Bill Text: PA HB2168 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for application of part and for the definitions of "Commonwealth agency," "contracting officer," "executive agency," "independent agency," "purchasing agency," "State-affiliated entity" and "supplies"; providing for the definitions of "competitive procurement," "contracting agency," "judicial agency" and "legislative agency"; further providing for procurement responsibility, for powers and duties, for Board of Commissioners of Public Grounds and Buildings, for methods of source selection, for competitive sealed bidding, for competitive electronic auction bidding, for competitive sealed proposals, for small procurements, for sole source procurement, for emergency procurement, for multiple awards, for competitive selection procedures for certain services and for selection procedure for insurance and notary bonds; and making a repeal.

Spectrum: Partisan Bill (Republican 60-0)

Status: (Introduced - Dead) 2009-12-15 - Referred to STATE GOVERNMENT [HB2168 Detail]

Download: Pennsylvania-2009-HB2168-Introduced.html

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PRINTER'S NO. 3021
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2168 Session of2009
INTRODUCED BY BENNINGHOFF, BEAR, BOBACK, BOYD, CAUSER, CHRISTIANA, CIVERA, CLYMER, COX, CREIGHTON, CUTLER, DALLY, DELOZIER, DENLINGER, ELLIS, EVERETT, FAIRCHILD, GEIST, GILLESPIE, GINGRICH, GRELL, GROVE, HARRIS, HENNESSEY, HICKERNELL, HUTCHINSON, KAUFFMAN, M. KELLER, KILLION, KNOWLES, MAJOR, MARSICO, METZGAR, MILLER, MILNE, MOUL, MURT, MUSTIO, OBERLANDER, PICKETT, PYLE, RAPP, REED, REESE, REICHLEY, ROAE, ROCK, ROHRER, ROSS, SAYLOR, S. H. SMITH, STERN, STEVENSON, SWANGER, TALLMAN, J. TAYLOR, TURZAI, VULAKOVICH AND WATSON, DECEMBER 15, 2009
REFERRED TO COMMITTEE ON STATE GOVERNMENT, DECEMBER 15, 2009
AN ACT
Amending Title 62 (Procurement) of the Pennsylvania Consolidated
Statutes, further providing for application of part and for
the definitions of "Commonwealth agency," "contracting
officer," "executive agency," "independent agency,"
"purchasing agency," "State-affiliated entity" and
"supplies"; providing for the definitions of "competitive
procurement," "contracting agency," "judicial agency" and
"legislative agency"; further providing for procurement
responsibility, for powers and duties, for Board of
Commissioners of Public Grounds and Buildings, for methods of
source selection, for competitive sealed bidding, for
competitive electronic auction bidding, for competitive
sealed proposals, for small procurements, for sole source
procurement, for emergency procurement, for multiple awards,
for competitive selection procedures for certain services and
for selection procedure for insurance and notary bonds; and
making a repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102(a) and (c) of Title 62 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 102. Application of part.
(a) Application to Commonwealth [procurement] agencies.--
This part applies to every expenditure of funds, other than the
investment of funds, by Commonwealth agencies under any
contract, irrespective of their source, including Federal
assistance moneys except as specified in section 2108 (relating
to compliance with Federal requirements). This part does not
apply to contracts between Commonwealth agencies or between the
Commonwealth and its political subdivisions or other governments
except as provided in Chapter 19 (relating to intergovernmental
relations). Nothing in this part or in accompanying regulations
shall prevent any Commonwealth agency or political subdivision
from complying with the terms and conditions of any grant, gift,
bequest or cooperative agreement.
* * *
[(c) Application to General Assembly and unified judicial
system.--The General Assembly and its agencies and the unified
judicial system and its agencies may use the department as its
purchasing agency for the purchase of supplies under this part
and may use the department to dispose of surplus supplies under
Chapter 15 (relating to supply management).]
* * *
Section 2. The definitions of "Commonwealth agency,"
"contracting officer," "executive agency," "independent agency,"
"purchasing agency," "State-affiliated entity" and "supplies" in
section 103 of Title 62 are amended and the section is amended
by adding definitions to read:
§ 103. Definitions.
Subject to additional definitions contained in subsequent
provisions of this part which are applicable to specific
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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:
* * *
"Commonwealth agency." An executive agency, a legislative
agency, a judicial agency, an independent agency or a State-
affiliated entity.
"Competitive procurement." Procurement under sections 512
(relating to competitive sealed bidding), 512.1 (relating to
competitive electronic auction bidding), 513 (relating to
competitive sealed proposals), 517 (relating to multiple
awards), 518 (relating to competitive selection procedures for
certain services), 519 (relating to selection procedure for
insurance and notary bonds) and 905 (relating to procurement of
design professional services).
* * *
"Contracting agency." A Commonwealth agency which seeks
procurement of a supply, service or construction.
"Contracting officer." A person authorized to enter into and
administer contracts and make written determinations with
respect to contracts for a contracting agency.
* * *
"Executive agency."
(1) Any one of the following:
(i) The Governor and the departments, boards,
commissions, authorities and other officers and agencies
of the Commonwealth.
(ii) The Office of the State Treasurer.
(iii) The Office of the Auditor General.
(iv) The Office of Attorney General.
20090HB2168PN3021 - 3 -
(2) The term does not include [any court or other
officer or agency of the unified judicial system, the General
Assembly and its officers and agencies or any] a judicial
agency, legislative agency, independent agency [or], State-
affiliated entity, State-related institution, political
subdivision or any local, regional or metropolitan
transportation authority.
* * *
"Independent agency." Boards, commissions and other agencies
and officers of the Commonwealth which are not subject to the
policy supervision and control of the Governor. The term does
not include [any] an executive agency, a judicial agency,
legislative agency, State-affiliated entity, [any court or other
officer or agency of the unified judicial system, the General
Assembly and its officers and agencies, any] State-related
institution, political subdivision or any local, regional or
metropolitan transportation authority.
* * *
"Judicial agency." The Supreme Court, Superior Court,
Commonwealth Court or any other court or other officer or agency
of the unified judicial system. The term does not include an
executive agency, legislative agency, independent agency, State-
affiliated entity, State-related institution, political
subdivision or any local, regional or metropolitan
transportation authority.
"Legislative agency."
(1) Any one of the following:
(i) The Senate of Pennsylvania.
(ii) The Pennsylvania House of Representatives.
(iii) Another officer or agency of the General
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Assembly.
(2) The term does not include an executive agency,
judicial agency, independent agency, State-affiliated entity,
State-related institution, political subdivision or any
local, regional or metropolitan transportation authority.
* * *
"Purchasing agency." A Commonwealth agency authorized by
this part or by other law to enter into contracts for itself or
as the agent [of another Commonwealth] for a contracting agency.
When purchasing for itself, the agency is both the contracting
agency and the purchasing agency. When purchasing for another
[Commonwealth] agency, the purchasing agency acts on behalf of
the [principal which needs the supplies, services and
construction] contracting agency and shall coordinate and
cooperate with [that] the contracting agency.
* * *
"State-affiliated entity." A Commonwealth authority or a
Commonwealth entity. The term includes the Pennsylvania Turnpike
Commission, the Pennsylvania Housing Finance Agency, the
Pennsylvania Municipal Retirement System, the Pennsylvania
Infrastructure Investment Authority, the State Public School
Building Authority, the Pennsylvania Higher Educational
Facilities Authority and the State System of Higher Education.
The term does not include [any court or other officer or agency
of the unified judicial system, the General Assembly and its
officers and agencies, any] a judicial agency, legislative
agency, State-related institution, political subdivision or any
local, regional or metropolitan transportation authority.
* * *
"Supplies." Any property[, including, but not limited to,].
20090HB2168PN3021 - 5 -
The term includes equipment, materials, printing, insurance and
leases of and installment purchases of tangible or intangible
personal property. The term does not include real property,
leases of real property or alcoholic beverages or liquor
purchased for resale by the Pennsylvania Liquor Control Board.
* * *
Section 3. Section 301 of Title 62 is amended by adding
subsections to read:
§ 301. Procurement responsibility.
* * *
(e) Application to legislative agencies.--Legislative
agencies shall formulate their own procurement policy governing
the procurement, management, control and disposal of supplies,
services and construction and may act as their own purchasing
agency for the procurement of supplies, services and
construction, except that they shall use the procedures provided
under this part for the procurement. A legislative agency may
use the department as its purchasing agency for the purchase of
supplies, services and construction under this part and may use
the department to dispose of surplus supplies under Chapter 15
(relating to supply management).
(f) Application to judicial agencies.--Judicial agencies may
formulate their own procurement policy governing the
procurement, management, control and disposal of supplies,
services and construction and may act as their own purchasing
agency for the procurement of supplies, services and
construction, except that they shall use the procedures provided
under this part for the procurement. A judicial agency may use
the department as its purchasing agency for the purchase of
supplies, services and construction under this part and may use
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the department to dispose of surplus supplies under Chapter 15.
Section 4. Sections 311, 326, 511, 512(a), 512.1(a), 513(a),
(b) and (g), 514, 515, 516, 517, 518(c) and (e) and 519(c) and
(f) of Title 62 are amended to read:
§ 311. Powers and duties.
Except as otherwise provided in this part, the department may
promulgate regulations governing the procurement, management,
control and disposal of any and all supplies, services and
construction to be procured by [Commonwealth] executive and
independent agencies. The department shall consider and decide
matters of policy within the provisions of this part relating to
executive and independent agencies. The department may audit and
monitor the implementation of its regulations and the
requirements of this part.
§ 326. Board of Commissioners of Procurement, Public Grounds
and Buildings.
[No lease of real estate for use by an executive or
independent agency and no sole source procurement of supplies,
except for computer software updates under $50,000, for an
executive or independent agency for which the department acts as
the purchasing agency shall be valid or effective unless, upon
review, it is approved by the Board of Commissioners of Public
Grounds and Buildings. Where the board is reviewing a proposed
sole source lease or procurement being submitted pursuant to
section 515 (relating to sole source procurement), approval of
the lease or procurement shall require the unanimous vote of the
board. Where the board is reviewing a proposed non-sole source
lease, the lease shall be approved when one member of the board
votes to approve the lease. All votes shall take place at a
public meeting.]
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(a) Board.--There is established an independent executive
board to be known as the Board of Commissioners of Procurement,
Public Grounds and Buildings. The board shall be composed of the
following members:
(1) The Governor or a designee.
(2) The State Treasurer or a designee.
(3) The Attorney General or a designee.
(4) The President pro tempore of the Senate or a
designee.
(5) The Speaker of the House of Representatives or a
designee.
(6) The President Judge of the Superior Court or a
designee.
(7) A judge of the Superior Court appointed by the Chief
Justice of the Supreme Court or a designee.
(b) Organization.--The Governor shall serve as chairperson.
The board shall meet at the call of the chairperson. A majority
of the board shall constitute a quorum. The board shall be
subject to the act of February 14, 2008 (P.L.6, No.3), known as
the Right-to-Know Law and 65 Pa.C.S. Ch.7 (relating to open
meetings). Commonwealth agencies shall cooperate with and
provide assistance to the board without financial reimbursement.
The department shall provide administrative services and staff,
including staff legal counsel, to the board.
(c) Duties.--The board shall do all of the following:
(1) Review and may approve applications by Commonwealth
agencies for sole source procurement or emergency
procurement.
(2) Review and may approve leases of real estate by
executive and independent agencies.
20090HB2168PN3021 - 8 -
(3) Perform the duties of the former Board of
Commissioners of Public Grounds and Buildings.
(d) Lease and sole source procedure.--The following shall
apply:
(1) A purchasing agency may submit an application to the
board requesting that procurement be permitted without the
use of competitive procurement or requesting the real
property to be leased. The application shall be on the form
required by the board and shall include or demonstrate all of
the following:
(i) The name of the contracting agency.
(ii) If the application is for a sole source
procurement, a copy of the determination required under
section 515(a) (relating to sole source procurement).
(iii) The name and address of the bidder or offeror
from which the supply, service or construction is to be
procured or the real property is to be leased.
(iv) The cost of the supply, service or construction
to be procured or the rent for the real property to be
leased.
(v) A statement from the bidder or offeror from
which the supply, service or construction is to be
procured or the real property to be leased indicating
that within the last 365 days the bidder or offeror has
not contributed to a campaign of a State official holding
office within the Commonwealth agency in which the
contracting agency is located.
(vi) Any other information required by the board.
(2) The board shall review the application. Upon being
satisfied that all requirements have been met, the board may
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approve the application if the board finds all of the
following:
(i) If the application is for a sole source
procurement, the procurement without the use of
competitive procurement is in both the best financial
interests and the best legal interests of the
Commonwealth.
(ii) The bidder or offeror has not made a
contribution within the last 365 days to a campaign of a
State official holding office within the Commonwealth
agency in which the contracting agency is located.
(iii) No conflict of interests exists between the
contracting agency, the head of the contracting agency,
the contracting officer or the purchasing agency and the
bidder or offeror.
(e) Emergency procurement procedure.--The following shall
apply:
(1) A purchasing agency may submit an application to the
board requesting that an emergency procurement be permitted.
The application shall be on the form required by the board
and shall include or demonstrate all of the following:
(i) The name of the contracting agency.
(ii) A copy of the determination required under
section 516(a) (relating to emergency procurement).
(iii) The name and address of the bidder or offeror
from which the supply, service or construction is to be
procured.
(iv) The cost of the supply, service or construction
to be procured.
(v) A statement from the bidder or offeror from
20090HB2168PN3021 - 10 -
which the supply, service or construction is to be
procured indicating that within the last 365 days the
bidder or offeror has not contributed to a campaign of a
State official holding office within the Commonwealth
agency in which the contracting agency is located.
(vi) Any other information required by the board.
(2) The board shall review the application. Upon being
satisfied that all requirements have been met, the board may
approve the application if the board finds all of the
following:
(i) The emergency procurement is in interests of the
Commonwealth.
(ii) The bidder or offeror has not made a
contribution within the last 365 days to a campaign of a
State official holding office within the Commonwealth
agency in which the contracting agency is located.
(iii) No conflict of interests exists between the
contracting agency, the head of the contracting agency,
the contracting officer or the purchasing agency and the
bidder or offeror.
§ 511. Methods of source selection.
Unless otherwise authorized by law, all Commonwealth agency
contracts shall be awarded by competitive sealed bidding under
section 512 (relating to competitive sealed bidding) except as
provided in:
Section 512.1 (relating to competitive electronic auction
bidding).
Section 513 (relating to competitive sealed proposals).
Section 514 (relating to small procurements).
Section 515 (relating to sole source procurement).
20090HB2168PN3021 - 11 -
Section 516 (relating to emergency procurement).
Section 517 (relating to [multiple awards] competitive
procurement on a multiple award basis).
Section 518 (relating to competitive selection procedures
for certain services).
Section 519 (relating to selection procedure for
insurance and notary bonds).
Section 520 (relating to supplies manufactured and
services performed by persons with disabilities).
Section 905 (relating to procurement of design
professional services).
§ 512. Competitive sealed bidding.
(a) Conditions for use.--Contracts for supplies, services
and construction shall be awarded by competitive sealed bidding
except as otherwise provided [in section 511 (relating to
methods of source selection)] under this chapter.
* * *
§ 512.1. Competitive electronic auction bidding.
(a) Conditions for use.--If the contracting officer of the
purchasing agency determines in writing that use of competitive
[electronic auction] sealed bidding is not in the best interests
of the Commonwealth[,] and that the use of competitive
electronic auction bidding is more advantageous to the
Commonwealth, the purchasing agency may enter into a contract
for supplies or services, but not construction, [may be entered
into] by competitive electronic auction bidding.
* * *
§ 513. Competitive sealed proposals.
[(a) Conditions for use.--When the contracting officer
determines in writing that the use of competitive sealed bidding
20090HB2168PN3021 - 12 -
is either not practicable or advantageous to the Commonwealth, a
contract may be entered into by competitive sealed proposals.
(b) Request for proposals.--Proposals shall be solicited
through a request for proposals.]
(a) Conditions for use.--If the head of a contracting agency
determines in writing that the use of competitive sealed bidding
is not in the best interests of the Commonwealth and that the
use of competitive sealed proposals is more advantageous to the
Commonwealth, the purchasing agency may enter into a contract
for supplies, services and construction by competitive sealed
proposals.
(b) Request for proposals.--After making the determination
required under subsection (a), proposals shall be solicited
through a request for proposals. A request for proposals shall
require each offeror to state whether within the last 365 days
the offeror has contributed to a campaign of a State official
holding office within the Commonwealth agency in which the
contracting agency is located.
* * *
(g) Selection for negotiation.--The responsible offeror
whose proposal is determined in writing to be the most
advantageous to the [purchasing] contracting agency, taking into
consideration price and all evaluation factors, and who has not
contributed within the last 365 days to a campaign of a State
official holding office within the Commonwealth agency in which
the contracting agency is located shall be selected for contract
negotiation.
§ 514. Small procurements.
If the procurement is not the subject of a Statewide
requirements contract between the purchasing agency and a
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contractor, the head of the purchasing agency may authorize in
writing procurements without [formal bid procedures, not
exceeding the amount established by the purchasing agency] the
use of competitive procurement procedures for small
procurements. The head of the purchasing agency may authorize a
small procurement [of the supply or service] on a no-bid basis
for [procurements which do] a supply or service which does not
exceed [the amount established by the head of the purchasing
agency for small, no-bid procurements] a total cost of $5,000.
The amount of $5,000 shall be adjusted annually by the
department to reflect the annual percentage change in the
Consumer Price Index of the United States Department of Commerce
occurring in the one-year period ending December 31 of each
year. The head of the purchasing agency may authorize a small
procurement on a no-bid basis for [construction projects that
do] a construction project which does not exceed a total
construction cost of $10,000. The amount of $10,000 shall be
adjusted annually by the department to reflect the annual
percentage change in the Composite Construction Cost Index of
the United States Department of Commerce occurring in the one-
year period ending December 31 of each year. Procurement
requirements shall not be artificially divided so as to
constitute a small procurement under this section. Small
procurements shall be made in accordance with the requirements
of the written authorization and this section. Records of all
small procurements shall be transmitted to the purchasing
agency.
§ 515. Sole source procurement.
[A contract may be awarded for a supply, service or
construction item without competition if the contracting officer
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first determines in writing that one of the following conditions
exists:
(1) Only a single contractor is capable of providing the
supply, service or construction.
(2) A Federal or State statute or Federal regulation
exempts the supply, service or construction from the
competitive procedure.
(3) The total cost of the supply, service or
construction is less than the amount established by the
department for small, no-bid procurements under section 514
(relating to small procurements).
(4) It is clearly not feasible to award the contract for
supplies or services on a competitive basis.
(5) The services are to be provided by attorneys or
litigation consultants selected by the Office of General
Counsel, the Office of Attorney General, the Department of
the Auditor General or the Treasury Department.
(6) The services are to be provided by expert witnesses.
(7) The services involve the repair, modification or
calibration of equipment and they are to be performed by the
manufacturer of the equipment or by the manufacturer's
authorized dealer, provided the contracting officer
determines that bidding is not appropriate under the
circumstances.
(8) The contract is for investment advisors or managers
selected by the Public School Employees' Retirement System,
the State Employees' Retirement System or a State-affiliated
entity.
(9) The contract is for financial or investment experts
to be used and selected by the Treasury Department or
20090HB2168PN3021 - 15 -
financial or investment experts selected by the Secretary of
the Budget.
(10) The contract for supplies or services is in the
best interest of the Commonwealth.
The written determination authorizing sole source procurement
shall be included in the contract file. With the exception of
small procurements under section 514 and emergency procurements
under section 516 (relating to emergency procurement), if the
sole source procurement is for a supply, except for computer
software updates under $50,000, for which the department acts as
purchasing agency, it must be approved by the Board of
Commissioners of Public Grounds and Buildings prior to the award
of a contract.]
(a) Condition of use.--If the head of a contracting agency
determines in writing that the use of competitive sealed bidding
is not in the best interests of the Commonwealth and that one or
more of the conditions listed under subsection (b) exists, the
purchasing agency may, after receiving approval by the Board of
Commissioners of Procurement, Public Grounds and Buildings,
enter into a contract for supplies, services or construction
without the use of competitive procurement.
(b) Conditions.--In order for a procurement to be made under
this section, the head of a contracting agency must determine
that one of the following conditions exists:
(1) A Federal or State statute or Federal regulation
exempts the supply, service or construction from competitive
procurement.
(2) The supply, service or construction is only capable
of being supplied by one bidder or offeror.
(3) The services to be procured involve the repair,
20090HB2168PN3021 - 16 -
modification or calibration of equipment and they are to be
performed by the manufacturer of the equipment or by the
manufacturer's authorized dealer, if the contracting officer
determines that bidding is not appropriate under the
circumstances.
(4) The services to be procured are only capable of
being supplied by one expert witness.
(5) The services to be procured involve financial
matters and they are to be provided by investment advisors or
managers to be used and selected by the Public School
Employees' Retirement System, the State Employees' Retirement
System or a State-affiliated entity.
(6) The services to be procured involve financial
matters and they are to be provided by financial or
investment experts to be used and selected by the Treasury
Department.
(7) The services to be procured involve the financial
interests of the Commonwealth in the global financial markets
and they are to be provided by financial or investment
experts to be used and selected by the Secretary of the
Budget for the Budget Office.
(8) The supply, service or construction is a procurement
under section 514 (relating to small procurements).
(9) The supply to be procured is computer software
updates under $50,000.
(c) Documentation.--The determination required under
subsection (a) shall be placed in the contract file and shall be
made available for public inspection in accordance with section
106 (relating to public access to procurement information).
(d) Exception.--For the purposes of this section, the
20090HB2168PN3021 - 17 -
following shall be deemed approved by the Board of Commissioners
of Procurement, Public Grounds and Buildings:
(1) A procurement which is a computer software update
under $50,000.
(2) A procurement which is a small procurement under
section 514.
(e) Selection for negotiation.--Upon receiving notification
from the Board of Commissioners of Procurement, Public Grounds
and Buildings that the procurement of the supply, service or
construction has been authorized without the use of competitive
procurement, the purchasing agency shall notify the responsible
bidder or offeror that it has been selected for contract
negotiation.
§ 516. Emergency procurement.
[The head of a purchasing agency may make or authorize others
to make an emergency procurement when there exists a threat to
public health, welfare or safety or circumstances outside the
control of the agency create an urgency of need which does not
permit the delay involved in using more formal competitive
methods. Whenever practical, in the case of a procurement of a
supply, at least two bids shall be solicited. A written
determination of the basis for the emergency and for the
selection of the particular contractor shall be included in the
contract file.]
(a) Condition of use.--If the head of a contracting agency
determines in writing that the use of competitive sealed bidding
is not in the best interests of the Commonwealth and that the
supply, service or construction is necessary to prevent an
immediate threat of personal injury or physical damage to
property, the purchasing agency may, after receiving approval by
20090HB2168PN3021 - 18 -
the Board of Commissioners of Procurement, Public Grounds and
Buildings, enter into a contract for the supply, service or
construction without the use of competitive procurement.
(b) Documentation.--The determination required under
subsection (a) shall be placed in the contract file and shall be
made available for public inspection in accordance with section
106 (relating to public access to procurement information).
(c) Exception.--For the purposes of this section, a
procurement which is necessary to respond to a disaster
emergency declared under 35 Pa.C.S. § 7301 (relating to general
authority of Governor) shall be deemed approved by the Board of
Commissioners of Procurement, Public Grounds and Buildings.
(d) Selection for negotiation.--Upon receiving notification
from the Board of Commissioners of Procurement, Public Grounds
and Buildings that the procurement of the supply, service or
construction has been authorized as an emergency procurement,
the purchasing agency shall notify the responsible bidder or
offeror that it has been selected for contract negotiation.
§ 517. [Multiple awards] Competitive procurement on a multiple
award basis.
(a) Conditions for use.--[Contracts may be entered into on a
multiple award basis when the head of the purchasing agency
determines that one or more of the following criteria is
applicable:] If the head of the purchasing agency determines in
writing that one or more of the conditions listed under
subsection (a.1) exists and that the use of multiple contracts
is more advantageous to the Commonwealth, the purchasing agency
may enter into a contract on a multiple award basis.
(a.1) Conditions.--In order for a procurement to be made
under this section, the head of a contracting agency must
20090HB2168PN3021 - 19 -
determine that one of the following conditions exists:
(1) It is administratively or economically impractical
to develop or modify specifications for a myriad of related
supplies because of rapid technological changes.
(2) The subjective nature in the use of certain supplies
and the fact that recognizing this need creates a more
efficient use of the item.
(3) It is administratively or economically impractical
to develop or modify specifications because of the
heterogeneous nature of the product lines.
(4) There is a need for compatibility with existing
systems.
(5) The agency should select the contractor to furnish
the supply, service or construction based upon best value or
return on investment.
(b) Solicitation process.--[Invitations to bid or requests
for proposals shall be issued for the supplies, services or
construction to be purchased] Invitations to bid shall be issued
as provided under section 512(b) (relating to competitive sealed
bidding) for supplies, services or construction to be purchased
or requests for proposals shall be issued as provided under
section 513(b) (relating to competitive sealed proposals) for
supplies, services or construction to be purchased. Invitations
for bids or requests for proposals shall describe the method for
selection of the successful bidders or offerors.
(c) Public notice.--Public notice of the invitation for bids
or request for proposals shall be given in the same manner as
provided in section 512(c) [(relating to competitive sealed
bidding)].
(d) Receipt of bids or proposals.--Bids shall be opened in
20090HB2168PN3021 - 20 -
the same manner as provided in section 512(d). Proposals shall
be received and evaluated in the same manner as provided in
section 513(d) and (e) [(relating to competitive sealed
proposals)].
(e) Award.--[The invitation for bids or request for
proposals shall describe the method for selection of the
successful bidders or offerors. There are three options:]
Contracts shall be awarded to bidders consistent with subsection
(e.1) and contracts shall be awarded to offerors who have not
contributed within the last 365 days to a campaign of a State
official holding office within the Commonwealth agency in which
the contracting agency is located consistent with subsection
(e.1).
(e.1) Number of awards.--The purchasing agency shall make
contract awards consistent with the following:
(1) Awards shall be made to the lowest responsible
bidder or offeror for each designated manufacturer.
(2) Awards shall be made to the two or three lowest
responsible bidders or offerors for each designated
manufacturer.
(3) Awards shall be made to all responsible bidders or
offerors.
(f) Selection.--A Commonwealth agency may select a
contractor from the bidders or offerors awarded contracts under
subsection (e) to furnish the supply, service or construction
based upon best value or return on investment.
§ 518. Competitive selection procedures for certain services.
* * *
(c) Request for proposals.--Adequate notice of the need for
the services specified in subsection (a) shall be given by the
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purchasing agency through a request for proposals. The request
for proposals shall describe the services required, list the
type of information required of each offeror and state the
relative importance of the particular information. Additionally,
each request for a proposal shall require offerors to state
whether within the last 365 days the offeror or any member of
the offeror with an ownership interest in the offeror has
contributed to a campaign of a State official holding office
within the Commonwealth agency in which the contracting agency
is located.
* * *
(e) Award.--Award shall be made to the responsible offeror
determined in writing by the contracting officer to be best
qualified based on the evaluation factors set forth in the
request for proposals and who as an entity or as members of the
entity with ownership interests in the entity have not
contributed within the last 365 days to a campaign of a State
official holding office within the Commonwealth agency in which
the contracting agency is located. Fair and reasonable
compensation shall be determined through negotiation, except
that no contract shall provide for compensation which exceeds
the rate charged other governmental entities. If compensation
cannot be agreed upon with the best qualified responsible
offeror, then negotiations will be formally terminated with the
offeror. If proposals were submitted by one or more other
responsible offerors, negotiations may be conducted with the
other responsible offeror or responsible offerors in the order
of their respective qualification ranking. The contract may be
awarded to the responsible offeror then ranked as best qualified
if the amount of compensation is determined to be fair and
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reasonable.
§ 519. Selection procedure for insurance and notary bonds.
* * *
(c) Request for proposals.--Adequate notice of the need for
insurance or notary bond coverage shall be given by the
purchasing agency through a request for proposals. The request
for proposals shall describe the type of insurance or bond
coverage required and list the type of information and data
required of each offeror and shall state whether within the last
365 days the offeror or any member of the offeror with an
ownership interest in the offeror has contributed to a campaign
of a State official holding office within the Commonwealth
agency in which the contracting agency is located.
* * *
(f) Award.--Award shall be made to the responsible offeror
who as an entity or as members of the entity with an ownership
interest in the entity have not contributed within the last 365
days to a campaign of a State official holding office within the
Commonwealth agency in which the contracting agency is located
and whose proposal is determined in writing by the department to
be the most advantageous to the Commonwealth based on criteria
determined by the department, including the coverage offered and
the cost of the premium.
Section 5. The Board of Commissioners of Procurement, Public
Grounds and Buildings shall be a continuation of Board of
Commissioners of Public Grounds and Buildings. All activities
initiated by the Board of Commissioners of Public Grounds and
Buildings shall continue and remain in full force and effect and
may be completed by the Board of Commissioners of Procurement,
Public Grounds and Buildings. Contracts, obligations and
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collective bargaining agreements entered into by the Board of
Commissioners of Public Grounds and Buildings are not affected
nor impaired by the continuation of the Board of Commissioners
of Public Grounds and Buildings.
Section 6. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the amendment of 62
Pa.C.S. § 326.
(2) Section 446 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929, is
repealed.
Section 7. This act shall take effect in 60 days.
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