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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY FOLMER, VOGEL, RAFFERTY, ERICKSON, ORIE, SMUCKER, FARNESE, PILEGGI, ALLOWAY, BROWNE, WAUGH, FERLO, YUDICHAK, BOSCOLA AND MENSCH, JULY 21, 2011 |
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| REFERRED TO STATE GOVERNMENT, JULY 21, 2011 |
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| AN ACT |
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1 | Amending Title 62 (Procurement) of the Pennsylvania Consolidated |
2 | Statutes, further providing for sole source procurement and |
3 | for emergency procurement. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Sections 515 and 516 of Title 62 of the |
7 | Pennsylvania Consolidated Statutes are amended to read: |
8 | § 515. Sole source procurement. |
9 | A contract may be awarded for a supply, service or |
10 | construction item without competition if the contracting officer |
11 | first determines in writing that one of the following conditions |
12 | exists: |
13 | (1) Only a single contractor is capable of providing the |
14 | supply, service or construction. |
15 | (2) A Federal or State statute or Federal regulation |
16 | exempts the supply, service or construction from the |
17 | competitive procedure. |
18 | (3) The total cost of the supply, service or |
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1 | construction is less than the amount established by the |
2 | department for small, no-bid procurements under section 514 |
3 | (relating to small procurements). |
4 | (4) It is clearly not feasible to award the contract for |
5 | supplies or services on a competitive basis. |
6 | (5) The services are to be provided by attorneys or |
7 | litigation consultants selected by the Office of General |
8 | Counsel, the Office of Attorney General, the Department of |
9 | the Auditor General or the Treasury Department. |
10 | (6) The services are to be provided by expert witnesses. |
11 | (7) The services involve the repair, modification or |
12 | calibration of equipment and they are to be performed by the |
13 | manufacturer of the equipment or by the manufacturer's |
14 | authorized dealer, provided the contracting officer |
15 | determines that bidding is not appropriate under the |
16 | circumstances. |
17 | (8) The contract is for investment advisors or managers |
18 | selected by the Public School Employees' Retirement System, |
19 | the State Employees' Retirement System or a State-affiliated |
20 | entity. |
21 | (9) The contract is for financial or investment experts |
22 | to be used and selected by the Treasury Department or |
23 | financial or investment experts selected by the Secretary of |
24 | the Budget. |
25 | (10) The contract for supplies or services is in the |
26 | best interest of the Commonwealth. |
27 | The written determination authorizing sole source procurement |
28 | shall be included in the contract file[.] and shall include a |
29 | justification explaining why the sole source procurement is |
30 | necessary. For procurements made under paragraph (10), the |
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1 | justification, which shall be signed by the Secretary of General |
2 | Services, shall include a detailed, written explanation of why |
3 | the contract for supplies or services is in the best interest of |
4 | the Commonwealth, including specifications, requirements, |
5 | capabilities and compatibility required. All written |
6 | determinations and justifications of sole source procurement |
7 | contracts, purchase orders, interagency agreements and |
8 | intergovernmental cooperation agreements shall be posted on the |
9 | department's Internet website. With the exception of small |
10 | procurements under section 514 and emergency procurements under |
11 | section 516 (relating to emergency procurement), if the sole |
12 | source procurement is for a supply, except for computer software |
13 | updates under $50,000, for which the department acts as |
14 | purchasing agency, it must be approved by the Board of |
15 | Commissioners of Public Grounds and Buildings prior to the award |
16 | of a contract. |
17 | § 516. Emergency procurement. |
18 | The head of a purchasing agency may make or authorize others |
19 | to make an emergency procurement when there exists a threat to |
20 | public health, welfare or safety or circumstances outside the |
21 | control of the agency create an urgency of need which does not |
22 | permit the delay involved in using more formal competitive |
23 | methods. Whenever practical, in the case of a procurement of a |
24 | supply, at least two bids shall be solicited. A written |
25 | determination of the basis for the emergency and for the |
26 | selection of the particular contractor shall be included in the |
27 | contract file[.] and shall include a justification, which shall |
28 | be signed by the Secretary of General Services, explaining why |
29 | the emergency procurement is necessary. All written |
30 | determinations and justifications of emergency procurement |
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1 | contracts, purchase orders, interagency agreements and |
2 | intergovernmental cooperation agreements shall be posted on the |
3 | department's Internet website. |
4 | Section 2. This act shall take effect in 60 days. |
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