PRINTER'S NO. 340

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

343

Session of

2017

INTRODUCED BY BROWNE, McGARRIGLE, VULAKOVICH, FOLMER, WARD,

YUDICHAK AND RAFFERTY, FEBRUARY 15, 2017

REFERRED TO STATE GOVERNMENT, FEBRUARY 15, 2017

hereby enacts as follows:

Section 1. Section 515 of Title 62 of the Pennsylvania

Consolidated Statutes is amended by adding subsections to read:

§ 515. Sole source procurement.

* * *

(d) Legal services contract.--The following shall apply in

the case of legal services procured under subsection (a)(5),

where the attorneys or litigation consultants will be

compensated on a contingent fee basis:

chairperson and the minority chairperson of the State

Government Committee of the House of Representatives. The

report shall list for each contingent fee contract the

parties to the contract, the nature of the contract, the date

the contract was entered into, the date of termination, if

any, and the rate of compensation.

and (2) each contract for legal services shall include the

following provisions:

(e) Definition.--As used in this section, the term

"Commonwealth attorney" means an attorney employed by the

purchasing agency who is eligible to participate in the

retirement system established under 71 Pa.C.S. Pt. XXV (relating

to retirement for State employees and officers).

clergy, physicians, lawyers, dentists and other professional

services which are not performed by other Commonwealth employees

shall be procured in accordance with this section except as

authorized under section 514 (relating to small procurements),

515 (relating to sole source procurement) or 516 (relating to

emergency procurement).

(b) Statement of qualifications.--Persons engaged in

providing the types of services specified in subsection (a) may

submit statements of qualifications and expressions of interest

in providing these services. The contracting officer may specify

a uniform format for statements of qualifications. Persons may

information required of each offeror [and], state the relative

importance of the particular information and disclose the method

of compensation.

(c.1) Method of compensation.--If the head of the purchasing

agency determines in writing that it is in the best interests of

the Commonwealth for the services to be provided on a contingent

fee basis, the head of the purchasing agency shall disclose in

the request for proposals required by subsection (c) that the

method of compensation for the procurement shall be on a

contingent fee basis.

discussions with any responsible offeror to determine the

offeror's qualifications for further consideration. Discussions

shall not disclose any information derived from proposals

submitted by other offerors.

(e) [Award.--Award shall be made to the] Selection for

negotiation.--The responsible offeror determined in writing by

the contracting officer to be best qualified based on the

evaluation factors set forth in the request for proposals[.

Fair] shall be selected for contract negotiations.

(f) Fee for services compensation.--If the offeror is to be

compensated on a fee for services basis, fair and reasonable

offerors in the order of their respective qualification ranking.

[The contract may be awarded to the responsible offeror then

ranked as best qualified if the amount of compensation is

determined to be fair and reasonable.]

(g) Contingent fee compensation.--If the offeror is to be

compensated on a contingent fee basis, fair and reasonable

compensation shall be determined through negotiation.

Compensation shall not exceed 20% of a portion of an award or

settlement . If compensation cannot be agreed upon with the best

qualified responsible offeror, negotiations will be formally

offerors in the order of their respective qualification ranking.

By February 1 of each year, the head of any purchasing agency

that is party to contract in which the method of compensation is

on a contingent fee basis shall submit a report to the

chairperson and minority chairperson of the State Government

Committee of the Senate and the chairperson and minority

chairperson of the State Government Committee of the House of

Representatives. The report shall list for each contingent fee

contract the parties to the contract, the nature of the

contract, the date the contract was entered into, the date of

termination, if any, and the rate of compensation.

(i) Legal services contracts.--If the procurement is for

legal services, in addition to the requirements of subsection

(h), each contract for legal services shall include the

following provisions :

purchasing agency shall retain control over the course and

conduct of any legal action, retain the ability to have

direct contact with any party to the action and participate

in any conference call, hearing, trial or settlement

conference.

(2), Commonwealth attorneys shall be subject to the Rules of

Professional Conduct as set forth by the Supreme Court in

accordance with section 10(c) of Article V of the

Constitution of Pennsylvania.

(j) Definition.--As used in this section, the term

"Commonwealth attorney" means an attorney employed by the

contracting agency who is eligible to participate in the

retirement system established by 71 Pa.C.S. Pt. XXV (relating to

retirement for State employees and officers).

Section 3. The amendment of 62 Pa.C.S. §§ 515 and 518 shall

apply to contracts solicited or entered into on or after the