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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY CALTAGIRONE, BELFANTI, BRENNAN, BRIGGS, D. COSTA, DeLUCA, GODSHALL, KOTIK, LEVDANSKY, OBERLANDER, M. O'BRIEN, PAYTON, PYLE, SAINATO, SIPTROTH, VULAKOVICH, DEASY AND YOUNGBLOOD, JUNE 30, 2010 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 30, 2010 |
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| AN ACT |
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1 | Amending Title 62 (Procurement) of the Pennsylvania Consolidated |
2 | Statutes, further providing for sole source procurement and |
3 | for emergency procurement. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Sections 515 and 516 of Title 62 of the |
7 | Pennsylvania Consolidated Statutes are amended to read: |
8 | § 515. Sole source procurement. |
9 | [A] (a) Requirements.--Subject to subsection (b) of this |
10 | section, a contract may be awarded for a supply, service or |
11 | construction item without competition if the contracting officer |
12 | first determines in writing that one of the following conditions |
13 | exists: |
14 | (1) Only a single contractor is capable of providing the |
15 | supply, service or construction. |
16 | (2) A Federal or State statute or Federal regulation |
17 | exempts the supply, service or construction from the |
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1 | competitive procedure. |
2 | (3) The total cost of the supply, service or |
3 | construction is less than the amount established by the |
4 | department for small, no-bid procurements under section 514 |
5 | (relating to small procurements). |
6 | (4) It is clearly not feasible to award the contract for |
7 | supplies or services on a competitive basis. |
8 | (5) The services are to be provided by attorneys or |
9 | litigation consultants selected by the Office of General |
10 | Counsel, the Office of Attorney General, the Department of |
11 | the Auditor General or the Treasury Department. |
12 | (6) The services are to be provided by expert witnesses. |
13 | (7) The services involve the repair, modification or |
14 | calibration of equipment and they are to be performed by the |
15 | manufacturer of the equipment or by the manufacturer's |
16 | authorized dealer, provided the contracting officer |
17 | determines that bidding is not appropriate under the |
18 | circumstances. |
19 | (8) The contract is for investment advisors or managers |
20 | selected by the Public School Employees' Retirement System, |
21 | the State Employees' Retirement System or a State-affiliated |
22 | entity. |
23 | (9) The contract is for financial or investment experts |
24 | to be used and selected by the Treasury Department or |
25 | financial or investment experts selected by the Secretary of |
26 | the Budget. |
27 | (10) The contract for supplies or services is in the |
28 | best interest of the Commonwealth. |
29 | The written determination authorizing sole source procurement |
30 | shall be included in the contract file. With the exception of |
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1 | small procurements under section 514 and emergency procurements |
2 | under section 516 (relating to emergency procurement), if the |
3 | sole source procurement is for a supply, except for computer |
4 | software updates under $50,000, for which the department acts as |
5 | purchasing agency, it must be approved by the Board of |
6 | Commissioners of Public Grounds and Buildings prior to the award |
7 | of a contract. |
8 | (b) Persons who may approve sole source procurements.--The |
9 | approval of at least two of the following three persons is |
10 | required for the approval of all sole source procurements: |
11 | (1) the State Treasurer; |
12 | (2) the President pro tempore of the Senate; or |
13 | (3) the Speaker of the House of Representatives. |
14 | (c) Record of approval.--All approvals from those persons |
15 | listed in subsection (b) shall be included in the contract file. |
16 | § 516. Emergency procurement. |
17 | [The] (a) Requirements.--If an emergency procurement is |
18 | approved by at least two of the three persons listed in |
19 | subsection (b), the head of a purchasing agency may make or |
20 | authorize others to make an emergency procurement when there |
21 | exists a threat to public health, welfare or safety or |
22 | circumstances outside the control of the agency create an |
23 | urgency of need which does not permit the delay involved in |
24 | using more formal competitive methods. Whenever practical, in |
25 | the case of a procurement of a supply, at least two bids shall |
26 | be solicited. A written determination of the basis for the |
27 | emergency and for the selection of the particular contractor |
28 | shall be included in the contract file. |
29 | (b) Persons who may approve emergency procurements.--The |
30 | approval of at least two of the following three persons is |
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1 | required for the approval of all emergency procurements: |
2 | (1) the State Treasurer; |
3 | (2) the President pro tempore of the Senate; or |
4 | (3) the Speaker of the House of Representatives. |
5 | (c) Record of approval.--All approvals from those persons |
6 | listed in subsection (b) shall be included in the contract file. |
7 | Section 2. This act shall take effect in 60 days. |
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