PRINTER'S NO. 3789
No. 2667 Session of 1986
INTRODUCED BY MILLER, WOGAN, VROON, HALUSKA, JOHNSON, SEVENTY,
NOYE, CARLSON, SCHULER, FARGO, COLE, DISTLER, TRELLO,
STABACK, MORRIS, NAHILL, RAYMOND, E. Z. TAYLOR, BUNT, CARN,
FOX, GRUPPO, REBER, BURD, ARTY, PETRARCA, WOZNIAK, LASHINGER,
LINTON, VEON AND AFFLERBACH, JUNE 25, 1986
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 25, 1986
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," authorizing the Department
21 of General Services and other administrative departments to
22 permit any private school or parochial school and nonprofit
23 human service agency to participate in purchase contracts
24 entered into by the Commonwealth.
25 The General Assembly of the Commonwealth of Pennsylvania
26 hereby enacts as follows:
27 Section 1. Section 2403(h) of the act of April 9, 1929
1 (P.L.177, No.175), known as The Administrative Code of 1929,
2 amended June 27, 1977 (P.L.24, No.17), is amended to read:
3 Section 2403. Standards and Purchases.--The Department of
4 General Services shall have the power, and its duty shall be:
5 * * *
6 (h) To permit subject to such terms and conditions as the
7 Department of General Services may, and as hereinafter
8 specifically provided, shall, prescribe, any political
9 subdivision or authority created by a political subdivision, the
10 State Public School Building Authority or any private school,
11 parochial school and private college or university to
12 participate in or purchase off purchase contracts for materials,
13 supplies and equipment entered into by the department. Any
14 political subdivision or authority desiring to participate in
15 such purchase contracts shall file with the Department of
16 General Services a certified copy of an ordinance or resolution
17 of its governing body or in the case of a private school,
18 parochial school and private college or university, an affidavit
19 signed by the president of the college or university or his
20 designee or in the case of a private school or parochial school,
21 an affidavit signed by the duly appointed representative of the
22 board of trustees, requesting that it be authorized to
23 participate in purchase contracts of the department and agreeing
24 that it will be bound by such terms and conditions as the
25 department may, and as hereinafter specifically provided, shall,
26 prescribe and that it will be responsible for payment directly
27 to the vendor under each purchase contract. Any other
28 administrative department authorized to make direct purchases of
29 materials, supplies and equipment may similarly permit political
30 subdivisions or authorities or any private school, parochial
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1 school or private college or university to participate in or
2 purchase off purchase contracts entered into by such department.
3 Among such terms and conditions, the department shall prescribe
4 that all prices shall be F.O.B. destination. Political
5 subdivisions and authorities and private schools, parochial
6 schools or private colleges and universities shall be exempt
7 from existing statutory requirements governing competitive
8 bidding and execution of contracts with respect to the purchase
9 of materials, supplies and equipment under this section.
10 Nonprofit fire companies, nonprofit rescue companies, nonprofit
11 human service agencies and nonprofit ambulance companies may
12 submit their requests for the purchases of materials, supplies
13 and equipment to the subdivision in which located for inclusion
14 in the participation thereof in purchase contracts entered into
15 by the department. Any such company's or agency's requests may
16 be included by such political subdivisions if accompanied by the
17 agreement of the company or agency making the request that it
18 will be bound by the terms and conditions prescribed by the
19 political subdivision and that it will be responsible for
20 payment directly to the vendor under each purchase contract.
21 * * *
22 Section 2. This act shall take effect immediately.
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