1Amending Title 62 (Procurement) of the Pennsylvania Consolidated
2Statutes, providing for public access to procurement records;
3and further providing for competitive sealed proposals, for
4sole source procurement and for emergency procurement.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Title 62 of the Pennsylvania Consolidated
8Statutes is amended by adding a section to read:

9§ 106.1. Public access to procurement records.

10(a) General rule.--Records concerning a procurement shall be
11made public, consistent with the act of February 14, 2008
12(P.L.6, No.3), known as the Right-to-Know Law.

13(b) Public posting and availability of procurement
14information.--The purchasing agency shall post the following
15procurement documents on the department's, or in the case of an
16independent agency, its own publicly accessible Internet website
17or otherwise make available in the manner indicated below:

1(1) Public notice of an invitation for bids or request
2for proposals may be given in accordance with section 512(c)
3(1) (relating to competitive sealed bidding) or 513(b)
4(relating to competitive sealed proposals) by posting the
5invitation for bids or request for proposals, including if
6applicable, the written determination required by section
7513(a), on the date issued and until the closing date for
8receipt of bids or proposals.

9(2) Bid tabulations recording the name of each bidder
10and bid amount in accordance with section 512(d) shall be
11posted as soon as practicable after bid opening, unless the
12purchasing agency elects to cancel the invitation for bids.

13(3) Notices of award pursuant to an invitation for bids
14shall be posted as soon as practicable after the purchasing
15agency elects to make an award in accordance with section
16512(g).

17(4) The written determination required by section 513(g)
18shall be posted upon receipt of the final negotiated contract
19signed by the selected offeror. Subject to proper redaction
20under the Right-to-Know Law, responsive proposals received by
21the purchasing agency and until fully executed, the final
22negotiated contract, are not required to be posted but shall
23be made available to the public upon request.

24(5) Requests to award a contract pursuant to section
25515(a)(1), (2), (4) and (10) (relating to sole source
26procurement) shall be posted for seven calendar days for
27public comment prior to approval of the request by the
28department or independent purchasing agency. Upon approval of
29a request by the department or independent purchasing agency,
30the signed and written determination required under section

1515(b) shall be posted.

2(6) The written determinations required by section 516
3(relating to emergency procurement) shall be posted in
4advance, if feasible, but no later than seven calendar days
5after authorization by the department or independent
6purchasing agency.

7(7) A contract resulting from a procurement under this
8part shall be posted as soon as practicable upon its full
9execution by the Commonwealth.

10(8) Requests pursuant to section 515 or 516 to extend a
11contract for which no further options, renewals or extensions
12are available in the contract shall be posted for seven
13calendar days for public comment prior to approval of the
14request by the department or independent purchasing agency.
15Upon approval of a request by the department or an
16independent purchasing agency, the signed and written
17determination required under section 515(b) or 516 shall be
18posted.

19(c) Access and retention.--Procurement documents specified
20under subsection (b) must be accessible on the Internet website
21for a minimum of 30 days from posting and further retained in
22accordance with section 563 (relating to retention of
23procurement records) and applicable agency record retention
24policies.

25Section 2. Sections 513(e), 515 and 516 of Title 62 are
26amended to read:

27§ 513. Competitive sealed proposals.

28* * *

29(e) Evaluation.--The relative importance of the evaluation
30factors shall be fixed prior to opening the proposals. A

1Commonwealth agency is required to invite its comptroller to
2participate in the evaluation as a nonvoting member of any
3evaluation committee. No individual who has been employed by an 
4offeror within the last two years may participate in the 
5evaluation of proposals.

6* * *

7§ 515. Sole source procurement.

8(a) General rule.--A contract may be awarded for a supply,
9service or construction item without competition if the
10contracting officer first determines in writing that one of the
11following conditions exists:

12(1) Only a single contractor is capable of providing the
13supply, service or construction.

14(2) A Federal or State statute or Federal regulation
15exempts the supply, service or construction from the
16competitive procedure.

17(3) The total cost of the supply, service or
18construction is less than the amount established by the
19department for small, no-bid procurements under section 514
20(relating to small procurements).

21(4) It is clearly not feasible to award the contract for
22supplies or services on a competitive basis.

23(5) The services are to be provided by attorneys or
24litigation consultants selected by the Office of General
25Counsel, the Office of Attorney General, the Department of
26the Auditor General or the Treasury Department.

27(6) The services are to be provided by expert witnesses.

28(7) The services involve the repair, modification or
29calibration of equipment and they are to be performed by the
30manufacturer of the equipment or by the manufacturer's

1authorized dealer, provided the contracting officer
2determines that bidding is not appropriate under the
3circumstances.

4(8) The contract is for investment advisors or managers
5selected by the Public School Employees' Retirement System,
6the State Employees' Retirement System or a State-affiliated
7entity.

8(9) The contract is for financial or investment experts
9to be used and selected by the Treasury Department or
10financial or investment experts selected by the Secretary of
11the Budget.

12(10) The contract for supplies or services is in the
13best interest of the Commonwealth.

14(b) Written determination.--The written determination
15authorizing sole source procurement shall be included in the
16contract file. For procurements over $250,000 made under 
17subsection (a)(10), the determination shall be signed by the 
18head of the purchasing agency.

19(c) Approval required by board of commissioners of public 
20grounds and buildings.--With the exception of small procurements
21under section 514 and emergency procurements under section 516
22(relating to emergency procurement), if the sole source
23procurement is for a supply, except for computer software
24updates under $50,000, for which the department acts as
25purchasing agency, it must be approved by the Board of
26Commissioners of Public Grounds and Buildings prior to the award
27of a contract.

28§ 516. Emergency procurement.

29The head of a purchasing agency may make or authorize others
30to make an emergency procurement when there exists a threat to

1public health, welfare or safety or circumstances outside the
2control of the agency create an urgency of need which does not
3permit the delay involved in using more formal competitive
4methods. Whenever practical, in the case of a procurement of a
5supply, at least two [bids] quotes shall be solicited. A written
6determination of the basis for the emergency and for the
7selection of the particular contractor shall be included in the
8[contract file.] procurement file. No written contract may be 
9required. The supplier of the supply, service or construction 
10may be paid based on the emergency approval and approved 
11invoice.

12Section 3. This act shall take effect in 60 days.