HOUSE AMENDED
PRIOR PRINTER'S NOS. 813, 1658 PRINTER'S NO. 2224
No. 749 Session of 1989
INTRODUCED BY STOUT, CORMAN, STEWART, BRIGHTBILL, PUNT, LEMMOND,
PORTERFIELD, MADIGAN, AFFLERBACH, REIBMAN AND PETERSON,
MARCH 23, 1989
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 30, 1990
AN ACT
1 Amending the act of June 5, 1947 (P.L.458, No.208), entitled, as
2 amended, "An act creating as bodies corporate and politic
3 'Parking Authorities' in cities of the first, second, second
4 A and third classes, boroughs, and townships of the first
5 class; prescribing the rights, powers and duties of such
6 authorities; authorizing such authorities to acquire,
7 construct, improve, maintain and operate parking projects, to
8 conduct research of the parking problem, to supervise,
9 operate and administer an efficient coordinated system of on-
10 street parking regulation where so authorized by municipal
11 ordinance or resolution, to establish a permanent coordinated
12 system of off-street parking facilities, and to borrow money
13 and issue bonds for such facilities therefor; providing for
14 the payment of such bonds and prescribing the rights of the
15 holders thereof; conferring the right of eminent domain on
16 such authorities; empowering such authorities to enter into
17 contracts with, and to accept grants from, the Federal
18 Government, State, political subdivisions of the State or any
19 agency thereof; exempting the property and securities of such
20 parking authorities from taxation and conferring exclusive
21 jurisdiction on certain courts over rates for their
22 facilities," increasing FURTHER PROVIDING FOR the maximum <--
23 amount for which an authority may contract or purchase
24 without bids.
25 The General Assembly of the Commonwealth of Pennsylvania
26 hereby enacts as follows:
27 Section 1. Section 11 of the act of June 5, 1947 (P.L.458,
1 No.208), known as the Parking Authority Law, amended or added
2 October 4, 1978 (P.L.1029, No.229) and February 5, 1982 (P.L.15,
3 No.7), is amended to read:
4 Section 11. Competition in Award of Contracts.--(a) All
5 construction, reconstruction, repairs or work of any nature made
6 by any Authority, where the entire cost, value or amount of such
7 construction, reconstruction, repairs or work including labor
8 and materials, shall exceed [four thousand dollars ($4,000)] ten <--
9 thousand dollars ($10,000) THE MONETARY THRESHOLD LEVEL FOR THE <--
10 AUTHORITY, except reconstruction, repairs or work done by
11 employes of said Authority, or by labor supplied under agreement
12 with any Federal or State agency with supplies and materials
13 purchased as hereinafter provided, shall be done only under
14 contract or contracts to be entered into by the Authority with
15 the lowest responsible bidder, upon proper terms, after due
16 public notice has been given, asking for competitive bids as
17 hereinafter provided. No contract shall be entered into for
18 construction or improvement or repair of any project, or portion
19 thereof, unless the contractor shall give an undertaking with a
20 sufficient surety or sureties, approved by the Authority, and in
21 an amount fixed by the Authority for the faithful performance of
22 the contract. All such contracts shall provide, among other
23 things, that the person or corporation entering into such
24 contract with the Authority will pay for all materials furnished
25 and services rendered for the performance of the contract, and
26 that any person or corporation furnishing such materials or
27 rendering such services may maintain an action to recover for
28 the same against the obligor in the undertaking, as though such
29 person or corporation was named therein, provided the action is
30 brought within one year after the time the cause of action
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1 accrued. Nothing in this section shall be construed to limit the
2 power of the Authority to construct, repair or improve any
3 project or portion thereof, or any addition, betterment or
4 extension thereto directed by the officers, agents and employes
5 of the Authority or otherwise than by contract.
6 (A.1) THE MONETARY THRESHOLD LEVEL ABOVE WHICH COMPETITIVE <--
7 BIDDING SHALL BE REQUIRED SHALL BE ONE PER CENTUM (1%) OF THE
8 TOTAL OF ALL BUDGETS ADMINISTERED BY THE AUTHORITY, BUT IN NO
9 CASE SHALL THE MONETARY THRESHOLD BE LESS THAN FOUR THOUSAND
10 DOLLARS ($4,000), NOR MORE THAN TEN THOUSAND DOLLARS ($10,000).
11 (b) All supplies and materials [costing [four thousand <--
12 dollars ($4,000)] ten thousand dollars ($10,000) or more] WHICH <--
13 COST OR EXCEED THE MONETARY THRESHOLD LEVEL FOR THE AUTHORITY
14 shall be purchased only after due advertisement as hereinafter
15 provided. THE Authority shall accept the lowest bid or bids, <--
16 kind, quality and material being equal, but the Authority shall
17 have the right to reject any or all bids or select a single item
18 from any bid. The provisions as to bidding shall not apply to
19 the purchase of patented and manufactured products offered for
20 sale in a noncompetitive market, or solely by a manufacturer's
21 authorized dealer.
22 (B.1) WRITTEN OR TELEPHONIC PRICE QUOTATIONS FROM AT LEAST <--
23 THREE QUALIFIED AND RESPONSIBLE CONTRACTORS SHALL BE REQUESTED
24 FOR ALL CONTRACTS THAT EXCEED FOUR THOUSAND DOLLARS ($4,000) BUT
25 ARE LESS THAN THE AMOUNT REQUIRING ADVERTISEMENT AND COMPETITIVE
26 BIDDING OR, IN LIEU OF PRICE QUOTATIONS, A MEMORANDUM SHALL BE
27 KEPT ON FILE SHOWING THAT FEWER THAN THREE QUALIFIED CONTRACTORS
28 EXIST IN THE MARKET AREA WITHIN WHICH IT IS PRACTICABLE TO
29 OBTAIN QUOTATIONS. A WRITTEN RECORD OF TELEPHONIC PRICE
30 QUOTATIONS SHALL BE MADE AND SHALL CONTAIN AT LEAST THE DATE OF
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1 THE QUOTATION, THE NAME OF THE CONTRACTOR AND THE CONTRACTOR'S
2 REPRESENTATIVE, THE CONSTRUCTION, RECONSTRUCTION, REPAIR,
3 MAINTENANCE OR WORK WHICH WAS THE SUBJECT OF THE QUOTATION AND
4 THE PRICE. WRITTEN PRICE QUOTATIONS, WRITTEN RECORDS OF
5 TELEPHONIC PRICE QUOTATIONS AND MEMORANDA SHALL BE RETAINED FOR
6 A PERIOD OF THREE YEARS.
7 (c) The terms, advertisement or due public notice, wherever
8 used in this section shall mean a notice published at least ten
9 (10) days before the award of any contract in a newspaper of
10 general circulation published in the municipality where the
11 Authority has its principal office, and if no newspaper is
12 published therein, then by publication in a newspaper in the
13 county where the Authority has its principal office.
14 (d) No member of the Authority or officer or employe thereof
15 shall either directly or indirectly be a party to, or be in any
16 manner interested in, any contract or agreement with the
17 Authority for any matter, cause or thing whatsoever by reason
18 whereof any liability or indebtedness shall in any way be
19 created against such Authority. If any contract or agreement
20 shall be made in violation of the provisions of this section the
21 same shall be null and void and no action shall be maintained
22 thereon against such Authority.
23 (e) Subject to the foregoing provisions any Authority may,
24 but without intending by this provision to limit any powers of
25 such Authority, enter into and carry out such contracts or
26 establish or comply with such rules and regulations concerning
27 labor and materials and other related matters in connection with
28 any project or portion thereof as the Authority may deem
29 desirable, or as may be requested by any Federal agency that may
30 assist in the financing of such project or any part thereof:
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1 Provided, however, That the provisions of this section shall not
2 apply to any case in which the Authority has taken over by
3 transfer or assignment any contract authorized to be assigned to
4 it under the provisions of section sixteen of this act, nor to
5 any contract in connection with the construction of any project
6 which the Authority may have had transferred to it by any person
7 or private corporation.
8 (f) Every contract for the construction, reconstruction,
9 alteration, repair, improvement or maintenance of public works
10 shall comply with the provisions of the act of March 3, 1978
11 (P.L.6, No.3), known as the "Steel Products Procurement Act."
12 (g) An Authority shall not evade the provisions of this
13 section as to bids or purchasing materials or contracting for
14 services piece-meal, for the purpose of obtaining prices under
15 ten thousand dollars ($10,000) THE MONETARY THRESHOLD LEVEL FOR <--
16 THE AUTHORITY upon transactions which should in the exercise of
17 reasonable discretion and prudence be conducted as one
18 transaction amounting to more than ten thousand dollars <--
19 ($10,000) THE MONETARY THRESHOLD LEVEL FOR THE AUTHORITY. This <--
20 provision is intended to make unlawful the practice of evading
21 advertising requirements by making a series of purchases or
22 contracts each for less than the advertising requirement price,
23 or by making several simultaneous purchases or contracts each
24 below said price, when in either case the transaction involved
25 should have been made as one transaction for one price.
26 Section 2. This act shall take effect in 60 days.
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