Bill Text: PA HB2325 | 2011-2012 | Regular Session | Amended

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Bill Title: In preliminary provisions, further providing for adjustments based on Consumer Price Index; in grounds and buildings, further providing for work to be done under contract let on bids and exception; in books, furniture and supplies, further providing for purchase of supplies; in Thaddeus Stevens College of Technology, further providing for contracts for construction, repair, renovation or maintenance; and, in State System of Higher Education, further providing for project contracts and for powers and duties of institution presidents.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-06-25 - Laid on the table [HB2325 Detail]

Download: Pennsylvania-2011-HB2325-Amended.html

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CORRECTIVE REPRINT
PRIOR PRINTER'S NO. 3400 PRINTER'S NO. 3528
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2325 Session of2012
INTRODUCED BY M. K. KELLER, APRIL 25, 2012
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, APRIL 25, 2012
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in preliminary provisions, further
providing for adjustments based on Consumer Price Index; in
grounds and buildings, further providing for work to be done
under contract let on bids and exception; in books, furniture
and supplies, further providing for purchase of supplies; in
Thaddeus Stevens College of Technology, further providing for
contracts for construction, repair, renovation or
maintenance; and, in State System of Higher Education,
further providing for project contracts and for powers and
duties of institution presidents. <--
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 119 of the act of March 10, 1949 (P.L.30,
No.14), known as the Public School Code of 1949, added November
3, 2011 (P.L.400, No.97), is repealed: <--
[Section 119. Adjustments Based on Consumer Price Index.--
Adjustments to the base amounts shall be made as follows:
(1) The Department of Labor and Industry shall determine the
percentage change in the Consumer Price Index for All Urban
Consumers: All Items (CPI-U) for the United States City Average
as published by the United States Department of Labor, Bureau of
Labor Statistics, for the twelve-month period ending September
30, 2012, and for each successive twelve-month period
thereafter.
(2) If the department determines that there is no positive
percentage change, then no adjustment to the base amounts shall
occur for the relevant time period.
(3) (i) If the department determines that there is a
positive percentage change in the first year that the
determination is made under paragraph (1), the positive
percentage change shall be multiplied by each base amount, and
the products shall be added to the base amounts, respectively,
and the sums shall be preliminary adjusted amounts.
(ii) The preliminary adjusted amounts shall be rounded to
the nearest one hundred dollars ($100) to determine the final
adjusted base amounts.
(4) In each successive year in which there is a positive
percentage change in the CPI-U for the United States City
Average, the positive percentage change shall be multiplied by
the most recent preliminary adjusted amounts, and the products
shall be added to the preliminary adjusted amount of the prior
year to calculate the preliminary adjusted amounts for the
current year. The sums thereof shall be rounded to the nearest
one hundred dollars ($100) to determine the new final adjusted
base amounts.
(5) The determinations and adjustments required under this
section shall be made in the period between October 1 and
November 15 of the year following the effective date of this
section and annually between October 1 and November 15 of each
year thereafter.
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(6) The final adjusted base amounts and new final adjusted
base amounts obtained under paragraphs (3) and (4) shall become
effective January 1 for the calendar year following the year in
which the determination required under paragraph (1) is made.
(7) The department shall publish notice in the Pennsylvania
Bulletin prior to January 1 of each calendar year of the annual
percentage change determined under paragraph (1) and the
unadjusted or final adjusted base amounts determined under
paragraphs (3) and (4) at which competitive bidding is required
and written or telephonic price quotations are required,
respectively, for the calendar year beginning the first day of
January after publication of the notice. The notice shall
include a written and illustrative explanation of the
calculations performed by the department in establishing the
unadjusted or final adjusted base amounts under this section for
the ensuing calendar year.
(8) The annual increase in the preliminary adjusted base
amounts obtained under paragraphs (3) and (4) shall not exceed
three percent (3%).]
Section 2. The act is amended by adding a section to read:
Section 120. Adjustments Based on Consumer Price Index.--
Adjustments to the base amounts shall be made as follows:
(1) The Department of Labor and Industry shall determine the
percentage change in the Consumer Price Index for All Urban
Consumers: All Items (CPI-U) for the United States City Average
as published by the United States Department of Labor, Bureau of
Labor Statistics, for the twelve-month period ending September
30, 2012, and for each successive twelve-month period
thereafter.
(2) If the department determines that there is no positive
20120HB2325PN3528 - 3 -
percentage change, then no adjustment to the base amounts shall
occur for the relevant time period.
(3) (i) If the department determines that there is a
positive percentage change in the first year that the
determination is made under paragraph (1), the positive
percentage change shall be multiplied by each base amount, and
the products shall be added to the base amounts, respectively,
and the sums shall be preliminary adjusted amounts.
(ii) The preliminary adjusted amounts shall be rounded to
the nearest one hundred dollars ($100) to determine the final
adjusted base amounts.
(4) In each successive year in which there is a positive
percentage change in the CPI-U for the United States City
Average, the positive percentage change shall be multiplied by
the most recent preliminary adjusted amounts, and the products
shall be added to the preliminary adjusted amount of the prior
year to calculate the preliminary adjusted amounts for the
current year. The sums thereof shall be rounded to the nearest
one hundred dollars ($100) to determine the new final adjusted
base amounts.
(5) The determinations and adjustments required under this
section shall be made in the period between October 1 and
November 15, 2012, and annually between October 1 and November
15 of each year thereafter.
(6) The final adjusted base amounts and new final adjusted
base amounts obtained under paragraphs (3) and (4) shall become
effective January 1 for the calendar year following the year in
which the determination required under paragraph (1) is made.
(7) The department shall publish notice in the Pennsylvania
Bulletin prior to January 1 of each calendar year of the annual
20120HB2325PN3528 - 4 -
percentage change determined under paragraph (1) and the
unadjusted or final adjusted base amounts determined under
paragraphs (3) and (4) at which competitive bidding is required
and written or telephonic price quotations are required,
respectively, for the calendar year beginning the first day of
January after publication of the notice. The notice shall
include a written and illustrative explanation of the
calculations performed by the department in establishing the
unadjusted or final adjusted base amounts under this section for
the ensuing calendar year.
(8) The annual increase in the preliminary adjusted base
amounts obtained under paragraphs (3) and (4) shall not exceed
three percent (3%).
Section 3. Section 751(a), (a.1), (b) and (f) of the act,
amended November 3, 2011 (P.L.400, No.97), are amended and the
section is amended by adding subsections to read:
Section 751. Work to be Done Under Contract Let on Bids;
Exception.--[(a) All construction, reconstruction, repairs,
maintenance or work of any nature, including the introduction of
plumbing, heating and ventilating, or lighting systems, upon any
school building or upon any school property, or upon any
building or portion of a building leased under the provisions of
section 703.1, made by any school district, where the entire
cost, value, or amount of such construction, reconstruction,
repairs, maintenance or work, including labor and material,
shall exceed a base amount of eighteen thousand five hundred
dollars ($18,500), subject to adjustment under section 119,
shall be done under separate contracts to be entered into by
such school district with the lowest responsible bidder, upon
proper terms, after due public notice has been given asking for
20120HB2325PN3528 - 5 -
competitive bids. Whenever a board of school directors shall
approve the use of a prefabricated unit, complete in itself, for
a school building or other proper structure to be erected upon
school property, the board of school directors may have prepared
appropriate specifications detailing the size and material
desired in a particular prefabricated unit, including all
utilities such as plumbing, heating and ventilating, and
electrical work, and may advertise for a single bid on all the
work and award the contract therefor to the lowest responsible
bidder: Provided, That if due to an emergency a school plant or
any part thereof becomes unusable competitive bids for repairs
or replacement may be solicited from at least three responsible
bidders, and upon the approval of any of these bids by the
Secretary of Education, the board of school directors may
proceed at once to make the necessary repairs or replacements in
accordance with the terms of said approved bid or bids.
(a.1) Written or telephonic price quotations from at least
three qualified and responsible contractors shall be requested
by the board of school directors for all contracts that exceed a
base amount of ten thousand dollars ($10,000), subject to
adjustment under section 119, 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
20120HB2325PN3528 - 6 -
quotations, written records of telephonic price quotations and
memoranda shall be retained for a period of three years.]
(a.2) All construction, reconstruction, repairs, maintenance
or work of any nature, including the introduction of plumbing,
heating and ventilating, or lighting systems, upon any school
building or upon any school property, or upon any building or
portion of a building leased under the provisions of section
703.1, made by any school district, where the entire cost,
value, or amount of such construction, reconstruction, repairs,
maintenance or work, including labor and material, shall exceed
a base amount of eighteen thousand five hundred dollars
($18,500), subject to adjustment under section 120, shall be
done under separate contracts to be entered into by such school
district with the lowest responsible bidder, upon proper terms,
after due public notice has been given asking for competitive
bids. Whenever a board of school directors shall approve the use
of a prefabricated unit, complete in itself, for a school
building or other proper structure to be erected upon school
property, the board of school directors may have prepared
appropriate specifications detailing the size and material
desired in a particular prefabricated unit, including all
utilities such as plumbing, heating and ventilating, and
electrical work, and may advertise for a single bid on all the
work and award the contract therefor to the lowest responsible
bidder: Provided, That if due to an emergency a school plant or
any part thereof becomes unusable competitive bids for repairs
or replacement may be solicited from at least three responsible
bidders, and upon the approval of any of these bids by the
Secretary of Education, the board of school directors may
proceed at once to make the necessary repairs or replacements in
20120HB2325PN3528 - 7 -
accordance with the terms of said approved bid or bids.
(a.3) Written or telephonic price quotations from at least
three qualified and responsible contractors shall be requested
by the board of school directors for all contracts that exceed a
base amount of ten thousand dollars ($10,000), subject to
adjustment under section 120, 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) The board of school directors in any school district
may perform any construction, reconstruction, repairs, or work
of any nature, where the entire cost or value, including labor
and material, is less than a base amount of ten thousand dollars
($10,000), subject to adjustment under section 119, by its own
maintenance personnel. The board of school directors in any
school district may authorize the secretary of the board or
other executive to award contracts for construction,
reconstruction, repairs, or work of any nature, where the entire
cost or value, including labor and material, subject to
adjustment under section 119, is a base amount of eighteen
thousand five hundred dollars ($18,500) or less, without
soliciting competitive bids, subject, however, to the provisions
20120HB2325PN3528 - 8 -
of subsection (a.1).]
(b.1) The board of school directors in any school district
may perform any construction, reconstruction, repairs, or work
of any nature, where the entire cost or value, including labor
and material, is less than a base amount of ten thousand dollars
($10,000), subject to adjustment under section 120, by its own
maintenance personnel. The board of school directors in any
school district may authorize the secretary of the board or
other executive to award contracts for construction,
reconstruction, repairs, or work of any nature, where the entire
cost or value, including labor and material, subject to
adjustment under section 120, is a base amount of eighteen
thousand five hundred dollars ($18,500) or less, without
soliciting competitive bids, subject, however, to the provisions
of subsection (a.3).
* * *
[(f) No board of school directors shall evade the provisions
of this section as to advertising for bids or purchasing
materials or contracting for services piecemeal for the purpose
of obtaining prices under a base amount of eighteen thousand
five hundred dollars ($18,500), subject to adjustment under
section 119, upon transactions which should, in the exercise of
reasonable discretion and prudence, be conducted as one
transaction amounting to more than a base amount of eighteen
thousand five hundred dollars ($18,500), subject to adjustment
under section 119. This provision is intended to make unlawful
the practice of evading advertising 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
20120HB2325PN3528 - 9 -
case the transaction involved should have been made as one
transaction for one price.]
(g) No board of school directors shall evade the provisions
of this section as to advertising for bids or purchasing
materials or contracting for services piecemeal for the purpose
of obtaining prices under a base amount of eighteen thousand
five hundred dollars ($18,500), subject to adjustment under
section 120, upon transactions which should, in the exercise of
reasonable discretion and prudence, be conducted as one
transaction amounting to more than a base amount of eighteen
thousand five hundred dollars ($18,500), subject to adjustment
under section 120. This provision is intended to make unlawful
the practice of evading advertising 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.
Section 4. Section 807.1 of the act, amended November 3,
2011 (P.L.400, No.97), is amended to read:
Section 807.1. Purchase of Supplies.--[(a) All furniture,
equipment, textbooks, school supplies and other appliances for
the use of the public schools, costing, subject to adjustment
under section 119, a base amount of eighteen thousand five
hundred dollars ($18,500) or more shall be purchased by the
board of school directors only after due advertisement as
hereinafter provided. Supplies costing, subject to adjustment
under section 119, a base amount of eighteen thousand five
hundred dollars ($18,500) or more shall be purchased by the
board of school directors only after public notice has been
20120HB2325PN3528 - 10 -
given by advertisement once a week for three (3) weeks in not
less than two (2) newspapers of general circulation. In any
district where no newspaper is published, said notice may, in
lieu of such publication, be posted in at least five (5) public
places.
(a.1) Written or telephonic price quotations from at least
three qualified and responsible vendors shall be requested by
the board of school directors for all purchases of supplies that
exceed a base amount of ten thousand dollars ($10,000), subject
to adjustment under section 119, 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 vendors 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
vendor and the vendor's representative, the supplies which were
the subject of the quotation and the price of the supplies.
Written price quotations, written records of telephonic price
quotations and memoranda shall be retained for a period of three
years.]
(a.2) All furniture, equipment, textbooks, school supplies
and other appliances for the use of the public schools costing,
subject to adjustment under section 120, a base amount of
eighteen thousand five hundred dollars ($18,500) or more shall
be purchased by the board of school directors only after due
advertisement as hereinafter provided. Supplies costing, subject
to adjustment under section 120, a base amount of eighteen
thousand five hundred dollars ($18,500) or more shall be
purchased by the board of school directors only after public
20120HB2325PN3528 - 11 -
notice has been given by advertisement once a week for three (3)
weeks in not less than two (2) newspapers of general
circulation. In any district where no newspaper is published,
said notice may, in lieu of such publication, be posted in at
least five (5) public places.
(a.3) Written or telephonic price quotations from at least
three qualified and responsible vendors shall be requested by
the board of school directors for all purchases of supplies that
exceed a base amount of ten thousand dollars ($10,000), subject
to adjustment under section 120, 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 (3) qualified vendors 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 vendor and the vendor's representative, the supplies which
were the subject of the quotation and the price of the supplies.
Written price quotations, written records of telephonic price
quotations and memoranda shall be retained for a period of three
(3) years.
[(b) The board of school directors shall accept the bid of
the lowest responsible bidder, kind, quality, and material being
equal, but shall have the right to reject any and all bids, or
select a single item from any bid. The board of school directors
in any district may authorize or appoint the secretary of the
board or other executive as purchasing agent for the district,
with authority to purchase supplies that cost a base amount of
less than eighteen thousand five hundred dollars ($18,500),
subject to adjustment under section 119.]
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(b.1) The board of school directors shall accept the bid of
the lowest responsible bidder, kind, quality, and material being
equal, but shall have the right to reject any and all bids, or
select a single item from any bid. The board of school directors
in any district may authorize or appoint the secretary of the
board or other executive as purchasing agent for the district,
with authority to purchase supplies that cost a base amount of
less than eighteen thousand five hundred dollars ($18,500),
subject to adjustment under section 120.
(c) The following shall be exempt from the above provisions:
maps, music, globes, charts, educational films, filmstrips,
prepared transparencies and slides, pre-recorded magnetic tapes
and disc recordings, textbooks, games, toys, prepared kits,
flannel board materials, flash cards, models, projectuals and
teacher demonstration devices necessary for school use.
[(d) No board of school directors shall evade the provisions
of this section as to advertising for bids or purchasing
materials piecemeal for the purpose of obtaining prices under
the base amount of eighteen thousand five hundred dollars
($18,500), subject to adjustment under section 119, upon
transactions which should, in the exercise of reasonable
discretion and prudence, be conducted as one transaction
amounting to more than a base amount of eighteen thousand five
hundred dollars ($18,500), subject to adjustment under section
119. This provision is intended to make unlawful the practice of
evading advertising 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
20120HB2325PN3528 - 13 -
price.]
(e) No board of school directors shall evade the provisions
of this section as to advertising for bids or purchasing
materials piecemeal for the purpose of obtaining prices under
the base amount of eighteen thousand five hundred dollars
($18,500), subject to adjustment under section 120, upon
transactions which should, in the exercise of reasonable
discretion and prudence, be conducted as one transaction
amounting to more than a base amount of eighteen thousand five
hundred dollars ($18,500), subject to adjustment under section
120. This provision is intended to make unlawful the practice of
evading advertising 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.
Section 5. Section 1913-B.1(c) of the act, amended November
3, 2011 (P.L.400, No.97), is amended and the section is amended
by adding a subsection to read:
Section 1913-B.1. Contracts for Construction, Repair,
Renovation or Maintenance.--* * *
[(c) All contracts, other than contracts for the retention
of architects and engineers, authorized by this section which
exceed a base amount of eighteen thousand five hundred dollars
($18,500), subject to adjustment under section 119, shall be
advertised in the manner provided by law and competitively bid
and awarded to the lowest responsible bidder. In case of
emergencies and notwithstanding any other provision of this
section to the contrary, the board of trustees may make or
authorize others to make an emergency procurement whenever a
20120HB2325PN3528 - 14 -
threat exists to public health, welfare or safety or
circumstances outside the control of the college and creates 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 (2) 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.]
(c.1) All contracts, other than contracts for the retention
of architects and engineers, authorized by this section which
exceed a base amount of eighteen thousand five hundred dollars
($18,500), subject to adjustment under section 120, shall be
advertised in the manner provided by law and competitively bid
and awarded to the lowest responsible bidder. In case of
emergencies and notwithstanding any other provision of this
section to the contrary, the board of trustees may make or
authorize others to make an emergency procurement whenever a
threat exists to public health, welfare or safety or
circumstances outside the control of the college and creates 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 (2) 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.
* * *
Section 6. Section 2003-A.1(c) and (c.1) of the act, amended
or added November 3, 2011 (P.L.400, No.97), are amended and the
section is amended by adding subsections to read:
Section 2003-A.1. Project Contracts.--* * *
20120HB2325PN3528 - 15 -
[(c) All contracts, other than contracts for the retention
of architects and engineers, authorized by this section which
exceed a base amount of eighteen thousand five hundred dollars
($18,500), subject to adjustment under subsection (c.1), shall
be advertised in the manner provided by law and competitively
bid and awarded to the lowest responsible bidder. In case of
emergencies and notwithstanding any other provision of this
section to the contrary, the chancellor may make or authorize
others to make an emergency procurement whenever a threat exists
to public health, welfare or safety or circumstances outside the
control of the State system and creates 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 (2) 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.
(c.1) Adjustments shall be made as follows:
(1) The Department of Labor and Industry shall calculate the
average annual percentage change in the Consumer Price Index for
All Urban Consumers: All Items (CPI-U) for the United States
City Average as published by the United States Department of
Labor, Bureau of Labor Statistics, for the twelve-month period
ending September 30, 2012, and for each successive twelve-month
period thereafter.
(1.1) If the department determines that there is no positive
percentage change, then no adjustment to the base amounts shall
occur for the relevant time period.
(2) The positive percentage change, as determined in
accordance with clause (1), shall be multiplied by the amount
20120HB2325PN3528 - 16 -
applicable under subsection (c) for the current period, and the
product thereof shall be added to the amount applicable under
subsection (c) for the current period, with the result rounded
to the nearest multiple of one hundred dollars ($100).
(3) The determination required under clause (1) and the
calculation adjustments required under clause (2) shall be made
in the period between October 1 and November 15 of the year
following the effective date of this subsection and between
October 1 and November 15 of each successive year.
(4) The adjusted amounts obtained in accordance with clause
(2) shall become effective January 1 for the period following
the year in which the determination required under clause (1) is
made.
(5) The Department of Labor and Industry shall give notice
in the Pennsylvania Bulletin prior to January 1 of each calendar
year in which the percentage change is determined in accordance
with clause (1) of the amounts, whether adjusted or unadjusted
in accordance with clause (2), at which competitive bidding is
required under subsection (c) for the period beginning the first
day of January after publication of the notice.
(6) The annual increase in the preliminary adjusted base
amounts obtained under clauses (3) and (4) shall not exceed
three percent (3%).]
(c.2) All contracts, other than contracts for the retention
of architects and engineers, authorized by this section which
exceed a base amount of eighteen thousand five hundred dollars
($18,500), subject to adjustment under subsection (c.3), shall
be advertised in the manner provided by law and competitively
bid and awarded to the lowest responsible bidder. In case of
emergencies and notwithstanding any other provision of this
20120HB2325PN3528 - 17 -
section to the contrary, the chancellor may make or authorize
others to make an emergency procurement whenever a threat exists
to public health, welfare or safety or circumstances outside the
control of the State system and creates 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 (2) 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.
(c.3) Adjustments shall be made as follows:
(1) The Department of Labor and Industry shall calculate the
average annual percentage change in the Consumer Price Index for
All Urban Consumers: All Items (CPI-U) for the United States
City Average as published by the United States Department of
Labor, Bureau of Labor Statistics, for the twelve-month period
ending September 30, 2012, and for each successive twelve-month
period thereafter.
(1.1) If the department determines that there is no positive
percentage change, then no adjustment to the base amounts shall
occur for the relevant time period.
(2) The positive percentage change, as determined in
accordance with clause (1), shall be multiplied by the amount
applicable under subsection (c.2) for the current period, and
the product thereof shall be added to the amount applicable
under subsection (c.2) for the current period, with the result
rounded to the nearest multiple of one hundred dollars ($100).
(3) The determination required under clause (1) and the
calculation adjustments required under clause (2) shall be made
in the period between October 1 and November 15, 2012, and
20120HB2325PN3528 - 18 -
between October 1 and November 15 of each successive year.
(4) The adjusted amounts obtained in accordance with clause
(2) shall become effective January 1 for the period following
the year in which the determination required under clause (1) is
made.
(5) The Department of Labor and Industry shall give notice
in the Pennsylvania Bulletin prior to January 1 of each calendar
year in which the percentage change is determined in accordance
with clause (1) of the amounts, whether adjusted or unadjusted
in accordance with clause (2), at which competitive bidding is
required under subsection (c.2) for the period beginning the
first day of January after publication of the notice.
(6) The annual increase in the preliminary adjusted base
amounts obtained under clauses (3) and (4) shall not exceed
three percent (3%).
* * *
Section 7. Section 2010-A(10) of the act, amended November
3, 2011 (P.L.400, No.97), is amended and the section is amended
by adding a paragraph to read:
Section 2010-A. Power and Duties of Institution
Presidents.--The president of each institution shall be
appointed by the board. The president shall be the chief
executive officer of that institution. He shall have the right
to attend all meetings of the council of that institution and
shall have the right to speak on all matters before the council
but not to vote. Subject to the stated authority of the board
and the council, each president shall have the following powers
and duties:
* * *
[(10) Within the limitations of the operating budget and
20120HB2325PN3528 - 19 -
other available funds in accordance with the procedures
established by the board and with the approval of the local
council, to negotiate and award all contracts for equipment,
services and supplies in excess of a cost of a base amount of
eighteen thousand five hundred dollars ($18,500), subject to
adjustment under section 119, on a competitive bid basis and to
purchase instructional, educational, extracurricular, technical,
administrative, custodial and maintenance equipment and supplies
not in excess of a cost of a base amount of eighteen thousand
five hundred dollars ($18,500), subject to adjustment under
section 119, without competitive bidding, except that such items
shall not be bought in series to avoid the dollar ceiling.]
(10.1) Within the limitations of the operating budget and
other available funds in accordance with the procedures
established by the board and with the approval of the local
council, to negotiate and award all contracts for equipment,
services and supplies in excess of a cost of a base amount of
eighteen thousand five hundred dollars ($18,500), subject to
adjustment under section 120, on a competitive bid basis and to
purchase instructional, educational, extracurricular, technical,
administrative, custodial and maintenance equipment and supplies
not in excess of a cost of a base amount of eighteen thousand
five hundred dollars ($18,500), subject to adjustment under
section 120, without competitive bidding, except that such items
shall not be bought in series to avoid the dollar ceiling.
* * *
Section 8. This act shall apply to contracts and purchases
advertised on or after the effective date of this section.
Section 9. This act shall take effect immediately.
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