PRINTER'S NO. 851
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
693
Session of
2017
INTRODUCED BY SCHWANK, EICHELBERGER, McGARRIGLE, HUTCHINSON AND
BLAKE, MAY 15, 2017
REFERRED TO LOCAL GOVERNMENT, MAY 15, 2017
AN ACT
Amending the act of October 27, 1979 (P.L.241, No.78), entitled
"An act authorizing political subdivisions, municipality
authorities and transportation authorities to enter into
contracts for the purchase of goods and the sale of real and
personal property where no bids are received," further
providing for title of the act; adding a short title; and
providing for contracts for services.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title of the act of October 27, 1979
(P.L.241, No.78), entitled "An act authorizing political
subdivisions, municipality authorities and transportation
authorities to enter into contracts for the purchase of goods
and the sale of real and personal property where no bids are
received," is amended to read:
AN ACT
Authorizing political subdivisions, municipality authorities and
transportation authorities to enter into contracts for
services, the purchase of goods and the sale of real and
personal property where no bids are received.
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Section 2. The act is amended by adding a section to read:
Section 1. Short title.
This act shall be known and may be cited as the Public
Contract Bid Nonreceipt Act.
Section 3. Section 1 of the act is renumbered and amended by
adding subsections to read:
Section [1] 1.1. Nonreceipt of bids.
* * *
(c) Contracts for services.--When a political subdivision,
municipality authority or transportation authority is required
to advertise for bids in order to enter into a contract for
services and no bids are received, the political subdivision,
municipality authority or transportation authority may proceed
as follows:
(1) The political subdivision, municipality authority or
transportation authority may advertise for bids a second
time.
(2) If no bids are received within 15 days of the second
advertisement, the political subdivision, municipality
authority or transportation authority may initiate
negotiations for a contract to obtain the services previously
advertised, with any provider not otherwise disqualified by
law or an enactment or policy of the governing body.
(3) Prior to executing the contract, the political
subdivision, municipality authority or transportation
authority, at a regular or special meeting of its governing
body, must publicly announce the identity of the parties, the
proposed contract price and a summary of the other terms and
conditions relating to any proposed contract in order to
demonstrate that the services to be procured are consistent
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with those previously advertised.
(d) Evasion.--The penalties, civil or criminal, surcharges
and other liability set forth in law, regulation or ordinance
for evading an advertising requirement for bids shall apply to a
member of the governing body of a political subdivision,
municipality authority or transportation authority who votes for
a transaction under this section with the intent to evade the
advertising requirement of the applicable law, regulation or
ordinance.
(e) Definition.--As used in this section, the term
"services" means the furnishing of labor, time or effort by a
contractor not involving the delivery of a specific end product
other than drawings, specifications or reports which are merely
incidental to the required performance. The term includes the
routine operation or maintenance of existing structures,
buildings or real property, the repair or rehabilitation of
existing infrastructure and utility services, or those services
formerly provided by public utilities, such as electrical,
telephone, water and sewage service. The term does not include
employment agreements or collective bargaining agreements.
Section 4. This act shall take effect in 60 days.
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