PRIOR PRINTER'S NO. 817 PRINTER'S NO. 1662
No. 753 Session of 1989
INTRODUCED BY STOUT, CORMAN, STEWART, BRIGHTBILL, PUNT, LEMMOND,
PORTERFIELD, MADIGAN, AFFLERBACH, REIBMAN AND PETERSON,
MARCH 23, 1989
SENATOR PECORA, LOCAL GOVERNMENT, AS AMENDED, OCTOBER 24, 1989
AN ACT
1 Amending the act of August 6, 1936 (Sp.Sess., P.L.95, No.38
2 1/2), entitled "An act to authorize and empower cities,
3 boroughs, towns, and townships, separately or jointly, to
4 provide for protection against floods by erecting and
5 constructing certain works and improvements, located within
6 or without their territorial limits, and within or without
7 the county in which situate; and to expend moneys and incur
8 indebtedness; to assess benefits against property benefited;
9 to issue improvement bonds imposing no municipal liability;
10 and to acquire, take, injure or destroy property for such
11 purposes," further regulating purchases and bidding on such
12 purchases.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Section 3 of the act of August 6, 1936 (Sp.Sess.,
16 P.L.95, No.38 1/2), entitled "An act to authorize and empower
17 cities, boroughs, towns, and townships, separately or jointly,
18 to provide for protection against floods by erecting and
19 constructing certain works and improvements, located within or
20 without their territorial limits, and within or without the
21 county in which situate; and to expend moneys and incur
22 indebtedness; to assess benefits against property benefited; to
1 issue improvement bonds imposing no municipal liability; and to
2 acquire, take, injure or destroy property for such purposes,"
3 amended December 22, 1981 (P.L.553, No.163), is amended to read:
4 Section 3. (A) No such works or improvements, involving an <--
5 expenditure by any municipality or municipalities of more than
6 [four thousand dollars ($4,000)] ten thousand dollars ($10,000),
7 shall be erected, constructed or provided, except by contract
8 let to the lowest responsible bidder after due advertisement,
9 once a week for two successive weeks in at least one newspaper
10 of general circulation: Provided, however, That no contract
11 shall be required to be let for the performance of the work on
12 any such work or improvement where the cost of the labor shall
13 be paid by the Federal Government, or any agency thereof,
14 without cost to the municipality or municipalities.
15 (B) NO MUNICIPALITY SHALL EVADE THE PROVISIONS OF THIS <--
16 SECTION AS TO ADVERTISING FOR BIDS OR PURCHASING MATERIALS OR
17 CONTRACTING FOR SERVICES PIECE-MEAL, FOR THE PURPOSE OF
18 OBTAINING PRICES UNDER TEN THOUSAND DOLLARS ($10,000) UPON
19 TRANSACTIONS WHICH SHOULD IN THE EXERCISE OF REASONABLE
20 DISCRETION AND PRUDENCE BE CONDUCTED AS ONE TRANSACTION
21 AMOUNTING TO MORE THAN TEN THOUSAND DOLLARS ($10,000). THIS
22 PROVISION IS INTENDED TO MAKE UNLAWFUL THE PRACTICE OF EVADING
23 ADVERTISING REQUIREMENTS BY MAKING A SERIES OF PURCHASES OR
24 CONTRACTS EACH FOR LESS THAN THE ADVERTISING REQUIREMENT PRICE,
25 OR BY MAKING SEVERAL SIMULTANEOUS PURCHASES OR CONTRACTS EACH
26 BELOW SAID PRICE, WHEN IN EITHER CASE THE TRANSACTION INVOLVED
27 SHOULD HAVE BEEN MADE AS ONE TRANSACTION FOR ONE PRICE.
28 (C) Every contract for the construction, reconstruction,
29 alteration, repair, improvement or maintenance of public works
30 shall comply with the provisions of the act of March 3, 1978
19890S0753B1662 - 2 -
1 (P.L.6, No.3), known as the "Steel Products Procurement Act."
2 Section 2. This act shall take effect in 60 days.
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