PRIOR PRINTER'S NO. 2497 PRINTER'S NO. 3242
No. 1855 Session of 2005
INTRODUCED BY McNAUGHTON, HERMAN, LESCOVITZ, BIANCUCCI, HANNA, ROSS, GINGRICH, HICKERNELL, HARHAI, HARPER, KAUFFMAN, T. STEVENSON, HENNESSEY, M. KELLER, PETRI, O'NEILL, DENLINGER, BALDWIN, DALLY, BOYD, GEIST, HARRIS, R. MILLER, HERSHEY, SCAVELLO, FRANKEL, McILHATTAN, WATSON, CAPPELLI, DeWEESE, ARMSTRONG AND PHILLIPS, JULY 3, 2005
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, DECEMBER 6, 2005
AN ACT 1 Amending the act of June 24, 1931 (P.L.1206, No.331), entitled 2 "An act concerning townships of the first class; amending, 3 revising, consolidating, and changing the law relating 4 thereto," further providing for contracts and acquisition of 5 property and for general regulations concerning contracts. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Section 1802(a) and (a.1) of the act of June 24, 9 1931 (P.L.1206, No.331), known as The First Class Township Code, 10 reenacted and amended May 27, 1949 (P.L.1955, No.569) and 11 amended or added July 10, 1990 (P.L.389, No.92) and December 20, 12 1996 (P.L.1495, No.192), are amended and the section is amended 13 by adding a subsection to read: 14 Section 1802. General Regulations Concerning Contracts.--(a) 15 All contracts or purchases made by any township, involving the 16 expenditure of over [ten thousand dollars] twenty-five EIGHTEEN <-- 17 thousand dollars subject to annual adjustment under subsection
1 (a.2), except those hereinafter mentioned, shall not be made 2 except with and from the lowest responsible bidder, shall be in 3 writing, and shall be made only after notice by the secretary, 4 published, in one newspaper of general circulation, published or 5 circulating in the county in which the township is situated, at 6 least two times at intervals of not less than three days where 7 daily newspapers of general circulation are employed for such 8 publication, or in case weekly newspapers are employed then the 9 notice shall be published once a week for two successive weeks. 10 The first advertisement shall be published not more than forty- 11 five days and the second advertisement not less than ten days 12 prior to the date fixed for the opening of bids. Advertisements 13 for contracts or purchases shall also be posted in a conspicuous 14 place within the township. Advertisements for contracts or 15 purchases shall contain the date, time and location for opening 16 of bids and shall state the amount of the performance bond 17 determined under subsection (c). All plans and specifications 18 shall be on file at least ten days in advance of opening bids. 19 The amount of the contract shall in all cases, whether of 20 straight sale price, conditional sale, bailment lease, or 21 otherwise, be the entire amount which the township pays to the 22 successful bidder or his assigns in order to obtain the services 23 or property, or both, and shall not be construed to mean only 24 the amount which is paid to acquire title or to receive any 25 other particular benefit or benefits of the whole bargain. 26 (a.1) Written or telephonic price quotations from at least 27 three qualified and responsible contractors shall be requested 28 for all contracts that exceed [four thousand dollars] ten SEVEN <-- 29 thousand dollars subject to annual adjustment under subsection 30 (a.2) but are less than the amount requiring advertisement and 20050H1855B3242 - 2 -
1 competitive bidding or, in lieu of price quotations, a 2 memorandum shall be kept on file showing that fewer than three 3 qualified contractors exist in the market area within which it 4 is practicable to obtain quotations. A written record of 5 telephonic price quotations shall be made and shall contain at 6 least the date of the quotation, the name of the contractor and 7 the contractor's representative, the construction, 8 reconstruction, repair, maintenance or work which was the 9 subject of the quotation and the price. Written price 10 quotations, written records of telephonic price quotations and 11 memoranda shall be retained for a period of three years. 12 (a.2) (1) The Department of Labor and Industry shall <-- 13 determine the percentage change in the Consumer Price Index for 14 All Urban Consumers for the twelve-month period ending September 15 30 of the calendar year in which this subsection becomes 16 effective, and for each successive twelve-month period 17 thereafter. 18 (A.2) (1) ANNUALLY, BEGINNING WITH THE YEAR IN WHICH THIS <-- 19 SUBSECTION BECOMES APPLICABLE TO CONTRACTS AND PURCHASES, THE 20 DEPARTMENT OF LABOR AND INDUSTRY SHALL CALCULATE THE PERCENTAGE 21 CHANGE IN THE CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS (CPI- 22 U) FOR THE UNITED STATES CITY AVERAGE FOR ALL ITEMS AS PUBLISHED 23 BY THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF LABOR 24 STATISTICS, FOR THE TWELVE-MONTH AVERAGE ENDING IN SEPTEMBER OF 25 THE PRIOR YEAR. 26 (2) The amount at which competitive bidding is required 27 under subsection (a) and the amount at which written or 28 telephonic price quotations are required under subsection (a.1) 29 shall be adjusted annually as follows: 30 (i) In the case of competitive bidding, the positive 20050H1855B3242 - 3 -
1 percentage change, as determined in accordance with clause (1), 2 shall be multiplied by the amount applicable under subsection 3 (a) for the current year and the product thereof shall be added 4 to the amount applicable under subsection (a) for the current 5 year, with the result rounded to the nearest multiple of ten 6 dollars. 7 (ii) In the case of written or telephonic price quotations, 8 the positive percentage change, as determined in accordance with 9 clause (1), shall be multiplied by the amount applicable under 10 subsection (a.1) for the current year and the product thereof 11 shall be added to the amount applicable under subsection (a.1) 12 for the current year, with the result rounded to the nearest 13 multiple of ten dollars. 14 (3) The annual determination required under clause (1) and 15 the calculation of the adjustments required under clause (2) 16 shall be made in the period between October 1 and November 15 of 17 the year following the effective date of this subsection, and 18 annually between October 1 and November 15 of each successive 19 year. 20 (4) The adjusted amounts obtained in accordance with clause 21 (2) shall become effective January 1 for the calendar year 22 following the year in which the determination required under 23 clause (1) is made. 24 (5) The Department of Labor and Industry shall give notice 25 in the Pennsylvania Bulletin prior to January 1 of each calendar 26 year of the annual percentage change determined in accordance 27 with clause (1) and the amounts, whether adjusted or unadjusted 28 in accordance with clause (2), at which competitive bidding is 29 required under subsection (a) and written or telephonic price 30 quotations are required under subsection (a.1) for the calendar 20050H1855B3242 - 4 -
1 year beginning the first day of January after publication of the 2 notice. 3 * * * 4 Section 2. Section 1802.1 of the act, amended July 10, 1990 5 (P.L.389, No.92), is amended to read: 6 Section 1802.1. Evasion of Advertising Requirements.--(a) 7 No commissioner or commissioners shall evade the provisions of 8 section one thousand eight hundred two as to advertising for 9 bids, by purchasing or contracting for services and personal 10 properties piecemeal for the purpose of obtaining prices under 11 [ten thousand dollars] twenty-five EIGHTEEN thousand dollars <-- 12 subject to annual adjustment under section 1802(a.2) upon 13 transactions, which transactions should, in the exercise of 14 reasonable discretion and prudence, be conducted as one 15 transaction amounting to more than [ten thousand dollars] 16 twenty-five EIGHTEEN thousand dollars subject to annual <-- 17 adjustment under section 1802(a.2). This provision is intended 18 to make unlawful the evading of advertising requirements by 19 making a series of purchases or contracts each for less than the 20 advertising requirement price, or by making several simultaneous 21 purchases or contracts, each below said price, when in either 22 case, the transactions involved should have been made as one 23 transaction for one price. Any commissioners who so vote in 24 violation of this provision, and who know that the transaction 25 upon which they so vote is or ought to be a part of a larger 26 transaction, and that it is being divided in order to evade the 27 requirements as to advertising for bids, shall be jointly and 28 severally subject to surcharge for ten per centum of the full 29 amount of the contract or purchase. Whenever it shall appear 30 that a commissioner may have voted in violation of this section, 20050H1855B3242 - 5 -
1 but the purchase or contract on which he so voted was not 2 approved by the board of commissioners, this section shall be 3 inapplicable. 4 (b) Any commissioner who votes to unlawfully evade the 5 provisions of section one thousand eight hundred two and who 6 knows that the transaction upon which he so votes is or ought to 7 be a part of a larger transaction and that it is being divided 8 in order to evade the requirements as to advertising for bids 9 commits a misdemeanor of the third degree for each contract 10 entered into as a direct result of that vote. This penalty shall 11 be in addition to any surcharge which may be assessed pursuant 12 to subsection (a). 13 Section 3. This act shall apply to contracts and purchases 14 advertised on or after January 1 of the year following the 15 effective date of this section. 16 Section 4. This act shall take effect immediately. E19L73MSP/20050H1855B3242 - 6 -