PRINTER'S NO. 150
No. 158 Session of 1999
INTRODUCED BY HOLL, JANUARY 13, 1999
REFERRED TO STATE GOVERNMENT, JANUARY 13, 1999
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," extending contract 21 piggybacking to private academic schools, private residential 22 rehabilitative institutions, approved private schools and 23 nonprofit literacy councils. 24 The General Assembly of the Commonwealth of Pennsylvania 25 hereby enacts as follows: 26 Section 1. Section 2403(h) of the act of April 9, 1929 27 (P.L.177, No.175), known as The Administrative Code of 1929, 28 amended June 27, 1977 (P.L.24, No.17), is amended to read:
1 Section 2403. Standards and Purchases.--The Department of 2 General Services shall have the power, and its duty shall be: 3 * * * 4 (h) To permit subject to such terms and conditions as the 5 Department of General Services may, and as hereinafter 6 specifically provided, shall, prescribe, any political 7 subdivision or authority created by a political subdivision, the 8 State Public School Building Authority or any private college or 9 university to participate in or purchase off purchase contracts 10 for materials, supplies and equipment entered into by the 11 department. Any political subdivision or authority desiring to 12 participate in such purchase contracts shall file with the 13 Department of General Services a certified copy of an ordinance 14 or resolution of its governing body or in the case of a private 15 college or university, an affidavit signed by the president of 16 the college or university or his designee requesting that it be 17 authorized to participate in purchase contracts of the 18 department and agreeing that it will be bound by such terms and 19 conditions as the department may, and as hereinafter 20 specifically provided, shall, prescribe and that it will be 21 responsible for payment directly to the vendor under each 22 purchase contract. Any other administrative department 23 authorized to make direct purchases of materials, supplies and 24 equipment may similarly permit political subdivisions or 25 authorities or any private college or university to participate 26 in or purchase off purchase contracts entered into by such 27 department. Among such terms and conditions, the department 28 shall prescribe that all prices shall be F.O.B. destination. 29 Political subdivisions and authorities and private colleges and 30 universities shall be exempt from existing statutory 19990S0158B0150 - 2 -
1 requirements governing competitive bidding and execution of 2 contracts with respect to the purchase of materials, supplies 3 and equipment under this section. Nonprofit fire companies, 4 nonprofit rescue companies, and nonprofit ambulance companies, 5 private academic schools as defined in section 2 of the act of 6 January 28, 1988 (P.L.24, No.11), known as the "Private Academic 7 Schools Act," private residential rehabilitative institutions as 8 defined in section 914.1-A of the act of March 10, 1949 (P.L.30, 9 No.14), known as the "Public School Code of 1949," approved 10 private schools as defined in section 1376 of the "Public School 11 Code of 1949," and nonprofit literacy councils established under 12 the act of October 22, 1986 (P.L.1452, No.143), known as the 13 "Adult Literacy Act," may submit their requests for the 14 purchases of materials, supplies and equipment to the 15 subdivision in which they are located for inclusion in [the] 16 participation [thereof] in purchase contracts entered into by 17 the department. Any such [company's] requests may be included by 18 such political subdivisions if accompanied by the agreement of 19 the [company] entity making the request that it will be bound by 20 the terms and conditions prescribed by the political subdivision 21 and that it will be responsible for payment directly to the 22 vendor under each purchase contract. 23 * * * 24 Section 2. This act shall take effect in 60 days. A7L71BIL/19990S0158B0150 - 3 -