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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY DAVIDSON, V. BROWN, CUTLER, DeLUCA, DePASQUALE, FARRY, GIBBONS, GOODMAN, HORNAMAN, JOSEPHS, KIRKLAND, KORTZ, MATZIE, MURT, PETRARCA, VULAKOVICH, WAGNER AND CLYMER, MARCH 17, 2011 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 17, 2011 |
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| AN ACT |
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1 | Amending Title 62 (Procurement) of the Pennsylvania Consolidated |
2 | Statutes, further providing for application of part and for |
3 | definitions; providing for public access to procurement |
4 | information and for prohibited contracts; further providing |
5 | for procurement responsibility, for powers and duties, for |
6 | Board of Commissioners of Public Grounds and Buildings, for |
7 | methods of source selection, for competitive sealed bidding, |
8 | for competitive electronic auction bidding, for competitive |
9 | sealed proposals, for small procurements, for sole source |
10 | procurement, for emergency procurement, for multiple awards, |
11 | for competitive selection procedures for certain services, |
12 | for selection procedure for insurance and notary bonds, for |
13 | cost or pricing data, for record of certain actions, for |
14 | procurement of design professional services and for |
15 | cooperative purchasing authorized; and making editorial |
16 | changes. |
17 | The General Assembly of the Commonwealth of Pennsylvania |
18 | hereby enacts as follows: |
19 | Section 1. Section 102(a) and (c) of Title 62 of the |
20 | Pennsylvania Consolidated Statutes are amended to read: |
21 | § 102. Application of part. |
22 | (a) Application to Commonwealth [procurement] agencies.-- |
23 | This part applies to every expenditure of funds, other than the |
24 | investment of funds, by Commonwealth agencies under any |
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1 | contract, irrespective of their source, including Federal |
2 | assistance moneys except as specified in section 2108 (relating |
3 | to compliance with Federal requirements). This part does not |
4 | apply to contracts between Commonwealth agencies or between the |
5 | Commonwealth and its political subdivisions or other governments |
6 | except as provided in Chapter 19 (relating to intergovernmental |
7 | relations). Nothing in this part or in accompanying regulations |
8 | shall prevent any Commonwealth agency or political subdivision |
9 | from complying with the terms and conditions of any grant, gift, |
10 | bequest or cooperative agreement. |
11 | * * * |
12 | [(c) Application to General Assembly and unified judicial |
13 | system.--The General Assembly and its agencies and the unified |
14 | judicial system and its agencies may use the department as its |
15 | purchasing agency for the purchase of supplies under this part |
16 | and may use the department to dispose of surplus supplies under |
17 | Chapter 15 (relating to supply management).] |
18 | * * * |
19 | Section 2. The definitions of "Commonwealth agency," |
20 | "contracting officer," "executive agency," "independent agency," |
21 | "purchasing agency," "State-affiliated entity" and "supplies" in |
22 | section 103 of Title 62 are amended and the section is amended |
23 | by adding definitions to read: |
24 | § 103. Definitions. |
25 | Subject to additional definitions contained in subsequent |
26 | provisions of this part which are applicable to specific |
27 | provisions of this part, the following words and phrases when |
28 | used in this part shall have the meanings given to them in this |
29 | section unless the context clearly indicates otherwise: |
30 | * * * |
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1 | "Commonwealth agency." An executive agency, a legislative |
2 | agency, a judicial agency, an independent agency or a State- |
3 | affiliated entity. |
4 | "Competitive procurement." Procurement under sections 512 |
5 | (relating to competitive sealed bidding), 512.1 (relating to |
6 | competitive electronic auction bidding), 513 (relating to |
7 | competitive sealed proposals), 517 (relating to competitive |
8 | procurement on a multiple award basis), 518 (relating to |
9 | competitive selection procedures for certain services), 519 |
10 | (relating to selection procedure for insurance and notary bonds) |
11 | and 905 (relating to procurement of design professional |
12 | services). |
13 | * * * |
14 | "Contracting agency." A Commonwealth agency which seeks |
15 | procurement of a supply, service or construction. |
16 | "Contracting officer." A person authorized to enter into and |
17 | administer contracts and make written determinations with |
18 | respect to contracts for a contracting agency. |
19 | * * * |
20 | "Executive agency." |
21 | (1) Any one of the following: |
22 | (i) The Governor and the departments, boards, |
23 | commissions, authorities and other officers and agencies |
24 | of the [Commonwealth] executive branch. |
25 | (ii) The State Treasurer and the Office of the State |
26 | Treasurer. |
27 | (iii) The Auditor General and the Office of the |
28 | Auditor General. |
29 | (iv) The Attorney General and the Office of Attorney |
30 | General. |
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1 | (2) The term does not include [any court or other |
2 | officer or agency of the unified judicial system, the General |
3 | Assembly and its officers and agencies or any] a judicial |
4 | agency, legislative agency, independent agency [or], State- |
5 | affiliated entity, State-related institution, political |
6 | subdivision or local, regional or metropolitan transportation |
7 | authority. |
8 | * * * |
9 | "Independent agency." Boards, commissions and other agencies |
10 | and officers of the Commonwealth which are not subject to the |
11 | policy supervision and control of the Governor. The term does |
12 | not include [any] an executive agency, a judicial agency, |
13 | legislative agency, State-affiliated entity, [any court or other |
14 | officer or agency of the unified judicial system, the General |
15 | Assembly and its officers and agencies, any] State-related |
16 | institution, political subdivision or [any] local, regional or |
17 | metropolitan transportation authority. |
18 | * * * |
19 | "Judicial agency." The Supreme Court, Superior Court, |
20 | Commonwealth Court or any other court or other officer or agency |
21 | of the unified judicial system. The term does not include an |
22 | executive agency, a legislative agency, independent agency, |
23 | State-affiliated entity, State-related institution, political |
24 | subdivision or local, regional or metropolitan transportation |
25 | authority. |
26 | "Legislative agency." |
27 | (1) Any one of the following: |
28 | (i) The Senate of Pennsylvania and a member thereof. |
29 | (ii) The Pennsylvania House of Representatives and a |
30 | member thereof. |
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1 | (iii) Another officer or agency of the General |
2 | Assembly. |
3 | (2) The term does not include an executive agency, |
4 | judicial agency, independent agency, State-affiliated entity, |
5 | State-related institution, political subdivision or any |
6 | local, regional or metropolitan transportation authority. |
7 | "Lobbying." As defined in 65 Pa.C.S. § 13A03 (relating to |
8 | definitions). |
9 | "Lobbying firm." As defined in 65 Pa.C.S. § 13A03 (relating |
10 | to definitions). |
11 | "Lobbyist." As defined in 65 Pa.C.S. § 13A03 (relating to |
12 | definitions). |
13 | * * * |
14 | "Purchasing agency." A Commonwealth agency authorized by |
15 | this part or by other law to enter into contracts for itself or |
16 | as the agent [of another Commonwealth] for a contracting agency. |
17 | When purchasing for itself, the agency is both the contracting |
18 | agency and the purchasing agency. When purchasing for another |
19 | [Commonwealth] contracting agency, the purchasing agency acts on |
20 | behalf of the [principal which needs the supplies, services and |
21 | construction] contracting agency and shall coordinate and |
22 | cooperate with [that] the contracting agency. |
23 | * * * |
24 | "State-affiliated entity." A Commonwealth authority or a |
25 | Commonwealth entity. The term includes the Pennsylvania Turnpike |
26 | Commission, the Pennsylvania Housing Finance Agency, the |
27 | Pennsylvania Municipal Retirement System, the Pennsylvania |
28 | Infrastructure Investment Authority, the State Public School |
29 | Building Authority, the Pennsylvania Higher Educational |
30 | Facilities Authority and the State System of Higher Education. |
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1 | The term does not include [any court or other officer or agency |
2 | of the unified judicial system, the General Assembly and its |
3 | officers and agencies, any] a judicial agency, legislative |
4 | agency, State-related institution, political subdivision or any |
5 | local, regional or metropolitan transportation authority. |
6 | * * * |
7 | "Supplies." Any property[, including, but not limited to,]. |
8 | The term includes equipment, materials, printing, insurance and |
9 | leases of and installment purchases of tangible or intangible |
10 | personal property. The term does not include real property, |
11 | leases of real property or alcoholic beverages or liquor |
12 | purchased for resale by the Pennsylvania Liquor Control Board. |
13 | * * * |
14 | Section 3. Title 62 is amended by adding a section to read: |
15 | § 106.1. Public access to procurement information. |
16 | (a) Access.--Information concerning a procurement shall be |
17 | made public consistent with the act of February 14, 2008 |
18 | (P.L.6, No.3), known as the Right-to-Know Law. |
19 | (b) Access for noncompetitive contracts.--Except as provided |
20 | under subsection (c), if a procurement is to be made under |
21 | section 513 (relating to competitive sealed proposals), 517 |
22 | (relating to competitive procurement on a multiple award basis), |
23 | 518 (relating to competitive selection procedures for certain |
24 | services), 519 (relating to selection procedure for insurance |
25 | and notary bonds) or 905 (relating to procurement of design |
26 | professional services), at least five business days prior to |
27 | execution by the contracting officer the purchasing agency shall |
28 | post the proposed contract on its Internet website. |
29 | (c) Exception.--All of the following are applicable to a |
30 | procurement under section 516 (relating to emergency |
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1 | procurement): |
2 | (1) Subsection (b) shall not apply. |
3 | (2) The signed contract shall be posted on the Internet |
4 | website of the purchasing agency within ten days after the |
5 | execution of the contract by all parties to the contract. |
6 | Section 4. Section 301 of Title 62 is amended by adding |
7 | subsections to read: |
8 | § 301. Procurement responsibility. |
9 | * * * |
10 | (e) Application to legislative agencies.--Legislative |
11 | agencies shall formulate their own procurement policy governing |
12 | the procurement, management, control and disposal of supplies, |
13 | services and construction and may act as their own purchasing |
14 | agency for the procurement of supplies, services and |
15 | construction, except that they shall use the procedures provided |
16 | under this part for the procurement. A legislative agency may |
17 | use the department as its purchasing agency for the purchase of |
18 | supplies, services and construction under this part and may use |
19 | the department to dispose of surplus supplies under Chapter 15 |
20 | (relating to supply management). |
21 | (f) Application to judicial agencies.--Judicial agencies may |
22 | formulate their own procurement policy governing the |
23 | procurement, management, control and disposal of supplies, |
24 | services and construction and may act as their own purchasing |
25 | agency for the procurement of supplies, services and |
26 | construction, except that they shall use the procedures provided |
27 | under this part for the procurement. A judicial agency may use |
28 | the department as its purchasing agency for the purchase of |
29 | supplies, services and construction under this part and may use |
30 | the department to dispose of surplus supplies under Chapter 15. |
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1 | Section 5. Sections 311, 326, 511, 512(a), 512.1(a), 513(a), |
2 | (b), (e) and (g), 514, 515, 516, 517, 518(a), (c) and (e), |
3 | 519(a) and (c), 534(a)(1), 564 introductory paragraph, 905(a) |
4 | and 1902 of Title 62 are amended to read: |
5 | § 311. Powers and duties. |
6 | Except as otherwise provided in this part, the department may |
7 | promulgate regulations governing the procurement, management, |
8 | control and disposal of any and all supplies, services and |
9 | construction to be procured by [Commonwealth] executive agencies |
10 | and independent agencies. The department shall consider and |
11 | decide matters of policy within the provisions of this part |
12 | relating to executive agencies and independent agencies. The |
13 | department may audit and monitor the implementation of its |
14 | regulations and the requirements of this part. |
15 | § 326. Board of Commissioners of Public Grounds and Buildings. |
16 | No lease of real estate for use by an executive agency or |
17 | independent agency [and no sole source procurement of supplies, |
18 | except for computer software updates under $50,000, for an |
19 | executive or independent agency] for which the department acts |
20 | as the purchasing agency shall be valid or effective unless, |
21 | upon review, it is approved by the Board of Commissioners of |
22 | Public Grounds and Buildings. [Where the board is reviewing a |
23 | proposed sole source lease or procurement being submitted |
24 | pursuant to section 515 (relating to sole source procurement), |
25 | approval of the lease or procurement shall require the unanimous |
26 | vote of the board. Where the board is reviewing a] A proposed |
27 | [non-sole source lease, the] lease shall be approved when one |
28 | member of the board votes to approve the lease. All votes shall |
29 | take place at a public meeting. |
30 | § 511. Methods of source selection. |
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1 | Unless otherwise authorized by law, all Commonwealth agency |
2 | contracts shall be awarded by competitive sealed bidding under |
3 | section 512 (relating to competitive sealed bidding) except as |
4 | provided in: |
5 | Section 512.1 (relating to competitive electronic auction |
6 | bidding). |
7 | Section 513 (relating to competitive sealed proposals). |
8 | Section 514 (relating to small procurements). |
9 | [Section 515 (relating to sole source procurement).] |
10 | Section 516 (relating to emergency procurement). |
11 | Section 517 (relating to [multiple awards] competitive |
12 | procurement on a multiple award basis). |
13 | Section 518 (relating to competitive selection procedures |
14 | for certain services). |
15 | Section 519 (relating to selection procedure for |
16 | insurance and notary bonds). |
17 | Section 520 (relating to supplies manufactured and |
18 | services performed by persons with disabilities). |
19 | Section 905 (relating to procurement of design |
20 | professional services). |
21 | § 512. Competitive sealed bidding. |
22 | (a) Conditions for use.--Contracts for supplies, services |
23 | and construction shall be awarded by competitive sealed bidding |
24 | except as otherwise provided [in section 511 (relating to |
25 | methods of source selection)] under this chapter. |
26 | * * * |
27 | § 512.1. Competitive electronic auction bidding. |
28 | (a) Conditions for use.--If the contracting officer of the |
29 | purchasing agency determines in writing that use of competitive |
30 | [electronic auction] sealed bidding is not in the best interests |
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1 | of the Commonwealth[,] and that the use of competitive |
2 | electronic auction bidding is more advantageous to the |
3 | Commonwealth, the purchasing agency may enter into a contract |
4 | for supplies or services, but not construction, [may be entered |
5 | into] by competitive electronic auction bidding. |
6 | * * * |
7 | § 513. Competitive sealed proposals. |
8 | [(a) Conditions for use.--When the contracting officer |
9 | determines in writing that the use of competitive sealed bidding |
10 | is either not practicable or advantageous to the Commonwealth, a |
11 | contract may be entered into by competitive sealed proposals. |
12 | (b) Request for proposals.--Proposals shall be solicited |
13 | through a request for proposals.] |
14 | (a) Conditions for use.--If the head of a contracting agency |
15 | determines in writing that the use of competitive sealed bidding |
16 | is not in the best interests of the Commonwealth and that the |
17 | use of competitive sealed proposals is more advantageous to the |
18 | Commonwealth, the purchasing agency may enter into a contract |
19 | for supplies, services and construction by competitive sealed |
20 | proposals. |
21 | (b) Request for proposals.-- |
22 | (1) After making the determination required under |
23 | subsection (a), proposals shall be solicited through a |
24 | request for proposals. |
25 | (2) A request for proposals shall require each offeror |
26 | to include a statement which contains the following |
27 | information: |
28 | (i) Whether the offeror or any of the offeror's |
29 | directors, officers or owners has made a campaign |
30 | contribution to a State or local official within the one |
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1 | year immediately preceding the date of the offeror's |
2 | proposal. |
3 | (ii) The name of each State or local official named |
4 | under subparagraph (i) and the official's position. |
5 | (iii) The aggregate amount of campaign contributions |
6 | made under subparagraph (i). |
7 | (3) The statement required under paragraph (2) shall be |
8 | posted on the purchasing agency's Internet website |
9 | simultaneously with the posting of a proposed contract under |
10 | section 106.1(b) (relating to public access to procurement |
11 | information) or a signed contract under section 106.1(c)(2). |
12 | * * * |
13 | (e) Evaluation.--The relative importance of the evaluation |
14 | factors shall be fixed prior to opening the proposals. A |
15 | Commonwealth agency is required to invite its comptroller to |
16 | participate in the evaluation as a nonvoting member of any |
17 | evaluation committee. No individual who has been employed by an |
18 | offeror within the two years immediately preceding the date of |
19 | the offeror's proposal may participate in the evaluation of |
20 | proposals. |
21 | * * * |
22 | (g) Selection for negotiation.--The responsible offeror |
23 | whose proposal is determined in writing to be the most |
24 | advantageous to the [purchasing] contracting agency, taking into |
25 | consideration price and all evaluation factors, shall be |
26 | selected for contract negotiation. |
27 | § 514. Small procurements. |
28 | If the procurement is not the subject of a Statewide |
29 | requirements contract between the purchasing agency and a |
30 | contractor, the head of the purchasing agency may authorize in |
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1 | writing procurements without [formal bid procedures, not |
2 | exceeding the amount established by the purchasing agency] the |
3 | use of competitive procurement procedures for small |
4 | procurements. The head of the purchasing agency may authorize a |
5 | small procurement [of the supply or service] on a no-bid basis |
6 | for [procurements which do] a supply or service which does not |
7 | exceed [the amount established by the head of the purchasing |
8 | agency for small, no-bid procurements] a total cost of $5,000. |
9 | The amount of $5,000 shall be adjusted annually by the |
10 | department to reflect the annual percentage change in the |
11 | Consumer Price Index of the United States Department of Commerce |
12 | occurring in the one-year period ending December 31 of each |
13 | year. The head of the purchasing agency may authorize a small |
14 | procurement on a no-bid basis for [construction projects that |
15 | do] a construction project which does not exceed a total |
16 | construction cost of $10,000. The amount of $10,000 shall be |
17 | adjusted annually by the department to reflect the annual |
18 | percentage change in the Composite Construction Cost Index of |
19 | the United States Department of Commerce occurring in the one- |
20 | year period ending December 31 of each year. Procurement |
21 | requirements shall not be artificially divided so as to |
22 | constitute a small procurement under this section. Small |
23 | procurements shall be made in accordance with the requirements |
24 | of the written authorization and this section. Records of all |
25 | small procurements shall be transmitted to the purchasing |
26 | agency. |
27 | § 515. [Sole source procurement. |
28 | A contract may be awarded for a supply, service or |
29 | construction item without competition if the contracting officer |
30 | first determines in writing that one of the following conditions |
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1 | exists: |
2 | (1) Only a single contractor is capable of providing the |
3 | supply, service or construction. |
4 | (2) A Federal or State statute or Federal regulation |
5 | exempts the supply, service or construction from the |
6 | competitive procedure. |
7 | (3) The total cost of the supply, service or |
8 | construction is less than the amount established by the |
9 | department for small, no-bid procurements under section 514 |
10 | (relating to small procurements). |
11 | (4) It is clearly not feasible to award the contract for |
12 | supplies or services on a competitive basis. |
13 | (5) The services are to be provided by attorneys or |
14 | litigation consultants selected by the Office of General |
15 | Counsel, the Office of Attorney General, the Department of |
16 | the Auditor General or the Treasury Department. |
17 | (6) The services are to be provided by expert witnesses. |
18 | (7) The services involve the repair, modification or |
19 | calibration of equipment and they are to be performed by the |
20 | manufacturer of the equipment or by the manufacturer's |
21 | authorized dealer, provided the contracting officer |
22 | determines that bidding is not appropriate under the |
23 | circumstances. |
24 | (8) The contract is for investment advisors or managers |
25 | selected by the Public School Employees' Retirement System, |
26 | the State Employees' Retirement System or a State-affiliated |
27 | entity. |
28 | (9) The contract is for financial or investment experts |
29 | to be used and selected by the Treasury Department or |
30 | financial or investment experts selected by the Secretary of |
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1 | the Budget. |
2 | (10) The contract for supplies or services is in the |
3 | best interest of the Commonwealth. |
4 | The written determination authorizing sole source procurement |
5 | shall be included in the contract file. With the exception of |
6 | small procurements under section 514 and emergency procurements |
7 | under section 516 (relating to emergency procurement), if the |
8 | sole source procurement is for a supply, except for computer |
9 | software updates under $50,000, for which the department acts as |
10 | purchasing agency, it must be approved by the Board of |
11 | Commissioners of Public Grounds and Buildings prior to the award |
12 | of a contract.] (Reserved). |
13 | § 516. Emergency procurement. |
14 | [The head of a purchasing agency may make or authorize others |
15 | to make an emergency procurement when there exists a threat to |
16 | public health, welfare or safety or circumstances outside the |
17 | control of the agency create an urgency of need which does not |
18 | permit the delay involved in using more formal competitive |
19 | methods. Whenever practical, in the case of a procurement of a |
20 | supply, at least two bids shall be solicited. A written |
21 | determination of the basis for the emergency and for the |
22 | selection of the particular contractor shall be included in the |
23 | contract file.] |
24 | (a) Condition of use.--If the head of a contracting agency |
25 | determines in writing that the use of competitive sealed bidding |
26 | is not in the best interests of the Commonwealth and that the |
27 | supply, service or construction is necessary to prevent an |
28 | immediate threat of personal injury or physical damage to |
29 | property, the purchasing agency may, after receiving approval by |
30 | the Board of Commissioners of Public Grounds and Buildings, |
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1 | enter into a contract for the supply, service or construction |
2 | without the use of competitive procurement. |
3 | (b) Documentation.--The determination required under |
4 | subsection (a) shall be placed in the contract file and shall be |
5 | made available for public inspection in accordance with section |
6 | 106.1 (relating to public access to procurement information). |
7 | (c) Exception.--For the purposes of this section, a |
8 | procurement which is necessary to respond to a disaster |
9 | emergency declared under 35 Pa.C.S. § 7301 (relating to general |
10 | authority of Governor) shall be deemed to meet the standard set |
11 | forth in subsection (a). |
12 | (d) Procurement of supplies.--For procurement of supplies, |
13 | at least two bids shall be solicited, if practicable. |
14 | § 517. [Multiple awards] Competitive procurement on a multiple |
15 | award basis. |
16 | (a) Conditions for use.--[Contracts may be entered into on a |
17 | multiple award basis when the head of the purchasing agency |
18 | determines that one or more of the following criteria is |
19 | applicable:] If the head of the contracting agency determines in |
20 | writing that one or more of the conditions listed under |
21 | subsection (a.1) exists and that the use of multiple contracts |
22 | is more advantageous to the Commonwealth, the purchasing agency |
23 | may enter into a contract on a multiple award basis. |
24 | (a.1) Conditions.--In order for a procurement to be made |
25 | under this section, the head of a contracting agency must |
26 | determine that one of the following conditions exists: |
27 | (1) It is administratively or economically impractical |
28 | to develop or modify specifications for a myriad of related |
29 | supplies because of rapid technological changes. |
30 | (2) The subjective nature in the use of certain supplies |
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1 | and the fact that recognizing this need creates a more |
2 | efficient use of the item. |
3 | (3) It is administratively or economically impractical |
4 | to develop or modify specifications because of the |
5 | heterogeneous nature of the product lines. |
6 | (4) There is a need for compatibility with existing |
7 | systems. |
8 | (5) The agency should select the contractor to furnish |
9 | the supply, service or construction based upon best value or |
10 | return on investment. |
11 | (b) Solicitation process.--[Invitations to bid or requests |
12 | for proposals shall be issued for the supplies, services or |
13 | construction to be purchased] Invitations to bid shall be issued |
14 | as provided under section 512(b) (relating to competitive sealed |
15 | bidding) for supplies, services or construction to be purchased |
16 | or requests for proposals shall be issued as provided under |
17 | section 513(b) (relating to competitive sealed proposals) for |
18 | supplies, services or construction to be purchased. Invitations |
19 | for bids or requests for proposals shall describe the method for |
20 | selection of the successful bidders or offerors. |
21 | (c) Public notice.--Public notice of the invitation for bids |
22 | or request for proposals shall be given in the same manner as |
23 | provided in section 512(c) [(relating to competitive sealed |
24 | bidding)]. |
25 | (d) Receipt of bids or proposals.--Bids shall be opened in |
26 | the same manner as provided in section 512(d). Proposals shall |
27 | be received and evaluated in the same manner as provided in |
28 | section 513(d) and (e) [(relating to competitive sealed |
29 | proposals)]. |
30 | (e) Award.--[The invitation for bids or request for |
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1 | proposals shall describe the method for selection of the |
2 | successful bidders or offerors. There are three options:] The |
3 | purchasing agency shall make contract awards consistent with the |
4 | following: |
5 | (1) Awards shall be made to the lowest responsible |
6 | bidder or offeror for each designated manufacturer. |
7 | (2) Awards shall be made to the two or three lowest |
8 | responsible bidders or offerors for each designated |
9 | manufacturer. |
10 | (3) Awards shall be made to all responsible bidders or |
11 | offerors. |
12 | (f) Selection.--A Commonwealth agency may select a |
13 | contractor from the bidders or offerors awarded contracts under |
14 | subsection (e) to furnish the supply, service or construction |
15 | based upon best value or return on investment. |
16 | § 518. Competitive selection procedures for certain services. |
17 | (a) Conditions for use.--The services of accountants, |
18 | clergy, physicians, lawyers, dentists and other professional |
19 | services which are not performed by other Commonwealth employees |
20 | shall be procured in accordance with this section except as |
21 | authorized under section 514 (relating to small procurements)[, |
22 | 515 (relating to sole source procurement)] or 516 (relating to |
23 | emergency procurement). |
24 | * * * |
25 | (c) Request for proposals.--Adequate notice of the need for |
26 | the services specified in subsection (a) shall be given by the |
27 | purchasing agency through a request for proposals. The request |
28 | for proposals shall describe the services required, list the |
29 | type of information required of each offeror and state the |
30 | relative importance of the particular information. Additionally, |
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1 | each request for a proposal shall require the offeror to |
2 | include the same statement required under section 513(b) |
3 | (relating to competitive sealed proposals). |
4 | * * * |
5 | (e) Award.--Award shall be made to the responsible offeror |
6 | determined in writing by the contracting officer to be best |
7 | qualified based on the evaluation factors set forth in the |
8 | request for proposals. Fair and reasonable compensation shall be |
9 | determined through negotiation, except that no contract may |
10 | provide for compensation which exceeds the rate charged other |
11 | governmental entities for the same or substantially similar |
12 | services. If compensation cannot be agreed upon with the best |
13 | qualified responsible offeror, then negotiations will be |
14 | formally terminated with the offeror. If proposals were |
15 | submitted by one or more other responsible offerors, |
16 | negotiations may be conducted with the other responsible offeror |
17 | or responsible offerors in the order of their respective |
18 | qualification ranking. The contract may be awarded to the |
19 | responsible offeror then ranked as best qualified if the amount |
20 | of compensation is determined to be fair and reasonable. |
21 | § 519. Selection procedure for insurance and notary bonds. |
22 | (a) Conditions for use.--Insurance and notary bonds shall be |
23 | procured by the department in accordance with this section |
24 | except as authorized under section [515 (relating to sole source |
25 | procurement) or] 516 (relating to emergency procurement). |
26 | * * * |
27 | (c) Request for proposals.--Adequate notice of the need for |
28 | insurance or notary bond coverage shall be given by the |
29 | purchasing agency through a request for proposals. The request |
30 | for proposals shall describe the type of insurance or bond |
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1 | coverage required and list the type of information and data |
2 | required of each offeror and shall include the same statement |
3 | required under section 513(b) (relating to competitive sealed |
4 | proposals). |
5 | * * * |
6 | § 534. Cost or pricing data. |
7 | (a) Submission by contractor.--A contractor shall, except as |
8 | provided in subsection (c), submit cost or pricing data and |
9 | shall certify that, to the best of its knowledge and belief, the |
10 | cost or pricing data submitted was accurate, complete and |
11 | current as of a mutually determined specified date prior to the |
12 | date of: |
13 | (1) the award of any contract under section 513 |
14 | (relating to competitive sealed proposals) [or 515 (relating |
15 | to sole source procurement)] where, under either section, the |
16 | total contract price is expected to exceed an amount |
17 | established by the head of the purchasing agency; or |
18 | * * * |
19 | § 564. Record of certain actions. |
20 | The purchasing agency shall maintain a record listing all |
21 | contracts made under sections 514 (relating to small |
22 | procurements)[, 515 (relating to sole source procurement)] and |
23 | 516 (relating to emergency procurement) for a minimum of three |
24 | years from the date of final payment under the contract. The |
25 | record shall contain: |
26 | * * * |
27 | § 905. Procurement of design professional services. |
28 | (a) Applicability.--Design professional services shall be |
29 | procured as provided in this section except as authorized by |
30 | sections 514 (relating to small procurements)[, 515 (relating to |
|
1 | sole source procurement)] and 516 (relating to emergency |
2 | procurement). |
3 | * * * |
4 | § 1902. Cooperative purchasing authorized. |
5 | A public procurement unit may either participate in, sponsor, |
6 | conduct or administer a cooperative purchasing agreement for the |
7 | procurement of any supplies, services or construction with one |
8 | or more public procurement units or external procurement |
9 | activities in accordance with an agreement entered into between |
10 | the participants. The Department of General Services is |
11 | authorized to enter into cooperative purchasing contracts solely |
12 | for the use of local public procurement units or State- |
13 | affiliated entities. The department shall enter into cooperative |
14 | purchasing contracts for the use of local public procurement |
15 | units or State-affiliated entities if the number of contractors |
16 | under a previously existing contract for the same supply or |
17 | service is reduced to a single contractor or reduced by more |
18 | than 50% of the number existing on September 30, 2003, and shall |
19 | award such contracts pursuant to section 517 (relating to |
20 | competitive procurement on a multiple [awards] award basis) |
21 | using an invitation for bids. Nothing in this section shall |
22 | prohibit a local public procurement unit or State-affiliated |
23 | entity from participating in or procuring from other cooperative |
24 | purchasing agreements awarded by the department. Cooperative |
25 | purchasing may include, but is not limited to, joint or |
26 | multiparty contracts between public procurement units and open- |
27 | ended purchasing agency contracts which are made available to |
28 | local public procurement units. |
29 | Section 6. This act shall take effect in 60 days. |
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