PRIOR PRINTER'S NO. 811 PRINTER'S NO. 1819
No. 747 Session of 1989
INTRODUCED BY STOUT, JUBELIRER, CORMAN, STEWART, BRIGHTBILL,
PUNT, LEMMOND, PORTERFIELD, MADIGAN, AFFLERBACH, REIBMAN AND
PETERSON, MARCH 23, 1989
AS AMENDED ON THIRD CONSIDERATION, DECEMBER 12, 1989
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," increasing the amount of work of any
6 nature which can be performed on property owned by a school
7 district without advertising and without competitive bids;
8 and increasing the amount of furniture, equipment and
9 supplies that can be purchased without advertisement.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 751(a) and (b) of the act of March 10,
13 1949 (P.L.30, No.14), known as the Public School Code of 1949,
14 amended February 4, 1982 (P.L.1, No.1) and June 29, 1984
15 (P.L.438, No.93), are amended AND A SUBSECTION IS ADDED to read: <--
16 Section 751. Work to be Done Under Contract Let on Bids;
17 Exception.--(a) All construction, reconstruction, repairs,
18 maintenance or work of any nature, including the introduction of
19 plumbing, heating and ventilating, or lighting systems, upon any
20 school building or upon any school property, or upon any
21 building or portion of a building leased under the provisions of
1 section 703.1, made by any school district, where the entire
2 cost, value, or amount of such construction, reconstruction,
3 repairs, maintenance or work, including labor and material,
4 shall exceed [four thousand dollars ($4,000)] ten thousand
5 dollars ($10,000), shall be done under separate contracts to be
6 entered into by such school district with the lowest responsible
7 bidder, upon proper terms, after due public notice has been
8 given asking for competitive bids. Whenever a board of school
9 directors shall approve the use of a prefabricated unit,
10 complete in itself, for a school building or other proper
11 structure to be erected upon school property, the board of
12 school directors may have prepared appropriate specifications
13 detailing the size and material desired in a particular
14 prefabricated unit, including all utilities such as plumbing,
15 heating and ventilating, and electrical work, and may advertise
16 for a single bid on all the work and award the contract therefor
17 to the lowest responsible bidder: Provided, That if due to an
18 emergency a school plant or any part thereof becomes unusable
19 competitive bids for repairs or replacement may be solicited
20 from at least three responsible bidders, and upon the approval
21 of any of these bids by the Secretary of Education, the board of
22 school directors may proceed at once to make the necessary
23 repairs or replacements in accordance with the terms of said
24 approved bid or bids.
25 (b) The board of school directors in any school district may
26 perform any construction, reconstruction, repairs, or work of
27 any nature, where the entire cost or value, including labor and
28 material, is less than five thousand dollars ($5000), by its own
29 maintenance personnel. [The board may have any such
30 construction, reconstruction, repairs, or work up to ten
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1 thousand dollars ($10,000) performed by contract after
2 soliciting bids from at least three responsible bidders:
3 Provided, That the] The board of school directors in any school
4 district may authorize the secretary of the board or other
5 executive to award contracts for construction, reconstruction,
6 repairs, or work of any nature, where the entire cost or value,
7 including labor and material, is [four thousand dollars
8 ($4,000)] ten thousand dollars ($10,000) or less, without
9 soliciting competitive bids.
10 * * *
11 (F) NO BOARD OF SCHOOL DIRECTORS SHALL EVADE THE PROVISIONS <--
12 OF THIS SECTION AS TO ADVERTISING FOR BIDS OR PURCHASING
13 MATERIALS OR CONTRACTING FOR SERVICES PIECE-MEAL, FOR THE
14 PURPOSE OF OBTAINING PRICES UNDER TEN THOUSAND DOLLARS ($10,000)
15 UPON TRANSACTIONS WHICH SHOULD IN THE EXERCISE OF REASONABLE
16 DISCRETION AND PRUDENCE BE CONDUCTED AS ONE TRANSACTION
17 AMOUNTING TO MORE THAN TEN THOUSAND DOLLARS ($10,000). THIS
18 PROVISION IS INTENDED TO MAKE UNLAWFUL THE PRACTICE OF EVADING
19 ADVERTISING REQUIREMENTS BY MAKING A SERIES OF PURCHASES OR
20 CONTRACTS EACH FOR LESS THAN THE ADVERTISING REQUIREMENT PRICE,
21 OR BY MAKING SEVERAL SIMULTANEOUS PURCHASES OR CONTRACTS EACH
22 BELOW SAID PRICE, WHEN IN EITHER CASE THE TRANSACTION INVOLVED
23 SHOULD HAVE BEEN MADE AS ONE TRANSACTION FOR ONE PRICE.
24 Section 2. Section 807.1 of the act, amended February 4,
25 1982 (P.L.1, No.1), is amended to read:
26 Section 807.1. Purchase of Supplies.--(A) All furniture, <--
27 equipment, textbooks, school supplies and other appliances for
28 the use of the public schools, costing [four thousand dollars
29 ($4,000)] ten thousand dollars ($10,000) or more shall be
30 purchased by the board of school directors only after due
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1 advertisement as hereinafter provided. Supplies costing [four
2 thousand dollars ($4,000)] ten thousand dollars ($10,000) or
3 more shall be purchased by the board of school directors only
4 after public notice has been given by advertisement once a week
5 for three (3) weeks in not less than two (2) newspapers of
6 general circulation. In any district where no newspaper is
7 published, said notice may, in lieu of such publication, be
8 posted in at least five (5) public places.
9 (B) The board of school directors shall accept the bid of <--
10 the lowest responsible bidder, kind, quality, and material being
11 equal, but shall have the right to reject any and all bids, or
12 select a single item from any bid. The board of school directors
13 in any district may authorize or appoint the secretary of the
14 board or other executive as purchasing agent for the district,
15 with authority to purchase supplies costing less than [four
16 thousand dollars ($4,000)] ten thousand dollars ($10,000).
17 (C) The following shall be exempt from the above provisions: <--
18 maps, music, globes, charts, educational films, filmstrips,
19 prepared transparencies and slides, pre-recorded magnetic tapes
20 and disc recordings, textbooks, games, toys, prepared kits,
21 flannel board materials, flash cards, models, projectuals and
22 teacher demonstration devices necessary for school use.
23 (D) NO BOARD OF SCHOOL DIRECTORS SHALL EVADE THE PROVISIONS <--
24 OF THIS SECTION AS TO ADVERTISING FOR BIDS OR PURCHASING
25 MATERIALS PIECE-MEAL FOR THE PURPOSE OF OBTAINING PRICES UNDER
26 TEN THOUSAND DOLLARS ($10,000) UPON TRANSACTIONS WHICH SHOULD IN
27 THE EXERCISE OF REASONABLE DISCRETION AND PRUDENCE BE CONDUCTED
28 AS ONE TRANSACTION AMOUNTING TO MORE THAN TEN THOUSAND DOLLARS
29 ($10,000). THIS PROVISION IS INTENDED TO MAKE UNLAWFUL THE
30 PRACTICE OF EVADING ADVERTISING REQUIREMENTS BY MAKING A SERIES
19890S0747B1819 - 4 -
1 OF PURCHASES OR CONTRACTS EACH FOR LESS THAN THE ADVERTISING
2 REQUIREMENT PRICE, OR BY MAKING SEVERAL SIMULTANEOUS PURCHASES
3 OR CONTRACTS EACH BELOW SAID PRICE, WHEN IN EITHER CASE THE
4 TRANSACTION INVOLVED SHOULD HAVE BEEN MADE AS ONE TRANSACTION
5 FOR ONE PRICE.
6 Section 3. This act shall take effect in 60 days.
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