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Senate of Pennsylvania
Session of 2015 - 2016 Regular Session


Posted: December 30, 2014 02:37 PM
From: Senator Mike Folmer
To: All Senate members
Subject: Openness & Transparency – Procurement Code
I plan to reintroduce my Senate Bill 369 to provide for more accountability in the award of state (sole-source/no-bid and emergency) contracts. Previous cosponsors were Senators Folmer, Washington, Farnese, Yudichak, Vogel, Tartaglione, Stack, Rafferty, Browne, Erickson, Mensch, Vulakovich, Ferlo, Gordner, Pileggi, Ward, Vance, Alloway, White, Baker, Waugh, Eichelberger, Costa, Teplitz, Boscola and Dinniman.

A similar measure unanimously passed the Senate two Sessions ago (Senate Bill 1200) and was subsequently amended and unanimously passed by the House. Session ended that year before the Senate could consider the changes. The version I am reintroducing is last Session’s SB 369 as unanimously reported from the Senate State Government Committee.

The purpose of this legislation is to address questions with various state contracts. Some of these issues were outlined in an October 2009 Auditor General audit on technology contracts.

The apparent lack of openness, transparency, and accountability has too often raised suspicion of the Commonwealth’s procurement process. These difficulties especially arise whenever the state enters into sole-source (and sometimes no-bid) contracts and/or “emergency procurements.”

My legislation would require more public access to procurement records – including the posting of information on the websites of the Department of General Services and other purchasing agencies. Written determinations of purchasing officers would also be required when entering into sole-source/no-bid and emergency contracts deemed to be “in the best interests of the Commonwealth.”

Thank you for your consideration.

Introduced as SB316