PRINTER'S NO. 877
No. 786 Session of 1989
INTRODUCED BY TRELLO, COWELL, COLAFELLA, WOZNIAK, HALUSKA,
MELIO, LAUGHLIN, NAHILL, MERRY, HECKLER, BARLEY, DISTLER,
ADOLPH, VAN HORNE, DOMBROWSKI, LEH, FARGO, BELFANTI,
PISTELLA, HERMAN, ROBBINS, RITTER, STEIGHNER, HAGARTY, NOYE,
McCALL, FLICK, ROBINSON, CORNELL, VEON, GLADECK, McVERRY,
CLYMER, OLASZ, BIRMELIN, GEIST, S. H. SMITH, BILLOW,
GIGLIOTTI, E. Z. TAYLOR, R. C. WRIGHT, BURD, REBER AND
CORRIGAN, MARCH 14, 1989
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, MARCH 14, 1989
AN ACT
1 Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2 act relating to the public school system, including certain
3 provisions applicable as well to private and parochial
4 schools; amending, revising, consolidating and changing the
5 laws relating thereto," increasing the amount of work of any
6 nature which can be performed on property owned by a school
7 district without advertising and without competitive bids;
8 and increasing the amount of furniture, equipment and
9 supplies that can be purchased without advertisement.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 751(a) and (b) of the act of March 10,
13 1949 (P.L.30, No.14), known as the Public School Code of 1949,
14 amended February 4, 1982 (P.L.1, No.1) and June 29, 1984
15 (P.L.438, No.93), are amended to read:
16 Section 751. Work to be Done Under Contract Let on Bids;
17 Exception.--(a) All construction, reconstruction, repairs,
18 maintenance or work of any nature, including the introduction of
1 plumbing, heating and ventilating, or lighting systems, upon any
2 school building or upon any school property, or upon any
3 building or portion of a building leased under the provisions of
4 section 703.1, made by any school district, where the entire
5 cost, value, or amount of such construction, reconstruction,
6 repairs, maintenance or work, including labor and material,
7 shall exceed [four thousand dollars ($4,000)] ten thousand
8 dollars ($10,000), shall be done under separate contracts to be
9 entered into by such school district with the lowest responsible
10 bidder, upon proper terms, after due public notice has been
11 given asking for competitive bids. Whenever a board of school
12 directors shall approve the use of a prefabricated unit,
13 complete in itself, for a school building or other proper
14 structure to be erected upon school property, the board of
15 school directors may have prepared appropriate specifications
16 detailing the size and material desired in a particular
17 prefabricated unit, including all utilities such as plumbing,
18 heating and ventilating, and electrical work, and may advertise
19 for a single bid on all the work and award the contract therefor
20 to the lowest responsible bidder: Provided, That if due to an
21 emergency a school plant or any part thereof becomes unusable
22 competitive bids for repairs or replacement may be solicited
23 from at least three responsible bidders, and upon the approval
24 of any of these bids by the Secretary of Education, the board of
25 school directors may proceed at once to make the necessary
26 repairs or replacements in accordance with the terms of said
27 approved bid or bids.
28 (b) The board of school directors in any school district may
29 perform any construction, reconstruction, repairs, or work of
30 any nature, where the entire cost or value, including labor and
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1 material, is less than five thousand dollars ($5000), by its own
2 maintenance personnel. [The board may have any such
3 construction, reconstruction, repairs, or work up to ten
4 thousand dollars ($10,000) performed by contract after
5 soliciting bids from at least three responsible bidders:
6 Provided, That the] The board of school directors in any school
7 district may authorize the secretary of the board or other
8 executive to award contracts for construction, reconstruction,
9 repairs, or work of any nature, where the entire cost or value,
10 including labor and material, is [four thousand dollars
11 ($4,000)] ten thousand dollars ($10,000) or less, without
12 soliciting competitive bids.
13 * * *
14 Section 2. Section 807.1 of the act, amended February 4,
15 1982 (P.L.1, No.1), is amended to read:
16 Section 807.1. Purchase of Supplies.--All furniture,
17 equipment, textbooks, school supplies and other appliances for
18 the use of the public schools, costing [four thousand dollars
19 ($4,000)] ten thousand dollars ($10,000) or more shall be
20 purchased by the board of school directors only after due
21 advertisement as hereinafter provided. Supplies costing [four
22 thousand dollars ($4,000)] ten thousand dollars ($10,000) or
23 more shall be purchased by the board of school directors only
24 after public notice has been given by advertisement once a week
25 for three (3) weeks in not less than two (2) newspapers of
26 general circulation. In any district where no newspaper is
27 published, said notice may, in lieu of such publication, be
28 posted in at least five (5) public places.
29 The board of school directors shall accept the bid of the
30 lowest responsible bidder, kind, quality, and material being
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1 equal, but shall have the right to reject any and all bids, or
2 select a single item from any bid. The board of school directors
3 in any district may authorize or appoint the secretary of the
4 board or other executive as purchasing agent for the district,
5 with authority to purchase supplies costing less than [four
6 thousand dollars ($4,000)] ten thousand dollars ($10,000).
7 The following shall be exempt from the above provisions:
8 maps, music, globes, charts, educational films, filmstrips,
9 prepared transparencies and slides, pre-recorded magnetic tapes
10 and disc recordings, textbooks, games, toys, prepared kits,
11 flannel board materials, flash cards, models, projectuals and
12 teacher demonstration devices necessary for school use.
13 Section 3. This act shall take effect in 60 days.
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