HOUSE AMENDED
PRIOR PRINTER'S NOS. 806, 1014 PRINTER'S NO. 2219
No. 742 Session of 1989
INTRODUCED BY STOUT, CORMAN, STEWART, BRIGHTBILL, PUNT, LEMMOND,
PORTERFIELD, WENGER, MADIGAN, AFFLERBACH, REIBMAN AND
PETERSON, MARCH 21, 1989
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 30, 1990
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. Sections 1801, 1802(a), (b) and (h) and 1803 of
10 the act of August 9, 1955 (P.L.323, No.130), known as The County
11 Code, amended December 22, 1981 (P.L.580, No.167), are amended
12 to read:
13 Section 1801. Commissioners Sole Contractors for County.-- <--
14 (A) The county commissioners shall contract for and purchase <--
15 all services referred to in section five hundred eight and
16 personal property for county officers and agencies. All
17 contracts and purchases not in excess of [four thousand dollars
18 ($4,000)] ten thousand dollars ($10,000) THE MONETARY THRESHOLD <--
1 LEVEL FOR THE COUNTY SHALL BE SUBJECT TO SECTION 1802(A.1) AND
2 shall be by note or memorandum, in writing, signed by the county
3 commissioners, or their agent. A copy of all such notes and
4 memorandums and all written contracts shall be filed in the
5 office of the controller, if any, and, if not, then with the <--
6 chief clerk of the commissioners. The commissioners shall, where
7 possible, anticipate the needs of the NOT, THEN WITH THE CHIEF <--
8 CLERK OF THE COMMISSIONERS.
9 (B) WRITTEN OR TELEPHONIC PRICE QUOTATIONS FROM AT LEAST
10 THREE QUALIFIED AND RESPONSIBLE CONTRACTORS SHALL BE REQUESTED
11 FOR ALL CONTRACTS THAT EXCEED FOUR THOUSAND DOLLARS ($4,000) BUT
12 ARE LESS THAN THE AMOUNT REQUIRING ADVERTISEMENT AND COMPETITIVE
13 BIDDING OR, IN LIEU OF PRICE QUOTATIONS, A MEMORANDUM SHALL BE
14 KEPT ON FILE SHOWING THAT FEWER THAN THREE QUALIFIED CONTRACTORS
15 EXIST IN THE MARKET AREA WITHIN WHICH IT IS PRACTICABLE TO
16 OBTAIN QUOTATIONS. A WRITTEN RECORD OF TELEPHONIC PRICE
17 QUOTATIONS SHALL BE MADE AND SHALL CONTAIN AT LEAST THE DATE OF
18 THE QUOTATION, THE NAME OF THE CONTRACTOR AND THE CONTRACTOR'S
19 REPRESENTATIVE, THE CONSTRUCTION, RECONSTRUCTION, REPAIR,
20 MAINTENANCE OR WORK WHICH WAS THE SUBJECT OF THE QUOTATION AND
21 THE PRICE. WRITTEN PRICE QUOTATIONS, WRITTEN RECORDS OF
22 TELEPHONIC PRICE QUOTATIONS AND MEMORANDA SHALL BE RETAINED FOR
23 A PERIOD OF THREE YEARS.
24 (C) THE COMMISSIONERS SHALL, WHERE POSSIBLE, ANTICIPATE THE
25 NEEDS OF THE various officers and agencies of the county and
26 endeavor to purchase in wholesale quantities, where practicable
27 and where savings could be achieved thereby. The commissioners
28 may make contracts and purchases for all purposes expressly or
29 impliedly authorized by law.
30 Section 1802. Contract Procedures; Terms and Bonds;
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1 Advertising for Bids.--(a) All contracts for services and
2 personal property where the amount thereof exceeds the sum of
3 [four thousand dollars ($4,000)] ten thousand dollars ($10,000) <--
4 THE MONETARY THRESHOLD LEVEL FOR THE COUNTY, shall be written <--
5 and shall, except as otherwise hereinafter specified, be made by
6 advertising for bids.
7 (A.1) THE MONETARY THRESHOLD LEVEL ABOVE WHICH COMPETITIVE <--
8 BIDDING SHALL BE REQUIRED SHALL BE ONE PER CENTUM (1%) OF THE
9 TOTAL OF ALL BUDGETS ADMINISTERED BY THE COUNTY, BUT IN NO CASE
10 SHALL THE MONETARY THRESHOLD BE LESS THAN FOUR THOUSAND DOLLARS
11 ($4,000), NOR MORE THAN TEN THOUSAND DOLLARS ($10,000).
12 (b) Contracts or purchases in excess of [four thousand
13 dollars ($4,000)] ten thousand dollars ($10,000) THE MONETARY <--
14 THRESHOLD LEVEL FOR THE COUNTY, except those hereinafter
15 mentioned, hall not be made except with and from the lowest
16 responsible bidder, after due notice in one newspaper of general
17 circulation, published or circulating in the county, at least
18 three times at intervals of not less than three days where daily
19 newspapers of general circulation are employed for such
20 publication, or in case weekly newspapers are employed then the
21 notice shall be published once a week for two successive weeks.
22 The first advertisement shall be published not less than ten
23 days prior to the date fixed for the opening of bids. The
24 requirements of this subsection need not be followed in cases of
25 emergency, but in such cases the actual emergency shall be
26 declared and stated by resolution of the commissioners.
27 * * *
28 (h) The contracts or purchases made by the commissioners
29 involving an expenditure of over [four thousand dollars
30 ($4,000)] ten thousand dollars ($10,000)] THE MONETARY THRESHOLD <--
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1 LEVEL FOR THE COUNTY which shall not require advertising or
2 bidding, as hereinbefore provided, are as follows:
3 (1) Those for maintenance, repairs or replacements for
4 water, electric light, or other public works of the county where
5 they do not constitute new additions, extensions or enlargements
6 of existing facilities and equipment. A bond may be required by
7 the commissioners as in other cases for work done.
8 (2) Those made for improvements, repairs and maintenance of
9 any kind, made or provided by the county through its own
10 employes. This shall not apply to construction materials used in
11 a street improvement.
12 (3) Those where particular types, models or pieces of new
13 equipment, articles, apparatus, appliances, vehicles or parts
14 thereof, are desired by the commissioners, which are patented
15 and manufactured or copyrighted products.
16 (4) Those involving any policies of insurance or surety
17 company bonds, those made for public utility service under
18 tariffs on file with the Pennsylvania Public Utility Commission,
19 those made with another political subdivision, the Commonwealth
20 of Pennsylvania, the Federal Government, any agency of the
21 Commonwealth or the Federal Government or any municipal
22 authority, including the sale, leasing or loan of any supplies
23 or materials by the Commonwealth or the Federal Government or
24 their agencies, but the price thereof shall not be in excess of
25 that fixed by the Commonwealth, or the Federal Government, or
26 their respective agencies.
27 (5) Those involving services of members of the medical or
28 legal profession, registered architects, engineers, certified
29 public accountants or other personal services involving
30 professional expert advice.
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1 (6) Those involving contracts entered into by nonprofit
2 cooperative hospital service associations for hospitals and
3 nursing homes which are part of the institutional district or
4 which are owned by the county; operated by the county; or
5 affiliated with the county by the purchasing of, or
6 participating in contracts for, materials, supplies and
7 equipment.
8 * * *
9 Section 1803. Evasion of Advertising Requirements.--No
10 commissioner or commissioners shall evade the provisions of
11 section one thousand eight hundred two of this act, as to
12 advertising for bids or purchasing or contracting for services
13 and personal properties piece-meal, for the purpose of obtaining
14 prices under [four thousand dollars ($4,000)] ten thousand <--
15 dollars ($10,000) THE MONETARY THRESHOLD LEVEL FOR THE COUNTY <--
16 upon transactions which should in the exercise of reasonable
17 discretion and prudence be conducted as one transaction
18 amounting to more than [four thousand dollars ($4,000)] ten <--
19 thousand dollars ($10,000) THE MONETARY THRESHOLD LEVEL FOR THE <--
20 COUNTY. This provision is intended to make unlawful the practice
21 of evading advertising requirements by making a series of
22 purchases or contracts each for less than the advertising
23 requirement price, or by making several simultaneous purchases
24 or contracts each below said price, when in either case the
25 transaction involved should have been made as one transaction
26 for one price. Any county commissioners who so vote in violation
27 of this provision and who know that the transaction upon which
28 they so vote is or ought to be a part of a larger transaction
29 and that it is being divided in order to evade the requirements
30 as to advertising for bids shall be, jointly and severally,
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1 subject to surcharge for any loss sustained. Wherever it shall
2 appear that a commissioner may have voted in violation of this
3 section, but the purchase or contract on which he so voted was
4 not approved by the board of county commissioners, this section
5 shall be inapplicable.
6 Section 2. Sections 2317 and 2670 of the act, amended
7 December 22, 1981 (P.L.580, No.167), are amended to read:
8 Section 2317. Separate Bids for Plumbing, Heating,
9 Ventilating, Electrical Work, Elevators and Moving Stairs.--In
10 the preparation of specifications for the erection, construction
11 and alteration of any public building, when the entire cost of
12 such work shall exceed [four thousand dollars ($4000)] ten <--
13 thousand dollars ($10,000) THE MONETARY THRESHOLD LEVEL FOR THE <--
14 COUNTY the architect, engineer or other person preparing such
15 specifications shall prepare only the following separate
16 specifications: (1) plumbing, (2) heating, (3) ventilating, (4)
17 electrical work, (5) elevators and moving stairs, and (6) one
18 complete set of specifications for all the other work to be done
19 in such erection, construction and alteration. The board of
20 commissioners shall receive separate bids upon each of the said
21 branches of work and award the contract for the same to the
22 lowest responsible bidder for each of said branches, including
23 the balance of the work in addition to the plumbing, heating,
24 ventilating and electrical work, and elevators and moving
25 stairs. Where it is desired to install an air conditioning unit,
26 the heating and ventilating so involved may be regarded as one
27 branch of work having only one set of specifications, and bids
28 may be received and a contract awarded thereon, as hereinbefore
29 provided.
30 Section 2670. Building or Repair of Bridges.--In addition to
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1 the provisions of Articles XVIII and XXIII of this act relating
2 to contracting for services and personal property, whenever the
3 county commissioners propose to build or repair a bridge at a
4 cost in excess of [four thousand dollars ($4000)] ten thousand <--
5 dollars ($10,000) THE MONETARY THRESHOLD LEVEL FOR THE COUNTY <--
6 their advertisements for bids shall contain the description of
7 the repairs, or designs of the kind of bridge, required. When
8 the contract is for the building of a bridge, the designs and
9 specifications therefor, or a copy thereof, shall be kept in the
10 office of the county commissioners, open to the inspection of
11 all intending bidders during such advertising and the time
12 specified therein for the reception of bids. In the case of a
13 bridge to be erected over a stream upon the line between two
14 adjoining counties, the advertising shall be done in each of
15 said counties, and a copy of the plans and specifications shall
16 be kept in the commissioners' office of each county. The time of
17 filing bids and the person's name with whom filed must be marked
18 on the outside of said bids.
19 Section 3. This act shall take effect in 60 days.
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