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                                                       PRINTER'S NO. 806

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 742 Session of 1989


        INTRODUCED BY STOUT, CORMAN, STEWART, BRIGHTBILL, PUNT, LEMMOND,
           PORTERFIELD, WENGER, MADIGAN, AFFLERBACH, REIBMAN AND
           PETERSON, MARCH 21, 1989

        REFERRED TO LOCAL GOVERNMENT, MARCH 21, 1989

                                     AN ACT

     1  Amending the act of August 9, 1955 (P.L.323, No.130), entitled
     2     "An act relating to counties of the third, fourth, fifth,
     3     sixth, seventh and eighth classes; amending, revising,
     4     consolidating and changing the laws relating thereto,"
     5     further regulating contracts and purchases as to bids and
     6     advertising.

     7     The General Assembly of the Commonwealth of Pennsylvania
     8  hereby enacts as follows:
     9     Section 1.  Section 1801, subsections (a), (b) and the first
    10  paragraph of (h) of section 1802 and section 1803 of the act of
    11  August 9, 1955 (P.L.323, No.130), known as The County Code,
    12  amended December 22, 1981 (P.L.580, No.167), are amended to
    13  read:
    14     Section 1801.  Commissioners Sole Contractors for County.--
    15  The county commissioners shall contract for and purchase all
    16  services referred to in section five hundred eight and personal
    17  property for county officers and agencies. All contracts and
    18  purchases not in excess of [four thousand dollars ($4,000)] ten
    19  thousand dollars ($10,000) shall be by note or memorandum, in


     1  writing, signed by the county commissioners, or their agent. A
     2  copy of all such notes and memorandums and all written contracts
     3  shall be filed in the office of the controller, if any, and, if
     4  not, then with the chief clerk of the commissioners. The
     5  commissioners shall, where possible, anticipate the needs of the
     6  various officers and agencies of the county and endeavor to
     7  purchase in wholesale quantities, where practicable and where
     8  savings could be achieved thereby. The commissioners may make
     9  contracts and purchases for all purposes expressly or impliedly
    10  authorized by law.
    11     Section 1802.  Contract Procedures; Terms and Bonds;
    12  Advertising for Bids.--(a)  All contracts for services and
    13  personal property where the amount thereof exceeds the sum of
    14  [four thousand dollars ($4,000)] ten thousand dollars ($10,000),
    15  shall be written and shall, except as otherwise hereinafter
    16  specified, be made by advertising for bids.
    17     (b)  Contracts or purchases in excess of [four thousand
    18  dollars ($4,000)] ten thousand dollars ($10,000), except those
    19  hereinafter mentioned, hall not be made except with and from the
    20  lowest responsible bidder, after due notice in one newspaper of
    21  general circulation, published or circulating in the county, at
    22  least three times at intervals of not less than three days where
    23  daily newspapers of general circulation are employed for such
    24  publication, or in case weekly newspapers are employed then the
    25  notice shall be published once a week for two successive weeks.
    26  The first advertisement shall be published not less than ten
    27  days prior to the date fixed for the opening of bids. The
    28  requirements of this subsection need not be followed in cases of
    29  emergency, but in such cases the actual emergency shall be
    30  declared and stated by resolution of the commissioners.
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     1     * * *
     2     (h)  The contracts or purchases made by the commissioners
     3  involving an expenditure of over [four thousand dollars
     4  ($4,000)] ten thousand dollars ($10,000)] which shall not
     5  require advertising or bidding, as hereinbefore provided, are as
     6  follows:
     7     * * *
     8     Section 1803.  Evasion of Advertising Requirements.--No
     9  commissioner or commissioners shall evade the provisions of
    10  section one thousand eight hundred two of this act, as to
    11  advertising for bids or purchasing or contracting for services
    12  and personal properties piece-meal, for the purpose of obtaining
    13  prices under [four thousand dollars ($4,000)] ten thousand
    14  dollars ($10,000) upon transactions which should in the exercise
    15  of reasonable discretion and prudence be conducted as one
    16  transaction amounting to more than [four thousand dollars
    17  ($4,000)] ten thousand dollars ($10,000). This provision is
    18  intended to make unlawful the practice of evading advertising
    19  requirements by making a series of purchases or contracts each
    20  for less than the advertising requirement price, or by making
    21  several simultaneous purchases or contracts each below said
    22  price, when in either case the transaction involved should have
    23  been made as one transaction for one price. Any county
    24  commissioners who so vote in violation of this provision and who
    25  know that the transaction upon which they so vote is or ought to
    26  be a part of a larger transaction and that it is being divided
    27  in order to evade the requirements as to advertising for bids
    28  shall be, jointly and severally, subject to surcharge for any
    29  loss sustained. Wherever it shall appear that a commissioner may
    30  have voted in violation of this section, but the purchase or
    19890S0742B0806                  - 3 -

     1  contract on which he so voted was not approved by the board of
     2  county commissioners, this section shall be inapplicable.
     3     Section 2.  Sections 2317 and 2670 of the act, amended
     4  December 22, 1981 (P.L.580, No.167), are amended to read:
     5     Section 2317.  Separate Bids for Plumbing, Heating,
     6  Ventilating, Electrical Work, Elevators and Moving Stairs.--In
     7  the preparation of specifications for the erection, construction
     8  and alteration of any public building, when the entire cost of
     9  such work shall exceed [four thousand dollars ($4000)] ten
    10  thousand dollars ($10,000) the architect, engineer or other
    11  person preparing such specifications shall prepare only the
    12  following separate specifications: (1) plumbing, (2) heating,
    13  (3) ventilating, (4) electrical work, (5) elevators and moving
    14  stairs, and (6) one complete set of specifications for all the
    15  other work to be done in such erection, construction and
    16  alteration. The board of commissioners shall receive separate
    17  bids upon each of the said branches of work and award the
    18  contract for the same to the lowest responsible bidder for each
    19  of said branches, including the balance of the work in addition
    20  to the plumbing, heating, ventilating and electrical work, and
    21  elevators and moving stairs. Where it is desired to install an
    22  air conditioning unit, the heating and ventilating so involved
    23  may be regarded as one branch of work having only one set of
    24  specifications, and bids may be received and a contract awarded
    25  thereon, as hereinbefore provided.
    26     Section 2670.  Building or Repair of Bridges.--In addition to
    27  the provisions of Articles XVIII and XXIII of this act relating
    28  to contracting for services and personal property, whenever the
    29  county commissioners propose to build or repair a bridge at a
    30  cost in excess of [four thousand dollars ($4000)] ten thousand
    19890S0742B0806                  - 4 -

     1  dollars ($10,000) their advertisements for bids shall contain
     2  the description of the repairs, or designs of the kind of
     3  bridge, required. When the contract is for the building of a
     4  bridge, the designs and specifications therefor, or a copy
     5  thereof, shall be kept in the office of the county
     6  commissioners, open to the inspection of all intending bidders
     7  during such advertising and the time specified therein for the
     8  reception of bids. In the case of a bridge to be erected over a
     9  stream upon the line between two adjoining counties, the
    10  advertising shall be done in each of said counties, and a copy
    11  of the plans and specifications shall be kept in the
    12  commissioners' office of each county. The time of filing bids
    13  and the person's name with whom filed must be marked on the
    14  outside of said bids.
    15     Section 3.  This act shall take effect in 60 days.










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