HB 1035 — An Act amending 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," further providing for title of the act; adding a short title; and providing for contracts for services.

Bill Text

• Printer's No. 1207 View text Current pdf

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This bill expands existing law to allow political subdivisions and authorities to negotiate contracts for services when no bids are received after a second advertisement.

• Act of October 27, 1979 (P.L.241, No.78)

  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, → Authorizing political subdivisions, municipality authorities and transportation authorities to enter into contracts for services, the purchase of goods and the sale of real and personal property where no bids are received.

  The title of the act now includes the ability to enter into contracts for services.

• Section 1 of the act

  This act shall be known and may be cited as the Public Contract Bid Nonreceipt Act.

  A short title for the act is established.

• Section 1 of the act

  1 → 1.1

  The section is renumbered to include subsections related to the nonreceipt of bids.

• Section 1.1

  When a political subdivision, municipality authority or transportation authority is required to advertise for bids in order to enter into a contract for services and no bids are received, the political subdivision, municipality authority or transportation authority may proceed as follows: (1) The political subdivision, municipality authority or transportation authority may advertise for bids a second time. (2) If no bids are received within 15 days of the second advertisement, the political subdivision, municipality authority or transportation authority may initiate negotiations for a contract to obtain the services previously advertised, with any provider not otherwise disqualified by law or an enactment or policy of the governing body. (3) Prior to executing the contract, the political subdivision, municipality authority or transportation authority, at a regular or special meeting of its governing body, must publicly announce the identity of the parties, the proposed contract price and a summary of the other terms and conditions relating to any proposed contract in order to demonstrate that the services to be procured are consistent with those previously advertised.

  Procedures for proceeding with contracts for services when no bids are received are established.

• Section 1.1

  The penalties, civil or criminal, surcharges and other liability set forth in law, regulation or ordinance for evading an advertising requirement for bids shall apply to a member of the governing body of a political subdivision, municipality authority or transportation authority who votes for a transaction under this section with the intent to evade the advertising requirement of the applicable law, regulation or ordinance.

  Penalties for intentionally evading bid advertisement requirements are specified.

• Section 1.1

  As used in this section, the term 'services' means the furnishing of labor, time or effort by a contractor not involving the delivery of a specific end product other than drawings, specifications or reports which are merely incidental to the required performance. The term includes the routine operation or maintenance of existing structures, buildings or real property, the repair or rehabilitation of existing infrastructure and utility services, or those services formerly provided by public utilities, such as electrical, telephone, water and sewage service. The term does not include employment agreements or collective bargaining agreements.

  A definition for 'services' is provided to clarify the types of contracts covered under this act.

Action History

1. January 28, 2020

   Re-referred to APPROPRIATIONS

2. January 28, 2020

   Second consideration

3. October 22, 2019

   First consideration

4. October 22, 2019

   Reported as committed

5. June 20, 2019

   Referred to LOCAL GOVERNMENT

6. June 18, 2019

   Third consideration and final passage

7. June 18, 2019

   Re-reported as committed

8. June 17, 2019

   Re-committed to APPROPRIATIONS

9. June 17, 2019

   Second consideration

10. June 12, 2019

    Removed from table

11. May 06, 2019

    Laid on the table

12. May 06, 2019

    First consideration

13. May 06, 2019

    Reported as committed

14. April 05, 2019

    PN 1207 Referred to LOCAL GOVERNMENT

Sponsors

• Tina M. Davis · Cosponsor
• R. Lee James · Cosponsor
• Christina D. Sappey · Primary
• Dan Moul · Cosponsor
• Everett · Cosponsor
• Robert Freeman · Cosponsor
• Steven R. Malagari · Cosponsor
• Kortz · Cosponsor

Votes

Subjects