§ 53202. Regulation of contracts
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 53 P.S. Municipal and Quasi-Municipal CorporationsEffective: December 24, 2018
Effective: December 24, 2018
53 P.S. § 53202
§ 53202. Regulation of contracts
(a) All contracts or purchases of incorporated towns in excess of the base amount of eighteen thousand five hundred dollars, subject to adjustment under section 2.1,1 except those hereinafter mentioned, shall not be made except with and from the lowest responsible bidder, after due notice in one newspaper of general circulation published or circulated in the county in which the town is situated at least three times at intervals of not less than three days where daily newspapers of general circulation are available for such publication, and in case of weekly newspapers shall be published once a week for two successive weeks. The first advertisement shall be published not less than ten days prior to the date fixed for the opening of bids. The amount of the contract shall in all cases, whether of straight sale price, conditional sale, bailment lease or otherwise, be the entire amount which the town pays to the successful bidder or his assigns 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.
(b) The acceptance of bids shall only be made by public announcement at the meeting at which bids are received or at a subsequent meeting, the time and place of which shall be publicly announced when bids are received. If for any reason one or both of the above meetings shall not be held, the same business may be transacted at any subsequent meeting if at least five days notice thereof shall be published in the newspaper aforesaid.
(c) The successful bidder, when advertising is required herein, shall be required to furnish a bond, with suitable reasonable requirements guaranteeing the work to be done with sufficient surety in the amount of fifty per centum of the amount of the liability under the contract, within twenty days after the contract has been awarded, unless council shall prescribe a shorter period of not less than ten days, and upon failure to furnish such bond within such time the previous award shall be void. Deliveries, accomplishment and guarantees may be required in all cases of expenditures, including the exceptions herein.
(1) Those for maintenance, repairs or replacements for water, sewer, electric light or other public works of the incorporated town, provided they do not constitute new additions, extensions or enlargements of existing facilities and equipment, but a bond may be required by council as in other cases of work done.
(2) Those made for improvements, repairs and maintenance of any kind made or provided by any incorporated town through its own employes: Provided, That all materials used for street improvement, maintenance and/or construction in excess of the base amount of ten thousand dollars be subject to the relevant price quotation or advertising requirements contained herein and to adjustment under section 2.1.
(4) Those involving any policies of insurance or surety company bonds; those made for public utility service under tariffs on file with the Pennsylvania Public Utility Commission; those made with another political subdivision, or a county, the Commonwealth of Pennsylvania, the Federal Government, any agency of the Commonwealth or the Federal Government, or any municipal authority, including the sale, leasing or loan of any supplies or material by the Commonwealth or the Federal Government or their agencies. But the price thereof shall not be in excess of that fixed by the Commonwealth, the Federal Government, or their agencies.
(e) Every contract for the construction, reconstruction, alteration, repair, improvement or maintenance of public works shall comply with the provisions of the act of March 3, 1978 (No. 3),2 known as the “Steel Products Procurement Act.”
Credits
1953, May 27, P.L. 244, § 2. Amended 1968, June 25, P.L. 253, No. 120, § 1; 1970, May 6, P.L. 347, No. 113, § 1; 1976, Nov. 23, P.L. 1143, No. 247, § 1, effective in 60 days; 1978, Oct. 4, P.L. 1048, No. 241, § 1, effective in 60 days; 1981, Dec. 22, P.L. 542, No. 157, § 1, effective in 60 days; 1990, July 10, P.L. 392, No. 93, § 2, effective in 60 days; 1996, Dec. 18, P.L. 1140, No. 170, § 1, effective in 60 days; 2011, Nov. 3, P.L. 386, No. 93, § 1, imd. effective; 2018, Oct. 24, P.L. 888, No. 143, § 1, effective in 60 days [Dec. 24, 2018].
53 P.S. § 53202, PA ST 53 P.S. § 53202
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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