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| PRIOR PRINTER'S NOS. 1481, 1713 | PRINTER'S NO. 2009 |
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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, MENSCH AND PICCOLA, JULY 21, 2011 |
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| SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, MARCH 13, 2012 |
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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) General rule.--A contract may be awarded for a supply, | <-- |
10 | service or construction item without competition if the |
11 | contracting officer first determines in writing that one of the |
12 | following conditions 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. |
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1 | (3) The total cost of the supply, service or |
2 | construction is less than the amount established by the |
3 | department for small, no-bid procurements under section 514 |
4 | (relating to small procurements). |
5 | (4) It is clearly not feasible to award the contract for |
6 | supplies or services on a competitive basis. |
7 | (5) The services are to be provided by attorneys or |
8 | litigation consultants selected by the Office of General |
9 | Counsel, the Office of Attorney General, the Department of |
10 | the Auditor General or the Treasury Department. |
11 | (6) The services are to be provided by expert witnesses. |
12 | (7) The services involve the repair, modification or |
13 | calibration of equipment and they are to be performed by the |
14 | manufacturer of the equipment or by the manufacturer's |
15 | authorized dealer, provided the contracting officer |
16 | determines that bidding is not appropriate under the |
17 | circumstances. |
18 | (8) The contract is for investment advisors or managers |
19 | selected by the Public School Employees' Retirement System, |
20 | the State Employees' Retirement System or a State-affiliated |
21 | entity. |
22 | (9) The contract is for financial or investment experts |
23 | to be used and selected by the Treasury Department or |
24 | financial or investment experts selected by the Secretary of |
25 | the Budget. |
26 | (10) The contract for supplies or services is in the |
27 | best interest of the Commonwealth. |
28 | (b) Posting of justification on Internet.--For procurements | <-- |
29 | made under subsection (a)(1), (2), (4) and (10), justification |
30 | to support the finding that the condition exists shall be posted |
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1 | on the purchasing agency's publicly accessible Internet website |
2 | for seven calendar days for public comment prior to Commonwealth |
3 | execution of the contract. |
4 | (c) Written determination.--The written determination | <-- |
5 | authorizing sole source procurement shall be included in the |
6 | contract file[.] and shall include a justification explaining | <-- |
7 | why the sole source procurement is necessary. For procurements |
8 | over $250,000 made under paragraph (10) subsection (a)(10), the | <-- |
9 | justification, which shall be signed by the Secretary of General | <-- |
10 | Services, and for information technology contracts by the |
11 | Secretary of Administration or by the Chief Information Officer |
12 | of the Office of Information Technology, shall include a |
13 | detailed, written explanation of why the contract for supplies |
14 | or services is in the best interest of the Commonwealth, |
15 | including specifications, requirements, capabilities and |
16 | compatibility required. All written determinations and |
17 | justifications of sole source procurement contracts, purchase |
18 | orders, interagency agreements and intergovernmental cooperation |
19 | agreements shall be posted on the department's publicly |
20 | accessible Internet website. determination shall be signed by | <-- |
21 | the head of the purchasing agency. |
22 | (d) Approval required by board of commissioners of public |
23 | grounds and buildings.-- With the exception of small |
24 | procurements under section 514 and emergency procurements under |
25 | section 516 (relating to emergency procurement), if the sole |
26 | source procurement is for a supply, except for computer software |
27 | updates under $50,000, for which the department acts as |
28 | purchasing agency, it must be approved by the Board of |
29 | Commissioners of Public Grounds and Buildings prior to the award |
30 | of a contract. |
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1 | § 516. Emergency procurement. |
2 | The head of a purchasing agency may make or authorize others |
3 | to make an emergency procurement when there exists a threat to |
4 | public health, welfare or safety or circumstances outside the |
5 | control of the agency create an urgency of need which does not |
6 | permit the delay involved in using more formal competitive |
7 | methods. Whenever practical, in the case of a procurement of a |
8 | supply, at least two [bids] quotes shall be solicited. A written | <-- |
9 | determination of the basis for the emergency and for the |
10 | selection of the particular contractor shall be included in the |
11 | contract file[.] and shall include a justification, which for | <-- |
12 | procurements over $250,000 shall be signed by the Secretary of |
13 | General Services, and for information technology contracts by |
14 | the Secretary of Administration or by the Chief Information |
15 | Officer of the Office of Information Technology, explaining why |
16 | the emergency procurement is necessary. All written |
17 | determinations and justifications of emergency procurement |
18 | contracts, purchase orders, interagency agreements and |
19 | intergovernmental cooperation agreements shall be posted on the |
20 | department's publicly accessible Internet website. [contract | <-- |
21 | file.] procurement file and shall be posted on the purchasing |
22 | agency's publicly accessible Internet website within seven |
23 | calendar days after the emergency procurement is authorized and |
24 | shall remain on the website for a minimum of 30 days. No written |
25 | contract shall be required. The supplier of the supply, service |
26 | or construction may be paid based on the emergency approval and |
27 | approved invoice. |
28 | Section 2. This act shall take effect in 60 days. |
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