Posted: | April 30, 2013 03:55 PM |
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From: | Representative Eli Evankovich and Rep. Matt Gabler |
To: | All House members |
Subject: | Procurement Reform for School Roofing Projects |
In the near future, we plan to introduce a bill to amend Title 62 (Procurement Code) by adding a new chapter on local government unit roofing projects. This legislation is meant to ensure that the bid specifications for public roofing projects are drafted to guarantee an open and competitive bidding process and prevent corruption or favoritism. Specifically, the new chapter will address a wide variety of abusive practices used to make bid specifications exclusionary including prohibitive testing methods, irrelevant standards, and generic-sounding standards that in fact can only be met by one product or service. Also, the use of a brand name in specifications for roofing projects always leaves room to bid equivalent materials. The new chapter will put checks in place to provide a fair bidding process. It will require that the plans and specifications for roofing projects be drafted by independent Pennsylvania-licensed design professionals, prohibit the giving of gifts and other forms of remuneration in relation to roofing projects, and require manufacturers, contractors, vendors, design professionals, and consultants to disclose their relationships with other interested parties. In addition, it will create an opportunity to challenge bid specifications on the basis that they are exclusionary. If a party fails to disclose a conflict of interest and that conflict results in the public entity being overcharged, it will make that party liable for the excess or unnecessary costs. Finally, the new chapter prohibits local government entities from procuring a roofing project or materials for the project through a cooperative-purchasing agency or agreement. While cooperative purchasing is appealing in theory, it is better suited for the procurement of smaller items in larger quantities (for example: office supplies). In practice, the purchase of roofing projects through cooperative-purchasing agencies has, in many cases, substantially increased the cost over what could be obtained through competitive public bidding. Please join us in safeguarding the integrity of public roofing project bidding and support this important piece of legislation. |