Bill Text: PA SB281 | 2011-2012 | Regular Session | Amended


Bill Title: Further providing for commissioners sole contractors for county, for contract procedures, terms and bonds and advertising for bids and for evasion of advertising requirements.

Spectrum: Moderate Partisan Bill (Republican 24-3)

Status: (Engrossed - Dead) 2011-10-04 - Re-referred to APPROPRIATIONS [SB281 Detail]

Download: Pennsylvania-2011-SB281-Amended.html

HOUSE AMENDED

 

PRIOR PRINTER'S NOS. 255, 1553, 1583

PRINTER'S NO.  1638

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

281

Session of

2011

  

  

INTRODUCED BY EICHELBERGER, KASUNIC, FOLMER, GORDNER, BOSCOLA, ORIE, RAFFERTY, YAW, M. WHITE, D. WHITE, ERICKSON, BAKER, ALLOWAY, BRUBAKER, GREENLEAF, SMUCKER, EARLL, SCARNATI, FERLO, ROBBINS, VANCE, WAUGH, McILHINNEY, PICCOLA, WARD, MENSCH AND BROWNE, JANUARY 26, 2011

  

  

AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, OCTOBER 4, 2011   

  

  

  

AN ACT

  

1

Amending the act of August 9, 1955 (P.L.323, No.130), entitled,

2

as amended, "An act relating to counties of the first, third,

3

fourth, fifth, sixth, seventh and eighth classes; amending,

4

revising, consolidating and changing the laws relating

5

thereto; relating to imposition of excise taxes by counties,

6

including authorizing imposition of an excise tax on the

7

rental of motor vehicles by counties of the first class; and

8

providing for regional renaissance initiatives," further

9

providing for commissioners sole contractors for county, for

10

contract procedures, terms and bonds and advertising for bids

11

and for evasion of advertising requirements.

12

The General Assembly of the Commonwealth of Pennsylvania

13

hereby enacts as follows:

14

Section 1.  Sections 1801 and 1802(a) and (b) of the act of

15

August 9, 1955 (P.L.323, No.130), known as The County Code,

16

amended December 22, 2000 (P.L.1019, No.142), are amended to

17

read:

18

Section 1801.  Commissioners Sole Contractors for County.--

19

(a)  The county commissioners shall contract for and purchase

20

all services referred to in section five hundred eight and

 


1

personal property for county officers and agencies. All

2

contracts and purchases not in excess of [ten thousand dollars

3

($10,000)] the base amount of eighteen thousand five hundred

4

dollars ($18,500), subject to adjustment under subsection (b.1), 

5

shall be by note or memorandum, in writing, signed by the county

6

commissioners, or their designee. A copy of all such notes and

7

memorandums and all written contracts shall be filed in the

8

office of the controller, if any, and, if not, then with the

9

chief clerk of the commissioners.

10

(b)  Written or telephonic price quotations from at least

11

three qualified and responsible contractors shall be requested

12

for all contracts [that exceed four thousand dollars ($4,000)] 

13

in excess of the base amount of ten thousand dollars ($10,000),

14

subject to adjustment under subsection (b.1), but are less than

15

the amount requiring advertisement and competitive bidding or,

16

in lieu of price quotations, a memorandum shall be kept on file

17

showing that fewer than three qualified contractors exist in the

18

market area within which it is practicable to obtain quotations.

19

A written record of telephonic price quotations shall be made

20

and shall contain at least the date of the quotation, the name

21

of the contractor and the contractor's representative, the

22

construction, reconstruction, repair, maintenance or work which

23

was the subject of the quotation and the price. Written price

24

quotations, written records of telephonic price quotations and

25

memoranda shall be retained for a period of three years.

26

(b.1)  Adjustments to the base amounts specified under

27

subsections (a) and (b) shall be made as follows:

28

(1)  The Department of Labor and Industry shall determine the

29

percentage change in the All Items Consumer Price Index for All

30

Urban Consumers (CPI-U) for the United States City Average as

- 2 -

 


1

published by the United States Department of Labor, Bureau of

2

Labor Statistics for the twelve-month period ending September

3

30, 2012, and for each successive twelve-month period

4

thereafter.

5

(2)  If the department determines that there is no positive

6

percentage change, then no adjustment to the base amounts shall

7

occur for the relevant time period provided for in this

8

subsection.

9

(3)  (i)  If the department determines that there is a

10

positive percentage change in the first year that the

11

determination is made under paragraph (1), the positive

12

percentage change shall be multiplied by each base amount and

13

the products shall be added to the base amounts, respectively,

14

and the sums shall be preliminary adjusted amounts.

15

(ii)  The preliminary adjusted amounts shall be rounded to

16

the nearest one hundred dollars ($100), to determine the final

17

adjusted base amounts for purposes of subsections (a) and (b).

18

(4)  In each successive year in which there is a positive

19

percentage change in the CPI-U for the United States City

20

Average, the positive percentage change shall be multiplied by

21

the most recent preliminary adjusted amounts and the products

22

shall be added to the preliminary adjusted amount of the prior

23

year to calculate the preliminary adjusted amounts for the

24

current year. The sums thereof shall be rounded to the nearest

25

one hundred dollars ($100) to determine the new final adjusted

26

base amounts for purposes of subsections (a) and (b).

27

(5)  The determinations and adjustments required under this

28

subsection shall be made in the period between October 1 and

29

November 15 of the year following the effective date of this

30

subsection, and annually between October 1 and November 15 of

- 3 -

 


1

each year thereafter.

2

(6)  The final adjusted base amounts and new final adjusted

3

base amounts obtained under paragraphs (3) and (4) shall become

4

effective January 1 for the calendar year following the year in

5

which the determination required under paragraph (1) is made.

6

(7)  The department shall publish notice in the Pennsylvania

7

Bulletin prior to January 1 of each calendar year of the annual

8

percentage change determined under paragraph (1) and the

9

unadjusted or final adjusted base amounts determined under

10

paragraphs (3) and (4) at which competitive bidding is required

11

under subsection (a) and written or telephonic price quotations

12

are required under subsection (b), respectively, for the

13

calendar year beginning the first day of January after

14

publication of the notice. The notice shall include a written

15

and illustrative explanation of the calculations performed by

16

the department in establishing the unadjusted or final adjusted

17

base amounts under this subsection for the ensuing calendar

18

year.

19

(8)  The annual increase in the preliminary adjusted base

20

amounts obtained under paragraphs (3) and (4) shall not exceed

21

three percent.

22

(c)  The commissioners shall, where possible, anticipate the

23

needs of the various officers, agencies and operations of the

24

county and endeavor to purchase in wholesale quantities, where

25

practicable and where savings could be achieved thereby. The

26

commissioners may make contracts and purchases for all purposes

27

expressly or impliedly authorized by law.

28

Section 1802.  Contract Procedures; Terms and Bonds;

29

Advertising for Bids.--(a)  All contracts for services and

30

personal property where the base amount thereof exceeds the sum

- 4 -

 


1

of [ten thousand dollars ($10,000)] eighteen thousand five

2

hundred dollars ($18,500), subject to adjustment under section

3

1801(b.1), shall be written and shall, except as otherwise

4

hereinafter specified, be made by advertising for bids.

5

(b)  Contracts or purchases in excess of [ten thousand

6

dollars ($10,000)] the base amount of eighteen thousand five

7

hundred dollars ($18,500), subject to adjustment under section

8

1801(b.1), except those hereinafter mentioned and except as

9

provided by the act of October 27, 1979 (P.L.241, No.78),

10

entitled "An act authorizing political subdivisions,

11

municipality authorities and transportation authorities to enter

12

into contracts for the purchase of goods and the sale of real

13

and personal property where no bids are received," shall not be

14

made except with and from the lowest responsible and responsive

15

bidder submitting a bid in conformity with the specifications

16

approved by the board of commissioners for the contract or

17

purchase, after due notice in one newspaper of general

18

circulation, published or circulating in the county, at least

19

two times at intervals of not less than three days where daily

20

newspapers of general circulation are employed for such

21

publication, or in case weekly newspapers are employed then the

22

notice shall be published once a week for two successive weeks.

23

The first advertisement shall be published not less than ten

24

days prior to the date fixed for the opening of bids. The

25

requirements of this subsection need not be followed in cases of

26

emergency, but in such cases the actual emergency shall be

27

declared and stated by resolution of the commissioners.

28

* * *

29

Section 2.  Section 1803 Sections 1803 and 2317 of the act,

<--

30

amended July 10, 1990 (P.L.379, No.89), is are amended to read:

<--

- 5 -

 


1

Section 1803.  Evasion of Advertising Requirements.--(a)  No

2

commissioner or commissioners shall evade the provisions of

3

section one thousand eight hundred two of this act, as to

4

advertising for bids or purchasing or contracting for services

5

and personal properties piece-meal, for the purpose of obtaining

6

prices under [ten thousand dollars ($10,000)] the base amount of

7

eighteen thousand five hundred dollars ($18,500), subject to

8

adjustment under section 1801(b.1), upon transactions which

9

should in the exercise of reasonable discretion and prudence be

10

conducted as one transaction amounting to more than [ten

11

thousand dollars ($10,000)] the base amount of eighteen thousand

12

five hundred dollars ($18,500), subject to adjustment under

13

section 1801(b.1). This provision is intended to make unlawful

14

the practice of evading advertising requirements by making a

15

series of purchases or contracts each for less than the

16

advertising requirement price, or by making several simultaneous

17

purchases or contracts each below said price, when in either

18

case the transaction involved should have been made as one

19

transaction for one price. Any county commissioners who so vote

20

in violation of this provision and who know that the transaction

21

upon which they so vote is or ought to be a part of a larger

22

transaction and that it is being divided in order to evade the

23

requirements as to advertising for bids shall be, jointly and

24

severally, subject to surcharge for any loss sustained. Wherever

25

it shall appear that a commissioner may have voted in violation

26

of this section, but the purchase or contract on which he so

27

voted was not approved by the board of county commissioners,

28

this section shall be inapplicable.

29

(b)  Any county commissioner who votes to unlawfully evade

30

the provisions of section one thousand eight hundred two of this

- 6 -

 


1

act and who knows that the transaction upon which he so votes is

2

or ought to be a part of a larger transaction and that it is

3

being divided in order to evade the requirements as to

4

advertising for bids commits a misdemeanor of the third degree

5

for each contract entered into as a direct result of that vote.

6

This penalty shall be in addition to any surcharge which may be

7

assessed pursuant to subsection (a).

8

Section 2317.  Separate Bids for Plumbing, Heating,

<--

9

Ventilating, Electrical Work, Elevators and Moving Stairs.--In

10

the preparation of specifications for the erection, construction

11

and alteration of any public building, when the entire cost of

12

such work shall exceed [ten thousand dollars ($10,000)] the base

13

amount of eighteen thousand five hundred dollars ($18,500)

14

subject to adjustment under section 1801(b.1) the architect,

15

engineer or other person preparing such specifications shall

16

prepare only the following separate specifications: (1)

17

plumbing, (2) heating, (3) ventilating, (4) electrical work, (5)

18

elevators and moving stairs, and (6) one complete set of

19

specifications for all the other work to be done in such

20

erection, construction and alteration. The board of

21

commissioners shall receive separate bids upon each of the said

22

branches of work and award the contract for the same to the

23

lowest responsible bidder for each of said branches, including

24

the balance of the work in addition to the plumbing, heating,

25

ventilating and electrical work, and elevators and moving

26

stairs. Where it is desired to install an air conditioning unit,

27

the heating and ventilating so involved may be regarded as one

28

branch of work having only one set of specifications, and bids

29

may be received and a contract awarded thereon, as hereinbefore

30

provided.

- 7 -

 


1

Section 3.  This act shall apply to contracts and purchases

2

advertised on or after January 1 of the year following the

3

effective date of this section.

4

Section 4.  This act shall take effect immediately.

- 8 -

 


feedback