PRINTER'S NO. 924
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
747
Session of
2017
INTRODUCED BY BARTOLOTTA, FOLMER, STEFANO, HUTCHINSON,
RESCHENTHALER, WHITE AND WARD, JUNE 7, 2017
REFERRED TO TRANSPORTATION, JUNE 7, 2017
AN ACT
Amending the act of June 1, 1945 (P.L.1242, No.428), entitled
"An act relating to roads, streets, highways and bridges;
amending, revising, consolidating and changing the laws
administered by the Secretary of Highways and by the
Department of Highways relating thereto," in construction,
improvement, maintenance and repair of State highways,
further providing for prequalifications of bidders.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 404.1 of the act of June 1, 1945
(P.L.1242, No.428), known as the State Highway Law, is amended
to read:
Section 404.1. Prequalifications of Bidders.--The
department, after consultation with and receiving the advices of
the secretaries of Pennsylvania associations representing
highway constructors and other parties in interest who have
notified the Secretary of [Highways] Transportation, in writing,
of such interest, shall, by regulations, establish and may, from
time to time, modify or supplement a system for the
qualification of competent and responsible bidders on highway
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projects and furnish to such secretaries and others in interest
copies of such regulations. In determining the qualifications of
bidders, the department shall consider the following factors
relating to the contractors: (1) equipment, (2) past record, (3)
experience, (4) personnel of organization, (5) financial
condition. In determining the qualifications of newly organized
bidders, the department shall consider the following factors
relating to newly organized contractors: (1) equipment, (2)
personnel of organization, and (3) financial condition.
The department [shall] may not consider bids from any bidder
who is not qualified.
For contractors seeking to be prequalified to bid directly to
the department on projects up to an aggregate sum of one million
dollars ($1,000,000.00), the department:
(1) may not require the applicant to submit either an
audited or review type of financial statement to demonstrate the
applicant's financial condition; and
(2) shall accept a compiled financial statement from the
applicant.
Section 2. The provisions of 67 Pa. Code ยง 457.4 are
abrogated insofar as they are inconsistent with the amendment of
section 404.1 of the act.
Section 3. The amendment of section 404.1 of the act shall
apply to persons applying for prequalification on or after the
effective date of this section.
Section 4. This act shall take effect in 60 days.
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