PRINTER'S NO. 1438
No. 1241 Session of 2001
INTRODUCED BY O'BRIEN, THOMAS, BELARDI, BELFANTI, BENNINGHOFF,
CALTAGIRONE, CAPPELLI, CAWLEY, CLARK, COLAFELLA, CORRIGAN,
COSTA, CRUZ, CURRY, DAILEY, DeLUCA, FRANKEL, FREEMAN, GEORGE,
GRUCELA, HARHAI, HENNESSEY, HERMAN, HERSHEY, HESS, HORSEY,
HUTCHINSON, JOSEPHS, KELLER, KIRKLAND, MAHER, McCALL, McGILL,
McILHATTAN, McNAUGHTON, MELIO, ORIE, PETRARCA, PIPPY,
PISTELLA, PRESTON, READSHAW, ROSS, RUBLEY, SANTONI, SATHER,
SCHRODER, SHANER, STABACK, STEELMAN, T. STEVENSON,
E. Z. TAYLOR, TRELLO, TRICH, WALKO, WATSON, WILT, YOUNGBLOOD
AND YUDICHAK, APRIL 2, 2001
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 2, 2001
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," further providing for
21 standards and purchases.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
1 Section 1. Section 2403(h) of the act of April 9, 1929
2 (P.L.177, No.175), known as The Administrative Code of 1929,
3 amended June 27, 1977 (P.L.24, No.17), is amended to read:
4 Section 2403. Standards and Purchases.--The Department of
5 General Services shall have the power, and its duty shall be:
6 * * *
7 (h) To permit subject to such terms and conditions as the
8 Department of General Services may, and as hereinafter
9 specifically provided, shall, prescribe, any political
10 subdivision or authority created by a political subdivision, the
11 State Public School Building Authority or any private college or
12 university to participate in or purchase off purchase contracts
13 for materials, supplies and equipment entered into by the
14 department. Any political subdivision or authority desiring to
15 participate in such purchase contracts shall file with the
16 Department of General Services a certified copy of an ordinance
17 or resolution of its governing body or in the case of a private
18 college or university, an affidavit signed by the president of
19 the college or university or his designee requesting that it be
20 authorized to participate in purchase contracts of the
21 department and agreeing that it will be bound by such terms and
22 conditions as the department may, and as hereinafter
23 specifically provided, shall, prescribe and that it will be
24 responsible for payment directly to the vendor under each
25 purchase contract. Any other administrative department
26 authorized to make direct purchases of materials, supplies and
27 equipment may similarly permit political subdivisions or
28 authorities or any private college or university to participate
29 in or purchase off purchase contracts entered into by such
30 department. Among such terms and conditions, the department
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1 shall prescribe that all prices shall be F.O.B. destination.
2 Political subdivisions and authorities and private colleges and
3 universities shall be exempt from existing statutory
4 requirements governing competitive bidding and execution of
5 contracts with respect to the purchase of materials, supplies
6 and equipment under this section. Nonprofit fire companies,
7 nonprofit rescue companies, [and] nonprofit ambulance companies
8 and qualified tax exempt organizations may submit their requests
9 for the purchases of materials, supplies and equipment to the
10 subdivision in which located for inclusion in the participation
11 thereof in purchase contracts entered into by the department.
12 Any such company's or organization's requests may be included by
13 such political subdivisions if accompanied by the agreement of
14 the company making the request that it will be bound by the
15 terms and conditions prescribed by the political subdivision and
16 that it will be responsible for payment directly to the vendor
17 under each purchase contract. For the purposes of this
18 subsection, "qualified tax-exempt organization" shall mean an
19 organization which is exempt from Federal taxation under section
20 501(c)(3) of the Internal Revenue Code of 1986 (Public Law 99-
21 514, 26 U.S.C. § 1 et seq.) and which derives at least sixty-
22 five per centum (65%) of its income from Federal, State and
23 local governmental sources. It shall be the duty of the
24 political subdivision in which the organization's principal
25 office is located to verify to its satisfaction the eligibility
26 of a qualified tax-exempt organization to participate in this
27 program.
28 * * *
29 Section 2. This act shall take effect in 60 days.
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