PRINTER'S NO. 1422
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1216
Session of
2019
INTRODUCED BY TOPPER, BERNSTINE, BOBACK, DOWLING, KAUFFMAN,
KEEFER, MASSER, MILLARD, PICKETT, ZIMMERMAN AND MOUL,
APRIL 15, 2019
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 15, 2019
AN ACT
Amending Title 62 (Procurement) of the Pennsylvania Consolidated
Statutes, in intergovernmental relations, prohibiting school
districts from participating in, sponsoring, conducting or
administering a cooperative purchasing agreement for the
procurement of roof construction.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1902 of Title 62 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 1902. Cooperative purchasing authorized.
[A] (a) General rule.--Except as provided under subsection
(b), a public procurement unit may either participate in,
sponsor, conduct or administer a cooperative purchasing
agreement for the procurement of any supplies, services or
construction with one or more public procurement units or
external procurement activities in accordance with an agreement
entered into between the participants. The Department of General
Services is authorized to enter into cooperative purchasing
contracts solely for the use of local public procurement units
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or State-affiliated entities. The department shall enter into
cooperative purchasing contracts for the use of local public
procurement units or State-affiliated entities if the number of
contractors under a previously existing contract for the same
supply or service is reduced to a single contractor or reduced
by more than 50% of the number existing on September 30, 2003,
and shall award such contracts pursuant to section 517 (relating
to multiple awards) using an invitation for bids. Nothing in
this section shall prohibit a local public procurement unit or
State-affiliated entity from participating in or procuring from
other cooperative purchasing agreements awarded by the
department. Cooperative purchasing may include, but is not
limited to, joint or multiparty contracts between public
procurement units and open-ended purchasing agency contracts
which are made available to local public procurement units.
(b) Exception.--A school district may not participate in,
sponsor, conduct or administer a cooperative purchasing
agreement for the procurement of roof construction.
Section 2. The amendment of 62 Pa.C.S. § 1902 shall apply to
cooperative purchasing agreements solicited, entered into or
renewed on or after the effective date of this section.
Section 3. This act shall take effect in 90 days.
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