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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY M.K. KELLER, AUMENT, BAKER, BEAR, BENNINGHOFF, BLOOM, BOBACK, BOYD, BROOKS, CAUSER, CHRISTIANA, CLYMER, COX, CREIGHTON, CUTLER, DELOZIER, DENLINGER, ELLIS, EVERETT, FARRY, FLECK, GABLER, GEIST, GERBER, GILLESPIE, GINGRICH, GRELL, GROVE, HALUSKA, HARHART, HARPER, HARRIS, HELM, HENNESSEY, HESS, HICKERNELL, KAUFFMAN, KILLION, KNOWLES, MAJOR, MARSHALL, MARSICO, MASSER, METCALFE, MILLARD, MILLER, MOUL, OBERLANDER, O'NEILL, PAYNE, PEIFER, PERRY, PICKETT, PYLE, QUIGLEY, QUINN, RAPP, REED, REICHLEY, ROAE, ROCK, ROSS, SAYLOR, SCAVELLO, CULVER, SCHRODER, SIMMONS, SONNEY, STERN, STEVENSON, SWANGER, TALLMAN, TOBASH, TRUITT, TURZAI, VEREB, VULAKOVICH AND WATSON, JANUARY 27, 2011 |
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| REFERRED TO COMMITTEE ON URBAN AFFAIRS, JANUARY 27, 2011 |
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| AN ACT |
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1 | Amending the act of May 1, 1913 (P.L.155, No.104), entitled "An |
2 | act regulating the letting of certain contracts for the |
3 | erection, construction, and alteration of public buildings," |
4 | increasing the minimum bid requirement; and providing for |
5 | evasion of requirements. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Section 1 of the act of May 1, 1913 (P.L.155, |
9 | No.104), referred to as the Separations Act, amended December |
10 | 22, 1981 (P.L.546, No.159), is amended to read: |
11 | Section 1. (a) Be it enacted, &c., That hereafter in the |
12 | preparation of specifications for the erection, construction, |
13 | and alteration of any public building, when the entire cost of |
14 | such work shall exceed [four thousand dollars] twenty-five |
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1 | thousand dollars subject to annual adjustment under subsection |
2 | (b), it shall be the duty of the architect, engineer, or other |
3 | person preparing such specifications, to prepare separate |
4 | specifications for the plumbing, heating, ventilating, and |
5 | electrical work; and it shall be the duty of the person or |
6 | persons authorized to enter into contracts for the erection, |
7 | construction, or alteration of such public buildings to receive |
8 | separate bids upon each of the said branches of work, and to |
9 | award the contract for the same to the lowest responsible bidder |
10 | for each of said branches. |
11 | Every contract for the construction, reconstruction, |
12 | alteration, repair, improvement or maintenance of public works |
13 | shall comply with the provisions of the act of March 3, 1978 |
14 | (P.L.6, No.3), known as the "Steel Products Procurement Act." |
15 | (b) (1) Annually, beginning with the year in which this |
16 | subsection becomes applicable to contracts and purchases, the |
17 | Department of Labor and Industry shall calculate the percentage |
18 | change in the Consumer Price Index for All Urban Consumers (CPI- |
19 | U) for the United States city average for all items as published |
20 | by the United States Department of Labor, Bureau of Labor |
21 | Statistics, for the twelve-month average ending in September of |
22 | the prior year. |
23 | (2) The amount at which competitive bidding is required |
24 | under subsection (a) shall be adjusted annually. The positive |
25 | percentage change, as determined in accordance with clause (1), |
26 | shall be multiplied by the amount applicable under subsection |
27 | (a) for the current year and the product thereof shall be added |
28 | to the amount applicable under subsection (a) for the current |
29 | year, with the result rounded to the nearest multiple of ten |
30 | dollars. |
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1 | (3) The annual determination required under clause (1) and |
2 | the calculation of the adjustments required under clause (2) |
3 | shall be made in the period between October 1 and November 15 of |
4 | the year following the effective date of this subsection, and |
5 | annually between October 1 and November 15 of each successive |
6 | year. |
7 | (4) The adjusted amounts obtained in accordance with clause |
8 | (2) shall become effective January 1 for the calendar year |
9 | following the year in which the determination required under |
10 | clause (1) is made. |
11 | (5) The Department of Labor and Industry shall give notice |
12 | in the Pennsylvania Bulletin prior to January 1 of each calendar |
13 | year of the annual percentage change determined in accordance |
14 | with clause (1) and the amounts, whether adjusted or unadjusted |
15 | in accordance with clause (2), for the calendar year beginning |
16 | the first day of January after publication of the notice. |
17 | Section 2. The act is amended by adding a section to read: |
18 | Section 1.1. No person shall evade the provisions of section |
19 | 1 by purchasing or contracting for services and personal |
20 | properties piecemeal to obtain prices under the required |
21 | advertising price, subject to annual adjustment under section |
22 | 1(b). This provision is intended to make unlawful the making of |
23 | a series of purchases or contracts each for less than the price |
24 | to which section 1 applies, or by making several simultaneous |
25 | purchases or contracts, each below said price, when in either |
26 | case, the transactions involved should have been made as one |
27 | transaction for one price. Any persons who violate this |
28 | provision, and who know that the transaction in question is or |
29 | ought to be a part of a larger transaction, and that it is being |
30 | divided in order to evade the requirements of section 1, shall |
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1 | be jointly and severally subject to surcharge for ten per centum |
2 | of the full amount of the contract or purchase. |
3 | Section 3. This act shall apply to contracts and purchases |
4 | advertised on or after January 1 of the year following the |
5 | effective date of this section. |
6 | Section 4. This act shall take effect in 60 days. |
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