

test the merits and fitness of the persons examined to discharge

26

the duties of employment.

27

(e)  Probationary appointments to positions in the force may,

28

notwithstanding section 6 of the act of May 31, 1974 (P.L.296,

29

No.94), be terminated, for cause, prior to completion of the

30

nine-month probationary period.

- 14 -

 


1

(f)  Notwithstanding the provisions of section 1(c) of the

2

act of May 31, 1974 (P.L.296, No.94), all positions of the rank

3

of [captain] lieutenant and below shall be classified as

4

competitive, thereby extending civil service coverage to such

5

lieutenants in the applicable bargaining unit. Persons holding

6

positions of [captain] lieutenant or below on the effective date

7

of this section shall continue to occupy those positions but

8

shall fulfill the requirements of any future promotions on and

9

after the effective date of this amendment. New openings for a

10

vacancy in the position of [captain] lieutenant and below shall

11

be classified as competitive on and after the effective date of

12

this section.

13

(g)  In no case shall an applicant for promotion to the

14

position of sergeant in the sheriff's office be considered until

15

the applicant shall have first served three years in the

16

sheriff's [department] office as a deputy sheriff. No member of

17

the sheriff's office shall be eligible to take any promotional

18

examination for the position of sergeant until after serving

19

three (3) years in the sheriff's office as a deputy sheriff. No

20

member of the sheriff's office shall be eligible to take a

21

promotional examination for the position of lieutenant unless

22

the member holds the position of sergeant in the sheriff's

23

office. Each member of the sheriff's [department] office shall

24

have his examination mark or grade increased by an additional

25

one-half point for each year he served in the sheriff's

26

[department] office, but such additional points shall not exceed

27

ten points. Points shall be added to the mark or grade of only

28

those members passing the examination.

29

(h)  All applicants for examination shall undergo a physical

30

examination which shall be conducted under the supervision of a

- 15 -

 


1

doctor of medicine. No person shall be eligible for appointment

2

until a doctor certifies to the [commission] department of human

3

resources or appropriate authority that the applicant is free

4

from any [bodily or mental defects, deformity or disease that

5

might incapacitate] physical or mental conditions which would

6

preclude him or her from the discharge of the duties of the

7

position desired in the sheriff's [department] office.

8

Section 2 4.  Section 2001(a) and (d) of the act, amended

<--

9

November 30, 2004 (P.L.1439, No.186), are amended to read:

10

Section 2001.  County Commissioners to Make Contracts.--The

11

County Commissioners may make contracts for lawful purposes and

12

for the purposes of carrying into execution the provisions of

13

this section and the laws of the Commonwealth.

14

(a)  Except as provided in subsection (a.1), all contracts or

15

purchases in excess of [ten thousand dollars ($10,000)] the base

16

amount of eighteen thousand five hundred dollars ($18,500),

17

subject to adjustment under section 112, shall be in writing

18

and, except those hereinafter mentioned and except as provided

19

by the act of October 27, 1979 (P.L.241, No.78), entitled "An

20

act authorizing political subdivisions, municipality authorities

21

and transportation authorities to enter into contracts for the

22

purchase of goods and the sale of real and personal property

23

where no bids are received," shall not be made except with and

24

from the lowest responsible and responsive bidder meeting

25

specifications, after due notice in at least one newspaper of

26

general circulation, published or circulating in the county at

27

least two (2) times, at intervals of not less than three (3)

28

days where daily newspapers of general circulation are employed

29

for such publication, or in case weekly newspapers are employed,

30

then the notice shall be published once a week for two (2)

- 16 -

 


1

successive weeks. The first advertisement shall be published not

2

less than ten (10) days prior to the date fixed for the opening

3

of bids.

4

* * *

5

(d)  The contracts or purchases made by the commissioners

6

involving an expenditure of over [ten thousand dollars

7

($10,000)] the base amount of eighteen thousand five hundred

8

dollars ($18,500), subject to adjustment under section 112, 

9

which shall not require advertising or bidding as hereinbefore

10

provided are as follows:

11

(1)  Those for maintenance, repairs or replacements for

12

water, electric light, or other public works: Provided, That

13

they do not constitute new additions, extensions or enlargements

14

of existing facilities and equipment. Security may be required

15

by the county commissioners as in other cases of work done.

16

(2)  Those made for improvements, repairs and maintenance of

17

any kind made or provided by the county through its own

18

employes. This paragraph shall not apply to construction

19

materials used in a street improvement.

20

(3)  Those where particular types, models or pieces of new

21

equipment, articles, apparatus, appliances, vehicles or parts

22

thereof are desired by the county commissioners, which are

23

patented and manufactured products or copyrighted products.

24

(4)  Those involving any policies of insurance or surety

25

company bonds, those made for public utility service and

26

electricity, natural gas or telecommunication services:

27

Provided, That, in the case of utilities not under tariffs on

28

file with the Pennsylvania Public Utility Commission, contracts

29

made without advertising and bidding shall be made only after

30

receiving written or telephonic price quotations from at least

- 17 -

 


1

three (3) qualified and responsible contractors, or in lieu of

2

price quotations a memorandum shall be kept on file showing that

3

fewer than three (3) qualified contractors exist in the market

4

area within which it is practicable to obtain quotations. A

5

written record of telephonic price quotations shall be made and

6

contain at least the date of the quotation, the name of the

7

contractor and the contractor's representative.

8

(5)  Those involving personal or professional services,

9

including, but not limited to, services of members of the

10

medical or legal profession, registered architects, engineers,

11

certified public accountants or other personal services

12

involving professional expertise.

13

(6)  Those involving tangible client services provided by

14

nonprofit agencies. For the purposes of this clause, the term

15

"tangible client services" shall mean congregate meals, home-

16

delivered meals, transportation and chore services provided

17

through area agencies on aging.

18

(6.1)  Those involving contracts entered into by nonprofit

19

cooperative hospital service associations for hospitals and

20

nursing homes which are part of the institutional district or

21

which are owned by the county, operated by the county or

22

affiliated with the county by the purchasing of or participating

23

in contracts for materials, supplies and equipment.

24

(7)  Those involving the purchase of milk.

25

(8)  Those made with any public body, including, but not

26

limited to, the sale, lease or loan of any supplies or materials

27

to the county by a public body, provided that the price thereof

28

shall not be in excess of that fixed by the public body. The

29

requirements of 53 Pa.C.S. Ch. 23 Subch. A (relating to

30

intergovernmental cooperation) shall not apply when a county

- 18 -

 


1

purchases cooperatively with another public body which has

2

entered into a contract for supplies or materials. As used in

3

this paragraph, "public body" shall mean any of the following:

4

(i)  the Federal Government;

5

(ii)  the Commonwealth of Pennsylvania;

6

(iii)  any other state;

7

(iv)  a political subdivision, local or municipal authority

8

or other similar local entity of the Commonwealth or any other

9

state; or

10

(v)  an agency of the Federal Government, the Commonwealth or

11

any other state.

12

(9)  Those exclusively involving construction management

13

services.

14

(10)  Those involving computer software.

15

* * *

16

Section 3 5.  Section 2517(a) of the act, amended December 9,

<--

17

2002 (P.L.1383, No.170), is amended to read:

18

Section 2517.  Separate Specifications and Contracts for

19

Certain Items.--(a)  In the preparation of specifications for

20

the erection, construction and alteration of any public

21

building, when the entire cost of such work shall exceed [ten

22

thousand dollars ($10,000)] the base amount of eighteen thousand

23

five hundred dollars ($18,500), subject to adjustment under

24

section 112, the architect, engineer or other person preparing

25

such specifications shall prepare separate specifications for

26

the plumbing, heating, ventilating and electrical work. The

27

board of commissioners shall receive separate bids upon each of

28

the said branches of work and award the contract for the same to

29

the lowest responsible bidder for each of said branches.

30

* * *

- 19 -

 


1

Section 4 6.  Section 2511-A(a), (b), (b.1) and (h) of the

<--

2

act, added October 30, 2000 (P.L.616, No.85), are amended to

3

read:

4

Section 2511-A.  Competition in Award of Contracts.--(a)  All

5

construction, reconstruction, repairs or work of any nature made

6

by any Authority, where the entire cost, value or amount of such

7

construction, reconstruction, repairs or work, including labor

8

and materials, shall exceed [ten thousand dollars ($10,000)] the

9

base amount of eighteen thousand five hundred dollars ($18,500),

10

subject to adjustment under section 112, except construction,

11

reconstruction, repairs or work done by employes of said

12

Authority or by labor supplied under agreement with any Federal

13

or State agency with supplies and materials purchased, as

14

hereinafter provided, shall be done only under contract or

15

contracts to be entered into by the Authority with the lowest

16

responsible bidder upon proper terms, after due public notice

17

has been given asking for competitive bids hereinafter provided.

18

No contract shall be entered into for construction or

19

improvement or repair of any project or portion thereof unless

20

the contractor shall give an undertaking, with a sufficient

21

surety or sureties approved by the Authority and in an amount

22

fixed by the Authority, for the faithful performance of the

23

contract. All such contracts shall provide, among other things,

24

that the person or corporation entering into such contract with

25

the Authority will pay for all materials furnished and services

26

rendered for the performance of the contract and that any person

27

or corporation furnishing such materials or rendering such

28

services may maintain an action to recover for the same against

29

the obligor in the undertaking as though such person or

30

corporation was named therein, provided the action is brought

- 20 -

 


1

within one (1) year after the time the cause of action accrued.

2

Nothing in this section shall be construed to limit the power of

3

the Authority to construct, repair or improve any project or

4

portion thereof or any addition, betterment or extension thereto

5

directly by the officers, agents and employes of the Authority

6

or otherwise than by contract.

7

(b)  All supplies and materials costing [ten thousand dollars

8

($10,000)] the base amount of eighteen thousand five hundred

9

dollars ($18,500), subject to adjustment under section 112, or

10

more shall be purchased only after due advertisement as

11

hereinafter provided. The Authority shall accept the lowest bid

12

or bids, kinds, quality and material being equal, but the

13

Authority shall have the right to reject any or all bids or

14

select a single item from any bid. The provisions as to bidding

15

shall not apply to the purchase of patented and manufactured

16

products offered for sale in a non-competitive market or solely

17

by a manufacturer's authorized dealer.

18

(b.1)  Written or telephonic price quotations from at least

19

three (3) qualified and responsible contractors shall be

20

requested for all contracts that exceed [four thousand dollars

21

($4,000)] the base amount of ten thousand dollars ($10,000),

22

subject to adjustment under section 112, but are less than the

23

amount requiring advertisement and competitive bidding, or, in

24

lieu of price quotations, a memorandum shall be kept on file

25

showing that fewer than three (3) qualified contractors exist in

26

the market area within which it is practicable to obtain

27

quotations. A written record of telephonic price quotations

28

shall be made and shall contain at least the date of the

29

quotation, the name of the contractor and the contractor's

30

representative, the construction, reconstruction, repair,

- 21 -

 


1

maintenance or work which was the subject of the quotation and

2

the price. Written price quotations, written records of

3

telephonic price quotations and memoranda shall be retained for

4

a period of three (3) years.

5

* * *

6

(h)  An Authority shall not evade the provisions of this

7

section as to advertising for bids or purchasing materials or

8

contracting for services piecemeal for the purpose of obtaining

9

prices under [ten thousand dollars ($10,000)] the base amount of

10

eighteen thousand five hundred dollars ($18,500), subject to

11

adjustment under section 112, upon transactions which should, in

12

the exercise of reasonable discretion and prudence, be conducted

13

as one transaction amounting to more than [ten thousand dollars

14

($10,000)] the base amount of eighteen thousand five hundred

15

dollars ($18,500), subject to adjustment under section 112. This

16

provision is intended to make unlawful the practice of evading

17

advertising requirements by making a series of purchases or

18

contracts each for less than the advertising requirement price

19

or by making several simultaneous purchases or contracts each

20

below said price when in either case the transaction involved

21

should have been made as one transaction for one price.

22

* * *

23

Section 5 7.  This act shall apply to contracts and purchases

<--

24

advertised on or after January 1 of the year following the

25

effective date of this section.

26

Section 6.  This act shall take effect immediately.

<--

27

Section 8.  This act shall take effect as follows:

<--

28

(1)  The amendment of sections 1203, 1205, 1209 and 1216

29

of the act shall take effect in 60 days.

30

(2)  The remainder of this act shall take effect

- 22 -

 


1

immediately.

- 23 -