HOUSE AMENDED
PRIOR PRINTER'S NOS. 813, 1658, 2224 PRINTER'S NO. 2375
No. 749 Session of 1989
INTRODUCED BY STOUT, CORMAN, STEWART, BRIGHTBILL, PUNT, LEMMOND,
PORTERFIELD, MADIGAN, AFFLERBACH, REIBMAN AND PETERSON,
MARCH 23, 1989
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 26, 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; AND PROVIDING A PENALTY. <--
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 TEN THOUSAND DOLLARS ($10,000), except reconstruction, <--
11 repairs or work done by employes of said Authority, or by labor
12 supplied under agreement with any Federal or State agency with
13 supplies and materials purchased as hereinafter provided, shall
14 be done only under contract or contracts to be entered into by
15 the Authority with the lowest responsible bidder, upon proper
16 terms, after due public notice has been given, asking for
17 competitive bids as hereinafter provided. No contract shall be
18 entered into for construction or improvement or repair of any
19 project, or portion thereof, unless the contractor shall give an
20 undertaking with a sufficient surety or sureties, approved by
21 the Authority, and in an amount fixed by the Authority for the
22 faithful performance of the contract. All such contracts shall
23 provide, among other things, that the person or corporation
24 entering into such contract with the Authority will pay for all
25 materials furnished and services rendered for the performance of
26 the contract, and that any person or corporation furnishing such
27 materials or rendering such services may maintain an action to
28 recover for the same against the obligor in the undertaking, as
29 though such person or corporation was named therein, provided
30 the action is brought within one year after the time the cause
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1 of action accrued. Nothing in this section shall be construed to
2 limit the power of the Authority to construct, repair or improve
3 any 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)] TEN THOUSAND <--
13 DOLLARS ($10,000) or more] WHICH COST OR EXCEED THE MONETARY <--
14 THRESHOLD LEVEL FOR THE AUTHORITY shall be purchased only after
15 due advertisement as hereinafter provided. THE Authority shall <--
16 accept the lowest bid or bids, kind, quality and material being
17 equal, but the Authority shall have the right to reject any or
18 all bids or select a single item from any bid. The provisions as
19 to bidding shall not apply to the purchase of patented and
20 manufactured products offered for sale in a noncompetitive
21 market, or solely by a manufacturer's 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 TEN THOUSAND DOLLARS ($10,000) upon transactions <--
17 which should in the exercise of reasonable discretion and
18 prudence be conducted as one transaction amounting to more than
19 ten thousand dollars ($10,000) THE MONETARY THRESHOLD LEVEL FOR <--
20 THE AUTHORITY TEN THOUSAND DOLLARS ($10,000). This provision is <--
21 intended to make unlawful the practice of evading advertising
22 requirements by making a series of purchases or contracts each
23 for less than the advertising requirement price, or by making
24 several simultaneous purchases or contracts each below said
25 price, when in either case the transaction involved should have
26 been made as one transaction for one price.
27 (H) ANY AUTHORITY MEMBER WHO VOTES TO UNLAWFULLY EVADE THE <--
28 PROVISIONS OF THIS SECTION AND WHO KNOWS THAT THE TRANSACTION
29 UPON WHICH HE SO VOTES IS OR OUGHT TO BE A PART OF A LARGER
30 TRANSACTION AND THAT IT IS BEING DIVIDED IN ORDER TO EVADE THE
19890S0749B2375 - 5 -
1 REQUIREMENTS AS TO ADVERTISING FOR BIDS, COMMITS A MISDEMEANOR
2 OF THE THIRD DEGREE FOR EACH CONTRACT ENTERED INTO AS A DIRECT
3 RESULT OF THAT VOTE.
4 Section 2. This act shall take effect in 60 days.
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