Bill Text: PA HB1018 | 2009-2010 | Regular Session | Introduced

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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 38-5)

Status: (Introduced - Dead) 2009-03-19 - Referred to LOCAL GOVERNMENT [HB1018 Detail]

Download: Pennsylvania-2009-HB1018-Introduced.html

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PRINTER'S NO. 1178
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1018 Session of2009
INTRODUCED BY HICKERNELL, M. KELLER, BAKER, BOBACK, BOYD, BOYLE, BRENNAN, CAUSER, CUTLER, FAIRCHILD, GEIST, GRELL, HALUSKA, HARHART, HARPER, HARRIS, HESS, KAUFFMAN, KORTZ, KOTIK, KULA, MARSICO, MENSCH, MILLARD, MILLER, MOUL, O'NEILL, PAYNE, PEIFER, PETRI, PHILLIPS, PICKETT, PYLE, REICHLEY, ROAE, ROCK, STERN, STEVENSON, SWANGER, WATSON, GINGRICH AND FLECK, MARCH 19, 2009
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 19, 2009
AN ACT
Amending the act of August 9, 1955 (P.L.323, No.130), entitled,
as amended, "An act relating to counties of the first, third,
fourth, fifth, sixth, seventh and eighth classes; amending,
revising, consolidating and changing the laws relating
thereto; relating to imposition of excise taxes by counties,
including authorizing imposition of an excise tax on the
rental of motor vehicles by counties of the first class; and
providing for regional renaissance initiatives," further
providing for commissioners sole contractors for county, for
contract procedures, terms and bonds and advertising for bids
and for evasion of advertising requirements.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1801 and 1802(a) and (b) of the act of
August 9, 1955 (P.L.323, No.130), known as The County Code,
amended December 22, 2000 (P.L.1019, No.142), are amended to
read:
Section 1801. Commissioners Sole Contractors for County.--
(a) The county commissioners shall contract for and purchase
all services referred to in section five hundred eight and
personal property for county officers and agencies. All
contracts and purchases not in excess of [ten thousand dollars
($10,000)] twenty-five thousand dollars ($25,000) subject to
annual adjustment under subsection (b.1) shall be by note or
memorandum, in writing, signed by the county commissioners, or
their designee. A copy of all such notes and memorandums and all
written contracts shall be filed in the office of the
controller, if any, and, if not, then with the chief clerk of
the commissioners.
(b) Written or telephonic price quotations from at least
three qualified and responsible contractors shall be requested
for all contracts that exceed [four thousand dollars ($4,000)]
ten thousand dollars ($10,000) subject to annual adjustment
under subsection (b.1) but are less than the amount requiring
advertisement and competitive bidding or, in lieu of price
quotations, a memorandum shall be kept on file showing that
fewer than three qualified contractors exist in the market area
within which it is practicable to obtain quotations. A written
record of telephonic price quotations shall be made and shall
contain at least the date of the quotation, the name of the
contractor and the contractor's representative, the
construction, reconstruction, repair, maintenance or work which
was the subject of the quotation and the price. Written price
quotations, written records of telephonic price quotations and
memoranda shall be retained for a period of three years.
(b.1) (1) The Department of Labor and Industry shall
determine the percentage change in the Consumer Price Index for
All Urban Consumers for the twelve-month period ending September
30 of the calendar year in which this subsection becomes
effective, and for each successive twelve-month period
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thereafter.
(2) The amount at which competitive bidding is required
under subsection (a) and the amount at which written or
telephonic price quotations are required under subsection (b)
shall be adjusted annually as follows:
(i) In the case of competitive bidding, the positive
percentage change, as determined in accordance with paragraph
(1), shall be multiplied by the amount applicable under
subsection (a) for the current year and the product thereof
shall be added to the amount applicable under subsection (a) for
the current year, with the result rounded to the nearest
multiple of ten dollars ($10).
(ii) In the case of written or telephonic price quotations,
the positive percentage change, as determined in accordance with
paragraph (1), shall be multiplied by the amount applicable
under subsection (b) for the current year and the product
thereof shall be added to the amount applicable under subsection
(b) for the current year, with the result rounded to the nearest
multiple of ten dollars ($10).
(3) The annual determination required under paragraph (1)
and the calculation of the adjustments required under paragraph
(2) shall be made in the period between October 1 and November
15 of the year following the effective date of this subsection,
and annually between October 1 and November 15 of each
successive year.
(4) The adjusted amounts obtained in accordance with
paragraph (2) shall become effective January 1 for the calendar
year following the year in which the determination required
under paragraph (1) is made.
(5) The Department of Labor and Industry shall give notice
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in the Pennsylvania Bulletin prior to January 1 of each calendar
year of the annual percentage change determined in accordance
with paragraph (1) and the amounts, whether adjusted or
unadjusted in accordance with paragraph (2), at which
competitive bidding is required under subsection (a) and written
or telephonic price quotations are required under subsection (b)
for the calendar year beginning the first day of January after
publication of the notice.
(c) The commissioners shall, where possible, anticipate the
needs of the various officers, agencies and operations of the
county and endeavor to purchase in wholesale quantities, where
practicable and where savings could be achieved thereby. The
commissioners may make contracts and purchases for all purposes
expressly or impliedly authorized by law.
Section 1802. Contract Procedures; Terms and Bonds;
Advertising for Bids.--(a) All contracts for services and
personal property where the amount thereof exceeds the sum of
[ten thousand dollars ($10,000),] twenty-five thousand dollars
subject to annual adjustment under section 1801(b.1) shall be
written and shall, except as otherwise hereinafter specified, be
made by advertising for bids.
(b) Contracts or purchases in excess of [ten thousand
dollars ($10,000)] twenty-five thousand dollars subject to
annual adjustment under section 1801(b.1), except those
hereinafter mentioned and except as provided by the act of
October 27, 1979 (P.L.241, No.78), entitled "An act authorizing
political subdivisions, municipality authorities and
transportation authorities to enter into contracts for the
purchase of goods and the sale of real and personal property
where no bids are received," shall not be made except with and
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from the lowest responsible and responsive bidder submitting a
bid in conformity with the specifications approved by the board
of commissioners for the contract or purchase, after due notice
in one newspaper of general circulation, published or
circulating in the county, at least two times at intervals of
not less than three days where daily newspapers of general
circulation are employed for such publication, or in case weekly
newspapers are employed then the notice shall be published once
a week for two successive weeks. The first advertisement shall
be published not less than ten days prior to the date fixed for
the opening of bids. The requirements of this subsection need
not be followed in cases of emergency, but in such cases the
actual emergency shall be declared and stated by resolution of
the commissioners.
* * *
Section 2. Section 1803 of the act, amended July 10, 1990
(P.L.379, No.89), is amended to read:
Section 1803. Evasion of Advertising Requirements.--(a) No
commissioner or commissioners shall evade the provisions of
section one thousand eight hundred two of this act, as to
advertising for bids or purchasing or contracting for services
and personal properties piece-meal, for the purpose of obtaining
prices under [ten thousand dollars ($10,000)] twenty-five
thousand dollars subject to annual adjustment under section
1801(b.1) upon transactions which should in the exercise of
reasonable discretion and prudence be conducted as one
transaction amounting to more than [ten thousand dollars
($10,000)] twenty-five thousand dollars subject to annual
adjustment under section 1801(b.1). This provision is intended
to make unlawful the practice of evading advertising
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requirements by making a series of purchases or contracts each
for less than the advertising requirement price, or by making
several simultaneous purchases or contracts each below said
price, when in either case the transaction involved should have
been made as one transaction for one price. Any county
commissioners who so vote in violation of this provision and who
know that the transaction upon which they so vote is or ought to
be a part of a larger transaction and that it is being divided
in order to evade the requirements as to advertising for bids
shall be, jointly and severally, subject to surcharge for any
loss sustained. Wherever it shall appear that a commissioner may
have voted in violation of this section, but the purchase or
contract on which he so voted was not approved by the board of
county commissioners, this section shall be inapplicable.
(b) Any county commissioner who votes to unlawfully evade
the provisions of section one thousand eight hundred two of this
act and who knows that the transaction upon which he so votes is
or ought to be a part of a larger transaction and that it is
being divided in order to evade the requirements as to
advertising for bids commits a misdemeanor of the third degree
for each contract entered into as a direct result of that vote.
This penalty shall be in addition to any surcharge which may be
assessed pursuant to subsection (a).
Section 3. This act shall apply to contracts and purchases
advertised on or after January 1 of the year following the
effective date of this section.
Section 4. This act shall take effect immediately.
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