§ 657. Contracts; procurement and sale of property; competition in award of contracts
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 55 P.S. Navigation
55 P.S. § 657
§ 657. Contracts; procurement and sale of property; competition in award of contracts
(b) Except in the purchase of projects from a transportation organization, or in the purchase of unique articles, or articles which, for any other reason, cannot be obtained in the open market, and except as herein specifically provided, competitive bids shall be secured before any purchase or sale, by contract or otherwise, is made or before any contract is awarded for construction, alterations, supplies, equipment, repairs or maintenance or for rendering any services to the department other than professional services; and the purchase shall be made from or the contract shall be awarded to the lowest responsible bidder; or a sale to the highest responsible bidder. No purchase of any unique article or other articles which cannot be obtained in the open market shall be made without express approval of the secretary where the amount involved is in excess of $5,000.
(c) Except as herein specifically provided otherwise, all purchases and sales in excess of $5,000 shall be awarded after advertising in a newspaper of general circulation in the area where the property is to be used not less than two weeks prior to the bid opening. Bids shall be publicly opened and read aloud at a date, time and place designated in the invitation to bid. In all cases of purchases or sales in excess of $5,000 authorized hereunder to be made without competitive bidding except purchases from or sales to a transportation organization or contracts with a transportation company pursuant to subsection (a), invitations to bid shall be sent not less than one week prior to the bid opening to at least three potential bidders who are qualified technically and financially to submit bids, or in lieu thereof a memorandum shall be kept on file showing that less than three potential bidders so qualified exist in the market area within which it is practicable to obtain bids.
(e) Competitive bidding requirements may be waived if it is determined in such manner as the secretary may, by regulation, provide that an emergency directly and immediately affecting customer service, or public health, safety or welfare requires immediate delivery of supplies, materials, or equipment: Provided, however, That a record of circumstances explaining the emergency shall be submitted to the secretary and kept on file.
(f) Contracts for the sale or lease of property owned by the department shall be awarded after competitive bidding as shown in subsection (c), except where a contract is entered into with any political subdivision or agency or instrumentality of the Commonwealth, transportation organization, transportation company, or Federal agency.
(h) The department shall have the right to reject any or all bids or parts of any or all bids, whenever, in the opinion of the secretary, such rejection is necessary for the protection of the interest of the Commonwealth. In every such case, a record shall be made, setting forth the reason for such rejection which record shall thereafter be kept on file.
Credits
1976, Feb. 11, P.L. 14, No. 10, § 7, imd. effective. Amended 1984, June 28, P.L. 436, No. 92, § 1, imd. effective. Affected 1984, July 5, P.L. 587, No. 119, § 12, effective in 60 days.
55 P.S. § 657, PA ST 55 P.S. § 657
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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