Regular Session 2021-2022 House Bill 2159 P.N. 2667

PRIOR PRINTER'S NO. 2506

PRINTER'S NO. 2667

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2159

Session of

2021

INTRODUCED BY ORTITAY AND SCHLEGEL CULVER, DECEMBER 13, 2021

AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF

REPRESENTATIVES, AS AMENDED, JANUARY 26, 2022

AN ACT

Amending Titles 35 (Health and Safety) and 62 (Procurement) of

the Pennsylvania Consolidated Statutes, in Commonwealth

services, further providing for laws suspended during

emergency assignments; in general provisions, further

providing for public access to procurement records; and, in

source selection and contract formation, further providing

for emergency procurement.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 7308(a) of Title 35 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 7308. Laws suspended during emergency assignments.

(a) Commonwealth agencies.--In the case of a declaration of

a state of emergency by the Governor, Commonwealth agencies may

implement their emergency assignments without regard to

procedures required by other laws (except mandatory

constitutional requirements and the requirements under 62

Pa.C.S. (relating to procurement)) pertaining to the performance

of public work, entering into contracts, incurring of

obligations, employment of temporary workers, rental of

equipment, purchase of supplies and materials and expenditures

of public funds.

* * *

Section 2. Sections 106.1(b)(6), (7) and (8) and 516 of

Title 62 are amended to read:

§ 106.1. Public access to procurement records.

* * *

(b) Public posting and availability of procurement

information.--The purchasing agency shall post the following

procurement documents on the department's or, in the case of an

independent agency, its own publicly accessible Internet website

or otherwise make available in the manner indicated below:

* * *

(6) The written determinations required by section [516]

516(g) 516(F) (relating to emergency procurement) shall be

posted in advance, if feasible, but no later than seven

calendar days after authorization by the department or

independent purchasing agency.

(7) A contract resulting from a procurement under this

part or, in the case of section 516(f) 516(E) , an invoice,

shall be posted as soon as practicable upon its full

execution by the Commonwealth.

(8) Requests under section 515 or 516 to extend a

contract for which no further options, renewals or extensions

are available in the contract shall be posted for seven

calendar days for public comment prior to approval of the

request by the department or independent purchasing agency.

Upon approval of a request by the department or an

independent purchasing agency, the signed and written

determination required under section 515(b) or [516] 516(g)

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516(F) shall be posted.

* * *

§ 516. Emergency procurement.

[The head of a purchasing agency may make or authorize others

to make an emergency procurement when there exists a threat to

public health, welfare or safety or circumstances outside the

control of the agency create an urgency of need which does not

permit the delay involved in using more formal competitive

methods. Whenever practical, in the case of a procurement of a

supply, at least two quotes shall be solicited. A written

determination of the basis for the emergency and for the

selection of the particular contractor shall be included in the

procurement file. No written contract may be required. The

supplier of the supply, service or construction may be paid

based on the emergency approval and approved invoice.]

(a) Authorization.--The head of a purchasing agency may make

an emergency procurement for supply, service or construction

under this section.

(b) Requests by Commonwealth agencies. --For an emergency

procurement in which the department acts as the agent for a

Commonwealth agency, the Secretary of General Services may only

make an emergency procurement upon the written request of the

head of the Commonwealth agency.

valued at more than $1,000,000, the head of a purchasing agency

may only make an emergency procurement upon approval by the

Emergency Procurement Approval Committee established under

subsection (h). Upon receipt of a request for an emergency

procurement from the head of a purchasing agency, including a

copy of all written determinations under subsection (g) and any

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other information requested by the committee, the committee

shall approve the request if the request meets the requirements

under this section.

(d) (C) Emergencies.--The head of a purchasing agency may

only make an emergency procurement when all of the following

occur:

(1) There exists a threat to public health, welfare or

safety.

(2) There exist circumstances outside the control of the

purchasing agency.

(3) The circumstances under paragraph (2) create an

urgency of need which does not permit the delay involved in

using an alternate and otherwise applicable competitive

method.

(e) (D) Quotes.--The head of a purchasing agency shall

solicit no fewer than two quotes for an emergency procurement,

unless the head of the purchasing agency determines, in writing,

that the circumstances of the emergency specified under

subsection (d) (C) make the solicitation of no fewer than two

quotes impractical.

(f) (E) Invoices.--The head of a purchasing agency may

authorize the payment of the consideration for the supply,

service or construction for an emergency procurement based on an

approved invoice if the head of the purchasing agency

determines, in writing, that the circumstances of the emergency

under subsection (d) (C) make the use of a contract impractical.

(g) (F) Written determinations.--In making an emergency

procurement, the head of a purchasing agency shall make the

following written determinations and shall include the written

determinations in the procurement file:

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(1) The basis for the emergency under subsection (d)

7301(c) (relating to general authority of Governor) may not

serve as the written determination of the basis for the

emergency.

(2) How the emergency identified under paragraph (1)

creates an urgency of need which does not permit the delay

involved in using an alternate and otherwise applicable

competitive method.

(3) The basis for the selection of the contractor.

(4) If applicable, a written determination under

subsection (e) (D) .

(5) If applicable, a written determination under

subsection (f) (E) .

(h) Emergency Procurement Approval Committee.--

(1) The Emergency Procurement Approval Committee is

established within the department. The committee shall be

comprised of the following members:

(i) One individual appointed by the Governor.

(ii) One individual appointed by the President pro

tempore of the Senate.

(iii) One individual appointed by the Majority

Leader of the Senate.

(iv) One individual appointed by the Minority Leader

of the Senate.

(v) One individual appointed by the Speaker of the

House.

(vi) One individual appointed by the Majority Leader

of the House of Representatives.

(vii) One individual appointed by the Minority

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Leader of the House of Representatives.

(2) Members of the committee shall serve at the pleasure

of the appointing authority under paragraph (1).

(3) The member appointed under paragraph (1)(i) shall

serve as chair.

(4) A meeting of the committee shall be called by the

chair or upon the request of at least two members of the

committee.

(5) The consent of at least four members of the

committee shall be required for an approval under subsection

(c). If the committee does not vote to approve a request

within 48 hours of the committee receiving a copy of all

written determinations under subsection (g), the request

shall be deemed disapproved.

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

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