Header:
PENNSYLVANIA STATUTES
TITLE 16. COUNTIES
CHAPTER 2. SECOND CLASS COUNTY CODE
ARTICLE XX. CONTRACTS
Date:
08/31/2009
Document:
§ 5001. County Commissioners to make contracts
The County Commissioners may make contracts for lawful purposes and for the purposes of carrying into execution the provisions of this section and the laws of the Commonwealth.
(a) Except as provided in subsection (a.1), all contracts or purchases in excess of ten thousand dollars ($ 10,000) shall be in writing and, except those hereinafter mentioned and except as provided by the act of October 27, 1979 (P.L. 241, No. 78), entitled "An act authorizing political subdivisions, municipality authorities and transportation authorities to enter into contracts for the purchase of goods and the sale of real and personal property where no bids are received," shall not be made except with and from the lowest responsible and responsive bidder meeting specifications, after due notice in at least one newspaper of general circulation, published or circulating in the county at least two (2) times, at intervals of not less than three (3) days where daily newspapers of general circulation are employed for such publication, or in case weekly newspapers are employed, then the notice shall be published once a week for two (2) successive weeks. The first advertisement shall be published not less than ten (10) days prior to the date fixed for the opening of bids.
(a.1) The requirements of this subsection need not be followed in cases of emergency, but in such cases the actual emergency shall be declared and stated by resolution of the commissioners.
(b) The acceptance of all bids shall be by the controller. They shall be opened publicly at a time and place to be designated in the notice. All the figures shall be announced publicly by the chief clerk or his designee and referred to the appropriate departments for tabulation without the presence of the commissioners. Whenever, for any reason, the bid openings shall not be held, the same business may be transacted at a subsequent meeting, the time and place of which shall have been announced at the previous meeting held for such openings. The contract shall be awarded or all bids shall be rejected within thirty (30) days of the opening of the bids, except for bids subject to 62 Pa.C.S. (relating to procurement). Thirty-day extensions of the date for the award may be made by the mutual written consent of the commissioners and any bidder who wishes to remain under consideration for award. The commissioners shall excuse from consideration any bidder not wishing to agree to a request for extension of the date for the award and shall release such bidder from any bid bond or similar bid security furnished under subsection (b.1). All contracts shall be filed with the controller or with the chief clerk, as the case may be, immediately after their execution.
(b.1) All bids shall if required by the commissioners be accompanied by cash, a certified check, cashier's check, bank good faith check or irrevocable letter of credit in a reasonable amount drawn upon a bank authorized to do business in the Commonwealth or by a bond with corporate surety in a reasonable amount. In the event any bidder shall, upon award of the contract to him, fail to comply with the requirements hereinafter stated as to security guaranteeing the performance of the contract, or fail or refuse to enter into a contract, or otherwise fail or refuse to render the required services, the security furnished under this subsection shall be forfeited to the county as liquidated damages, and the contract subsequently may be awarded to the next lowest bidder, who shall manifest his acceptance of such contract by giving a good faith deposit in the amount and manner set forth in this subsection on or before the third day after the award of the contract to such bidder and otherwise comply with the provisions of this section.
(b.2) The amount or price of the contract shall, in all cases whether of straight sale price, conditional sale, lease, lease purchase or otherwise, be the entire amount which the county pays to the successful bidder or his assigns, plus the value of personal property transferred from the county to the bidder or his assigns at any time during the duration of the contract, in order to obtain the services or property, or both, and shall not be construed to mean only the amount which is paid to acquire title or to receive any other particular benefit or benefits of the whole bargain. The value of personal property transferred to the bidder or his assigns upon execution of the contract shall be specified in the bid. The method of determining the value of personal property transferred to the bidder or his assigns at a time during the duration of the contract shall be specified in the bid and shall be determined using generally accepted valuation methods.
(c) The successful bidder, when a formal bid is required herein, shall be required to furnish a bond or irrevocable letter of credit or other security in an amount sufficient to the commissioners guaranteeing performance of the contract within thirty (30) days after the contract has been awarded, unless the commissioners shall prescribe a shorter period or unless the commissioners shall waive the bond requirement in the bid specification. The successful bidder for a contract which involves the construction, erection, installation, completion, alteration, repair of or addition to any public work or improvement of any kind shall furnish security as provided in section 2518 Performance security for services and contracts for labor and materials delivered on a periodic basis, including, but not limited to, food service contracts, home health services and janitorial services and supplies, may be computed on the expected average value for one or more months at the discretion of the commissioners. Upon failure to furnish any required bond within such time, the previous awards shall be void and the commissioners may award the contract to the next lowest bidder. Deliveries, performances, accomplishment and guarantees may be required in all cases of expenditures, including the exceptions herein.
(d) The contracts or purchases made by the commissioners involving an expenditure of over ten thousand dollars ($ 10,000) which shall not require advertising or bidding as hereinbefore provided are as follows:
(1) Those for maintenance, repairs or replacements for water, electric light, or other public works: Provided, That they do not constitute new additions, extensions or enlargements of existing facilities and equipment. Security may be required by the county commissioners as in other cases of work done.
(2) Those made for improvements, repairs and maintenance of any kind made or provided by the county through its own employes. This paragraph shall not apply to construction materials used in a street improvement.
(3) Those where particular types, models or pieces of new equipment, articles, apparatus, appliances, vehicles or parts thereof are desired by the county commissioners, which are patented and manufactured products or copyrighted products.
(4) Those involving any policies of insurance or surety company bonds, those made for public utility service and electricity, natural gas or telecommunication services: Provided, That, in the case of utilities not under tariffs on file with the Pennsylvania Public Utility Commission, contracts made without advertising and bidding shall be made only after receiving written or telephonic price quotations from at least three (3) qualified and responsible contractors, or in lieu of price quotations a memorandum shall be kept on file showing that fewer than three (3) qualified contractors exist in the market area within which it is practicable to obtain quotations. A written record of telephonic price quotations shall be made and contain at least the date of the quotation, the name of the contractor and the contractor's representative.
(5) Those involving personal or professional services, including, but not limited to, services of members of the medical or legal profession, registered architects, engineers, certified public accountants or other personal services involving professional expertise.
(6) Those involving tangible client services provided by nonprofit agencies. For the purposes of this clause, the term "tangible client services" shall mean congregate meals, home-delivered meals, transportation and chore services provided through area agencies on aging.
(6.1) Those involving contracts entered into by nonprofit cooperative hospital service associations for hospitals and nursing homes which are part of the institutional district or which are owned by the county, operated by the county or affiliated with the county by the purchasing of or participating in contracts for materials, supplies and equipment.
(7) Those involving the purchase of milk.
(8) Those made with any public body, including, but not limited to, the sale, lease or loan of any supplies or materials to the county by a public body, provided that the price thereof shall not be in excess of that fixed by the public body. The requirements of 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation) shall not apply when a county purchases cooperatively with another public body which has entered into a contract for supplies or materials. As used in this paragraph, "public body" shall mean any of the following:
(i) the Federal Government;
(ii) the Commonwealth of Pennsylvania;
(iii) any other state;
(iv) a political subdivision, local or municipal authority or other similar local entity of the Commonwealth or any other state; or
(v) an agency of the Federal Government, the Commonwealth or any other state.
(9) Those exclusively involving construction management services.
(10) Those involving computer software.
(d.1) Notwithstanding the provisions of this article to the contrary, the county commissioners shall have authority to enter into contracts for equipment and services related to technology and information systems on the basis of best value procurement. Contracts under best value procurement shall be made only after the county has solicited proposals based on performance and outcome specifications developed by the county and describing at minimum the objectives to be met by the system, the tasks to be performed by the system, the users of the system, system security issues, the time frame for system implementation, potential operating technologies, compatibility with existing systems, training and maintenance and shall indicate the process by which the contract shall be awarded. Best value procurement shall not require a sealed bid process and shall permit the commissioners to negotiate the terms of the agreement with any responsive and responsible vendor.
(e) Every contract subject to this article shall comply, as applicable, with the provisions of:
(1) The act of August 15, 1961 (P.L. 987, No. 442), known as the " Pennsylvania Prevailing Wage Act."
(2) The act of December 20, 1967 (P.L. 869, No. 385), known as the "Public Works Contractors' Bond Law of 1967.
(3) The act of January 23, 1974 (P.L. 9, No. 4), referred to as the Public Contract Bid Withdrawal Law."
(4) The act of March 3, 1978 (P.L. 6, No. 3), known as the "Steel Products Procurement Act".
(5) The act of February 17, 1994 (P.L. 73, No. 7), known as the " Contractor and Subcontractor Payment Act."
(6) 62 Pa.C.S. Chs. 37 Subch. B (relating to motor vehicles), 39 (relating to contracts for public works) and 45 (relating to antibid-rigging).
(f) No person, consultant, firm or corporation contracting with a county for purposes of rendering personal or professional services to the county shall share with any county officer or employe, and no county officer or employe shall accept, any portion of the compensation or fees paid by the county for the contracted services provided to the county except under the following terms or conditions:
(1) Full disclosure of all relevant information regarding the sharing of the compensation or fees shall be made to the board of commissioners.
(2) The board of commissioners must approve the sharing of any fee or compensation for personal or professional services prior to the performance of said services.
(3) No fee or compensation for personal or professional services may be shared except for work actually performed.
(4) No shared fee or compensation for personal or professional services may be paid at a rate in excess of that commensurate for similar personal or professional services.
(g) (1) The board of commissioners may, in its sole discretion, elect to use an alternative contracting procedure to achieve the adaptive reuse of former jail facilities. If the board of commissioners elects to utilize an alternative contracting procedure, the board shall adopt a resolution that the use of an alternative contracting procedure is the most efficient, economical and timely method to secure an adaptive reuse of former jail facilities. Upon adoption of a resolution, the board of commissioners shall request written proposals from proposers for the adaptive reuse of former jail facilities under an alternative contracting method. In its request for proposals, the board shall include such terms, conditions and requirements which it deems necessary to protect the interests of the county.
(2) In reviewing and evaluating the proposals for the adaptive reuse of former jail facilities, the board of commissioners shall, in addition to compliance with the terms, conditions and requirements set forth in the request for proposals, consider the following criteria:
(i) the cost of the proposer's adaptive reuse proposal;
(ii) experience of the proposer;
(iii) preservation of the distinct architectural design and integrity of the former jail facilities;
(iv) adherence to prevailing wage laws and other work force standards;
(v) commitment to enter into voluntary contract with disadvantaged business enterprises.
After due consideration of proposals under the criteria described above, the board of commissioners may, in its discretion, select a proposal and award a contract to a responsible proposer for the adaptive reuse of former jail facilities under an alternative contracting procedure. The award of a contract for the adaptive reuse of former jail facilities need not be awarded to the lowest bidder.
(3) Any contract for the adaptive reuse for former jail facilities awarded under this subsection shall be exempt from and not be subject to sections 2517 and 2520 of this act or the act of May 1, 1913 (P.L.155, No.104) , entitled "An act regulating the letting of certain contracts for the erection, construction, and alteration of public buildings."
(4) As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Adaptive reuse." The alteration, renovation, remodeling, modification or reconstruction of former jail facilities for reuse as courtrooms, office space or such other facilities and uses as the board of commissioners shall from time to time deem necessary and appropriate.
"Alternative contracting procedure." A procedure under which a proposer would be responsible for all aspects or phases necessary to achieve the development of a parcel of property. Such aspects or phases of development shall include, but not necessarily be limited to, the planning, design, finance, construction and management of property. The term " alternative contracting procedure" shall be similar in all respects to the commonly understood term in the real estate development and construction industry known as a "turnkey."
"Former jail facilities." A building or group of buildings with related facilities owned by a county of the second class which are more than one hundred years old and which were previously used as jail facilities.
"Proposer." A firm, organization or company or a combination of firms, organizations or companies acting as a partnership, joint venture, consortium or similar joint relationship with sufficient knowledge, expertise and experience in the areas of architectural design, construction, financing of real estate development or construction and real estate management.
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