SENATE AMENDED
PRIOR PRINTER'S NO. 2287 PRINTER'S NO. 3159
No. 1784 Session of 1975
INTRODUCED BY MESSRS. DeMEDIO, RITTER, FRYER, MEBUS AND WEIDNER,
OCTOBER 1, 1975
SENATOR MURPHY, LOCAL GOVERNMENT, IN SENATE, AS AMENDED,
MAY 11, 1976
AN ACT
1 Amending the act of May 2, 1945 (P.L.382, No.164), entitled "An
2 act providing for the incorporation as bodies corporate and
3 politic of 'Authorities' for municipalities, counties and
4 townships; prescribing the rights, powers and duties of such
5 Authorities heretofore or hereafter incorporated; authorizing
6 such Authorities to acquire, construct, improve, maintain and
7 operate projects, and to borrow money and issue bonds
8 therefor; providing for the payment of such bonds, and
9 prescribing the rights of the holders thereof; conferring the
10 right of eminent domain on such Authorities; authorizing such
11 Authorities to enter into contracts with and to accept grants
12 from the Federal Government or any agency thereof; and
13 conferring exclusive jurisdiction on certain courts over
14 rates," regulating contract procedures and advertising for
15 bids.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Subsections A and B of section 10, act of May 2,
19 1945 (P.L.382, No.164), known as the "Municipality Authorities
20 Act of 1945," amended September 1, 1967 (P.L.293, No.122), are
21 amended to read:
22 Section 10. Competition in Award of Contracts.--A. All
23 construction, reconstruction, repairs or work of any nature made
1 by any Authority, where the entire cost, value or amount of such
2 construction, reconstruction, repairs or work, including labor
3 and materials, shall exceed [one thousand five hundred dollars
4 ($1500)] two thousand dollars ($2,000) TWO THOUSAND FIVE HUNDRED <--
5 DOLLARS ($2,500), except construction, reconstruction, repairs
6 or work done by employes of said Authority, or by labor supplied
7 under agreement with any Federal or State agency, with supplies
8 and materials purchased as hereinafter provided, shall be done
9 only under contract or contracts to be entered into by the
10 Authority with the lowest responsible bidder upon proper terms,
11 after due public notice has been given asking for competitive
12 bids as hereinafter provided. No contract shall be entered into
13 for construction or improvement or repair of any project or
14 portion thereof, unless the contractor shall give an undertaking
15 with a sufficient surety or sureties approved by the Authority,
16 and in an amount fixed by the Authority, for the faithful
17 performance of the contract. All such contracts shall provide
18 among other things that the person or corporation entering into
19 such contract with the Authority will pay for all materials
20 furnished and services rendered for the performance of the
21 contract, and that any person or corporation furnishing such
22 materials or rendering such services may maintain an action to
23 recover for the same against the obligor in the undertaking, as
24 though such person or corporation was named therein, provided
25 the action is brought within one year after the time the cause
26 of action accrued. Nothing in this section shall be construed to
27 limit the power of the Authority to construct, repair or improve
28 any project or portion thereof, or any addition, betterment or
29 extension thereto, directly by the officers, agents and employes
30 of the Authority, or otherwise than by contract.
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1 B. All supplies and materials costing [one thousand five
2 hundred dollars ($1500)] two thousand dollars ($2,000) TWO <--
3 THOUSAND FIVE HUNDRED DOLLARS ($2,500), or more shall be
4 purchased only after due advertisement as hereinafter provided.
5 Authority shall accept the lowest bid or bids, kind, quality and
6 material being equal, but the Authority shall have the right to
7 reject any or all bids or select a single item from any bid. The
8 provisions as to bidding shall not apply to the purchase of
9 patented and manufactured products offered for sale in a
10 noncompetitive market or solely by a manufacturer's authorized
11 dealer.
12 * * *
13 Section 2. This act shall take effect immediately.
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