PRINTER'S NO.  246

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

293

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, GERBER, 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 AND WATSON, JANUARY 27, 2011

  

  

REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 27, 2011  

  

  

  

AN ACT

  

1

Amending Title 74 (Transportation) of the Pennsylvania

2

Consolidated Statutes, further providing for competitive

3

bidding of contracts relating to metropolitan transportation

4

authorities.

5

The General Assembly of the Commonwealth of Pennsylvania

6

hereby enacts as follows:

7

Section 1.  Section 1750(c), (d) and (k) of Title 74 of the

8

Pennsylvania Consolidated Statutes are amended and the section

9

is amended by adding a subsection to read:

10

§ 1750.  Contracts, procurement and sale of property.

11

* * *

12

[(c)  Qualified vendors.--Written price quotations from at

13

least three qualified and responsible vendors shall be solicited

14

for all purchases and sales under $25,000 and over $10,000, or,

 


1

in lieu thereof, a memorandum approved by the general manager

2

shall be kept on file showing that less than three vendors so

3

qualified exist in the market area within which it is

4

practicable to obtain quotations, except as provided in this

5

chapter.]

6

(d)  Small purchases.--Purchases or sales under [$10,000]

7

$25,000, subject to annual adjustment under subsection (l), may

8

be negotiated with or without competitive bidding under sound

9

procurement procedures as promulgated and established by the

10

general manager.

11

* * *

12

(k)  Concessions.--All concessions granted by the authority

13

for the sale of products or the rendition of services for a

14

consideration on authority property shall be awarded only under

15

written specifications after competitive bidding and to the

16

highest responsive, responsible bidder in a manner similar to

17

that required by subsection (b) [or (c) as appropriate]. This

18

requirement for competitive bidding shall not apply to any

19

concession which has been granted by a transportation system

20

acquired by the authority and which by the terms of the

21

agreement granting it will terminate within one year from date

22

of the acquisition of the transportation system by the authority

23

nor to any concession involving the estimated receipt by the

24

authority of less than [$10,000] $25,000, subject to annual

25

adjustment under subsection (l), over the period for which the

26

concession is granted.

27

(l)  Consumer Price Index adjustments.--

28

(1)  The Department of Labor and Industry shall determine

29

the percentage change in the Consumer Price Index for All

30

Urban Consumers for the 12-month period ending September 30

- 2 -

 


1

of the calendar year in which this subsection becomes

2

effective and for each successive 12-month period thereafter.

3

(2)  The amount at which competitive bidding is required

4

under subsection (b) shall be adjusted annually. The positive

5

percentage change as determined in accordance with paragraph

6

(1) shall be multiplied by the amount applicable under

7

subsection (b) for the current year, and the product thereof

8

shall be added to the amount applicable under subsection (b)

9

for the current year, with the result rounded to the nearest

10

multiple of $10.

11

(3)  The annual determination required under paragraph

12

(1) and the calculation of the adjustments required under

13

paragraph (2) shall be made in the period between October 1

14

and November 15 of the year following the effective date of

15

this subsection and annually between October 1 and November

16

15 of each successive year.

17

(4)  The adjusted amounts obtained in accordance with

18

paragraph (2) shall become effective January 1 for the

19

calendar year following the year in which the determination

20

required under paragraph (1) is made.

21

(5)  The Department of Labor and Industry shall give

22

notice in the Pennsylvania Bulletin prior to January 1 of

23

each calendar year of the annual percentage change determined

24

in accordance with paragraph (1) and the amounts, whether

25

adjusted or unadjusted in accordance with paragraph (2), at

26

which competitive bidding is required under subsection (b)

27

for the calendar year beginning the first day of January

28

after publication of the notice.

29

Section 2.  This act shall apply to contracts and purchases

30

advertised after December 31 of the year in which this section

- 3 -

 


1

takes effect.

2

Section 3.  This act shall take effect immediately.

- 4 -