Bill Text: PA HB2360 | 2009-2010 | Regular Session | Introduced

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Bill Title: Defining "request for quote"; providing for additional duties of the Department of General Services and for duties of other Commonwealth agencies; and further providing for retention of procurement records.

Spectrum: Slight Partisan Bill (Democrat 15-9)

Status: (Introduced - Dead) 2010-03-19 - Referred to STATE GOVERNMENT [HB2360 Detail]

Download: Pennsylvania-2009-HB2360-Introduced.html

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PRINTER'S NO. 3413
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2360 Session of2010
INTRODUCED BY YUDICHAK, WAGNER, FREEMAN, CARROLL, BOYD, BRIGGS, ELLIS, FABRIZIO, GOODMAN, GROVE, GRUCELA, HARHAI, HENNESSEY, HESS, HORNAMAN, W. KELLER, KORTZ, MATZIE, MURT, O'NEILL, K. SMITH, SOLOBAY, SWANGER AND WANSACZ, MARCH 19, 2010
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 19, 2010
AN ACT
Amending Title 62 (Procurement) of the Pennsylvania Consolidated
Statutes, defining "request for quote"; providing for
additional duties of the Department of General Services and
for duties of other Commonwealth agencies; and further
providing for retention of procurement records.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 103 of Title 62 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 103. Definitions.
Subject to additional definitions contained in subsequent
provisions of this part which are applicable to specific
provisions of this part, the following words and phrases when
used in this part shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
* * *
"Request for quote." A request sent by a buyer to one or
more sellers for the pricing and availability of a defined
quantity of specific items.
* * *
Section 2. Title 62 is amended by adding a section to read:
§ 321.1. Additional duties.
The department shall:
(1) Ensure that Commonwealth agencies, prior to entering
into a contract, perform a detailed analysis as to whether a
project should be completed in-house or by a contractor. The
analysis must include determining the resources needed for
the agency to perform the project in-house, including the
hiring of information technology staff.
(2) Require Commonwealth agencies to include adequate
knowledge transfer provisions in information technology
contracts.
(3) Require Commonwealth agencies to receive the
appropriate amount of knowledge transfer and to maximize the
use of in-house information technology staff to perform
maintenance and upgrades on systems to reduce the need for
maintenance contracts with one bidder.
(4) For each Commonwealth agency, identify and report to
the Governor on an annual basis any need for additional
information technology staff.
(5) Ensure that Commonwealth agencies develop written
policies and procedures to document a comprehensive request
for proposal preparation, review and approval methodology,
including the approval of all reviewers of the request for
proposal, within the contract procurement file and to
document a formal methodology for selecting evaluation
committee members.
(6) Ensure that Commonwealth agencies provide written
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instructions for completing detailed scoring sheets to the
evaluation committee members, including requirements such as
signing the scoring sheets, writing comments and documenting
score adjustments.
(7) Ensure that Commonwealth agencies formally document
all evaluation committee meetings within the contract
procurement file.
(8) Ensure that Commonwealth agencies conduct a
preproposal conference for each request for proposal or
request for quote issued or formally document the
justification as to why a preproposal conference is not
necessary.
(9) Ensure that Commonwealth agencies retain key
procurement documents within the procurement file for the
appropriate retention period.
(10) Ensure that Commonwealth agencies maintain detailed
documentation to support justification of the use of sole
source procurement. A notation of "due to previous experience
with the contractor" or "due to a tight time frame" in the
absence of additional documentation shall not be considered
sufficient documentation for the purposes of this paragraph.
(11) Ensure that emergency procurements are necessary
due to a threat to public health, welfare or safety or due to
circumstances outside the control of the Commonwealth agency,
and the reason for the emergency is well documented.
(12) Ensure that Commonwealth agencies maintain detailed
documentation to support the justification of change orders.
(13) Monitor change orders to contracts to ensure that
they are justified and properly approved.
(14) Ensure that Commonwealth agencies analyze and
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document the potential use of alternate vendors.
(15) Ensure that Commonwealth agencies obtain the proper
approvals on the appropriate procurement forms.
(16) Ensure that agencies enter all contracts and
related change order and amendment information into the
online sourcing and procurement system to ensure complete
accountability of all contracts.
(17) Require that Commonwealth agencies enter detailed
expenditure information, including descriptions, into the
online sourcing and procurement system at the time of payment
to ensure better tracking and accountability of expenditures
by contract.
(18) Monitor expenditures, including facility costs, to
ensure that services do not overlap between contracts and
that overbilling does not occur.
(19) Ensure that vendors are not improperly benefiting
from the misapplication of the law governing Department of
Community and Economic Development grant moneys and the job
creation tax credit program.
(20) Ensure that Commonwealth agencies have standard
operating procedures for information technology procurement.
(21) Review Commonwealth agencies' information
technology procurement standard operating procedures to
ensure effectiveness and compliance with law and policy.
(22) Monitor the results and scoring of Commonwealth
agencies' proposal evaluation committees.
(23) Review procedures relating to information
technology contract procurements and monitor the results to
ensure an independent and unbiased environment.
(24) Ensure that the Office of Information Technology in
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the Commonwealth's Office of Administration:
(i) Excludes an employee with the potential for or
the appearance of a conflict of interest from
participating on any contract evaluation committee.
(ii) Develops standard operating procedures for
review and approval of information technology
procurements and contract changes over $100,000.
(iii) Documents its review of information technology
procurements and contract changes, including detailed
comments and decision-making process of the reviewers,
sign-offs by the reviewers and sign-offs of any person
providing final approval.
(iv) Improves its recordkeeping to ensure that
documentation of reviews and approvals of information
technology procurements and contract changes can be
retrieved in a timely manner.
(v) Reviews and approves information technology
requests for proposals, requests for quotes, sole source
procurement requests, emergency contracts and contract
changes more than $100,000 in accordance with Executive
Order 2004-8.
(vi) Adequately monitors the chief information
officers of Commonwealth agencies to ensure that minimum
requirements for the position are met.
(25) Audit Commonwealth agencies' information technology
contracting processes and expenditures on a regular basis.
(26) Immediately investigate allegations of impropriety
regarding the awarding of contracts.
(27) Develop and enforce ethical standards that require
State employees who procure goods and services on behalf of
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the Commonwealth, including those who participate in proposal
evaluation committees or approve contracts, to refrain from
all direct or indirect relationships with any individual or
enterprise that does business with the Commonwealth.
(28) Develop education, training and experience
requirements for individuals to be selected for a proposal
evaluation committee.
(29) Develop a policy stipulating time frames for review
and approval of large procurements or contracts.
(30) Review and certify that each Commonwealth agency's
procurement process is in compliance with laws and
regulations to ensure transparency. If deficiencies are
noted, the department shall require an agency to rectify
them.
(31) Develop a time frame for recertifying Commonwealth
agencies' procurement processes.
(32) Ensure that a database exists to enable State
government to have full accountability of all contracts,
change orders and amendments.
(33) Monitor contracting and purchasing activities of
Commonwealth agencies for reasonableness, consistency and
compliance.
(34) Determine the annual training needs of the
Commonwealth agencies' procurement professionals and ensure
that those needs are met.
(35) Ensure that all Commonwealth agency chief
information officer positions are filled in compliance with
minimum educational, training and experience requirements.
Section 3. Chapter 3 of Title 62 is amended by adding a
subchapter to read:
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SUBCHAPTER F
POWERS AND DUTIES OF OTHER
COMMONWEALTH AGENCIES
Sec.
336. Department of Community and Economic Development.
§ 336. Department of Community and Economic Development.
The Department of Community and Economic Development shall:
(1) Communicate with other Commonwealth agencies to
determine the magnitude of existing Commonwealth contracts
with a vendor before awarding grants and tax credits.
(2) Verify by reviewing source documentation that
vendors actually hire and retain the number of employees
agreed upon.
(3) Document its review of grant expenditures, including
using work papers and documented procedures performed.
(4) Develop written standard operating procedures for
review and approval of the grant and job creation tax credit
process.
Section 4. Section 563 of Title 62 is amended to read:
§ 563. Retention of procurement records.
All procurement records, including any written determinations
issued in accordance with section 561 (relating to finality of
determinations), shall be retained for a minimum of three years
from the date of final payment under the contract and disposed
of in accordance with records retention guidelines and schedules
as provided by law. In accordance with applicable law, all
retained documents shall be made available to the State
Treasurer, Auditor General, General Counsel, Inspector General
and Attorney General upon request, including, but not limited
to, the names of the proposal evaluation committee members,
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copies of proposals not selected and detailed scoring sheets by
each member of the proposal evaluation committee.
Section 5. This act shall take effect in 60 days.
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