HOUSE AMENDED

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY FOLMER, VOGEL, RAFFERTY, ERICKSON, ORIE, SMUCKER, FARNESE, PILEGGI, ALLOWAY, BROWNE, WAUGH, FERLO, YUDICHAK, BOSCOLA, MENSCH AND PICCOLA, JULY 21, 2011

AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 25, 2012   

AN ACT

Amending Title 62 (Procurement) of the Pennsylvania Consolidated

Statutes, providing for public access to procurement records;

<--

and further providing for competitive sealed proposals, for 

<--

sole source procurement and for emergency procurement.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 515 and 516 of Title 62 of the

<--

Pennsylvania Consolidated Statutes are amended to read:

Section 1.  Title 62 of the Pennsylvania Consolidated

<--

Statutes is amended by adding a section to read:

§ 106.1.  Public access to procurement records.

(a)  General rule.--Records concerning a procurement shall be

made public, consistent with the act of February 14, 2008

(P.L.6, No.3), known as the Right-to-Know Law.

(b)  Access for noncompetitive contracts.--If a procurement

is to be made under section 513 (relating to competitive sealed

proposals), 515 (relating to sole source procurement), 517

(relating to multiple awards), 518 (relating to competitive

selection procedures for certain services), 519 (relating to

selection procedure for insurance and notary bonds) or 905

(relating to procurement of design professional services), seven

calendar days prior to execution by the contracting official the

purchasing agency shall post the proposed contract and any

written determination made by the contracting officer which is

related to the contract on its publicly accessible Internet

website.

Section 2.  Sections 513(e), 515 and 516 of Title 62 are

amended to read:

§ 513.  Competitive sealed proposals.

* * *

(e)  Evaluation.--The relative importance of the evaluation

factors shall be fixed prior to opening the proposals. A

Commonwealth agency is required to invite its comptroller to

participate in the evaluation as a nonvoting member of any

evaluation committee. No individual who has been employed by an

offeror within the last two years may participate in the

evaluation of proposals.

* * *

§ 515.  Sole source procurement.

(a)  General rule.--A contract may be awarded for a supply,

service or construction item without competition if the

contracting officer first determines in writing that one of the

following conditions exists:

(1)  Only a single contractor is capable of providing the

supply, service or construction.

(2)  A Federal or State statute or Federal regulation

exempts the supply, service or construction from the

competitive procedure.

(3)  The total cost of the supply, service or

construction is less than the amount established by the

department for small, no-bid procurements under section 514

(relating to small procurements).

(4)  It is clearly not feasible to award the contract for

supplies or services on a competitive basis.

(5)  The services are to be provided by attorneys or

litigation consultants selected by the Office of General

Counsel, the Office of Attorney General, the Department of

the Auditor General or the Treasury Department.

(6)  The services are to be provided by expert witnesses.

(7)  The services involve the repair, modification or

calibration of equipment and they are to be performed by the

manufacturer of the equipment or by the manufacturer's

authorized dealer, provided the contracting officer

determines that bidding is not appropriate under the

circumstances.

(8)  The contract is for investment advisors or managers

selected by the Public School Employees' Retirement System,

the State Employees' Retirement System or a State-affiliated

entity.

(9)  The contract is for financial or investment experts

to be used and selected by the Treasury Department or

financial or investment experts selected by the Secretary of

the Budget.

(10)  The contract for supplies or services is in the

best interest of the Commonwealth.

(b)  Posting of determination on Internet.--For procurements

<--

made under subsection (a)(1), (2), (4) and (10),  a

determination to support the finding that the condition exists

shall be posted on the purchasing agency's publicly accessible

Internet website for seven calendar days for public comment

prior to Commonwealth execution of the contract.

(c) (b)  Written determination.--The written determination

<--

authorizing sole source procurement shall be included in the

contract file. For procurements over $250,000 made under  

subsection (a)(10), the determination shall be signed by the

head of the purchasing agency.

(d) (c)  Approval required by board of commissioners of

<--

public grounds and buildings.-- With the exception of small

procurements under section 514 and emergency procurements under

section 516 (relating to emergency procurement), if the sole

source procurement is for a supply, except for computer software

updates under $50,000, for which the department acts as

purchasing agency, it must be approved by the Board of

Commissioners of Public Grounds and Buildings prior to the award

of a contract.

§ 516.  Emergency procurement.

The head of a purchasing agency may make or authorize others

to make an emergency procurement when there exists a threat to

public health, welfare or safety or circumstances outside the

control of the agency create an urgency of need which does not

permit the delay involved in using more formal competitive

methods. Whenever practical, in the case of a procurement of a

supply, at least two [bids] quotes shall be solicited. A written

determination of the basis for the emergency and for the

selection of the particular contractor shall be included in the  

[contract file.] procurement file and shall be posted on the

purchasing agency's publicly accessible Internet website within

seven calendar days after the emergency procurement is

authorized and shall remain on the website for a minimum of 30

days. No written contract shall be required. The supplier of the

supply, service or construction may be paid based on the

emergency approval and approved invoice.

Section 2 3.  This act shall take effect in 60 days.

<--