16 Pa.C.S. Ch. 151

16 Pa.C.S. Ch. 151
in effect

16 Pa.C.S. § 15100 Contracting.

The county commissioners may make contracts for lawful purposes and for executing the provisions of this chapter and the laws of this Commonwealth.

16 Pa.C.S. § 15101 Commissioners sole contractors for county generally.

(a) Contracts for services and personal property.--In counties of the third, fourth, fifth, sixth, seventh or eighth class, the county commissioners shall contract for and purchase the services referred to in section 12508 (relating to office supplies) and personal property for county officers and agencies. A contract and purchase not in excess of the base amount of $18,500, subject to adjustment under subsection (c), shall be by note or memorandum, in writing, signed by the county commissioners or their designees. A copy of the note and memorandum and the executed written contract, or electronic copy of the executed written contract, shall be filed in the office of the controller or, in a county without a controller, with the chief clerk of the county commissioners. (b) Price quotations.-- (1) Except as otherwise provided in section 15102(h)(4) (relating to contract procedures, terms and bonds and advertising for bids), for counties of the third, fourth, fifth, sixth, seventh or eighth class, written or telephonic price quotations from at least three qualified and responsible contractors shall be requested for the contracts in excess of the base amount of $10,000, subject to adjustment under subsection (c), but less than the amount requiring advertisement and competitive bidding. In lieu of price quotations, a memorandum shall be kept on file showing that fewer than three qualified contractors exist in the market area within which it is practicable to obtain quotations. (2) A written record of telephonic price quotations shall be made and shall contain at least: (i) the date of the quotation; (ii) the name of the contractor and the contractor's representative; (iii) the construction, reconstruction, repair, maintenance or work which was the subject of the quotation; and (iv) the price. (3) Written price quotations, written records of telephonic price quotations and memoranda shall be retained for a period of three years. (c) Adjustments to base amounts.--Adjustments to the base amounts specified under subsections (a) and (b) shall be made as follows: (1) The Department of Labor and Industry shall determine the percentage change in the Consumer Price Index for All Urban Consumers: All Items (CPI-U) for the United States City Average as published by the United States Department of Labor, Bureau of Labor Statistics, for the 12-month period ending September 30, 2012, and for each successive 12-month period thereafter. (2) If the department determines that there is no positive percentage change, no adjustment to the base amounts shall occur for the relevant time period provided for in this subsection. (3) If the department determines that there is a positive percentage change in the first year that the determination is made under paragraph (1): (i) the positive percentage change shall be multiplied by each base amount, and the products shall be added to the base amounts, respectively, and the sums shall be preliminary adjusted amounts; and (ii) the preliminary adjusted amounts shall be rounded to the nearest $100 to determine the final adjusted base amounts for purposes of subsections (a) and (b). (4) In each successive year in which there is a positive percentage change in the CPI-U for the United States City Average: (i) the positive percentage change shall be multiplied by the most recent preliminary adjusted amounts and the products shall be added to the preliminary adjusted amount of the prior year to calculate the preliminary adjusted amounts for the current year; and (ii) the sums shall be rounded to the nearest $100 to determine the new final adjusted base amounts for purposes of subsections (a) and (b). (5) The determinations and adjustments required under this subsection shall be made in the period between October 1 and November 15 of the year following November 3, 2011, and annually between October 1 and November 15 of each year thereafter. (6) The final adjusted base amounts and new final adjusted base amounts obtained under paragraphs (3) and (4) shall become effective January 1 for the calendar year following the year in which the determination required under paragraph (1) is made. (7) The department shall transmit notice to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin prior to January 1 of each calendar year of the annual percentage change determined under paragraph (1) and the unadjusted or final adjusted base amounts determined under paragraphs (3) and (4) at which competitive bidding is required under subsection (a) and written or telephonic price quotations are required under subsection (b), respectively, for the calendar year beginning January 1 after publication of the notice. The notice shall include a written and illustrative explanation of the calculations performed by the department in establishing the unadjusted or final adjusted base amounts under this subsection for the ensuing calendar year. (8) The annual increase in the preliminary adjusted base amounts obtained under paragraphs (3) and (4) may not exceed 3%. (d) Wholesale purchases.--The county commissioners shall, if possible, anticipate the needs of the various officers, agencies and operations of the county and endeavor to purchase in wholesale quantities, if practicable and if savings could be achieved by wholesale purchase. (e) Purposes of contracts and purchases.--The county commissioners may make contracts and purchases for all purposes expressly or impliedly authorized by law. Cross References. Section 15101 is referred to in sections 15102, 15103, 16117, 17315, 17345 of this title.

16 Pa.C.S. § 15102 Contract procedures, terms and bonds and advertising for bids.

(a) Contract requirements.--A contract for services and personal property in which the base amount of the contract exceeds the sum of $18,500, subject to adjustment under section 15101(c) (relating to commissioners sole contractors for county generally), shall be in writing and shall, except as otherwise specified, be made by advertising for bids. (b) Bids.-- (1) Contracts or purchases in excess of the base amount of $18,500, subject to adjustment under section 15101(c), except those specified in subsection (h) 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 services, the purchase of goods and the sale of real and personal property where no bids are received," must be made: (i) with and from the lowest responsible and responsive bidder submitting a bid in conformity with the specifications approved by the county commissioners for the contract or purchase; (ii) after due notice in one newspaper of general circulation, published or circulating in the county: (A) at least two times at intervals of not less than three days where daily newspapers of general circulation are employed for such publication; or (B) once a week for two successive weeks where weekly newspapers are employed. (2) The first notice under paragraph (1)(ii) shall be published not less than 10 days prior to the date fixed for the opening of bids. (3) The requirements of this subsection need not be followed in cases of emergency, but in emergency cases the actual emergency shall be declared and stated by resolution of the county commissioners. (c) Receipt and opening of bids.--All bids shall be received by the controller or, for a county without a controller, by the chief clerk of the county commissioners, in sealed envelopes. The following apply: (1) For a county of the second class A, bids shall be opened publicly at a time and place to be designated in the advertisement for bids. The figures shall be announced publicly by the chief clerk or the chief clerk's designee and referred to the appropriate departments for tabulation without the presence of the county commissioners. (2) For a county of the third, fourth, fifth, sixth, seventh or eighth class, bids shall be opened publicly at a time and place specified in the advertisement for bids, in the presence of the controller or chief clerk, as the case may be, by the county commissioners or their designee. The controller or the chief clerk shall keep a record of the bids. (d) Entire amount.-- (1) The amount or price of the contract shall be the entire amount which the county pays to the successful bidder or the bidder's assigns less the value of personal property transferred from the county to the bidder or the bidder's assigns at any time during the duration of the contract, in order to obtain the services or property, or both. The amount of the contract may not be construed to mean only the amount that is paid to acquire title or to receive any other particular benefit of the whole bargain. (2) The value of personal property transferred to the bidder or the bidder's 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. (e) Acceptance of bids.-- (1) The acceptance of bids by advertising required under this section shall be made by the controller, for a county of the second class A, or by the county commissioners, for a county of the third, fourth, fifth, sixth, seventh or eighth class. The acceptance of bids shall only be made by public announcement at the meeting at which bids are opened, or at a subsequent meeting, the time and place of which shall be publicly announced when bids are opened. If for any reason the award is not made at either of the meetings, the same business may be transacted at any subsequent meeting, the time and place of which shall have been announced at the previous meeting held for the award. (2) The contract shall be awarded, or the bids shall be rejected, within 30 days of the opening of the bids, except for bids subject to 62 Pa.C.S. (relating to procurement). A 30-day extension of the date for the award may be made by the mutual written consent of the county commissioners and any bidder that wishes to remain under consideration for award. The county 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 the bidder from any bid bond or similar bid security furnished under subsection (f). (3) A contract shall be filed with the controller, or with the chief clerk as the case may be, immediately after the execution. (f) Security permitted.--The county commissioners may require, as a necessary condition of considering a bid, that any bids advertised be accompanied by a cashier's check or other irrevocable letter of credit in a reasonable amount drawn upon a bank authorized to do business in this Commonwealth or by a bond with corporate surety in a reasonable amount. In the event a bidder shall, upon award of the contract to the bidder, fail to comply with the requirements of subsection (g) as to security guaranteeing the performance of the contract, the security furnished under this subsection shall be forfeited to the county as liquidated damages. (g) Security required.--If a formal bid is required by this chapter, the successful bidder may be required to furnish a bond or irrevocable letter of credit or other security in an amount sufficient to the county commissioners guaranteeing performance of the contract within 30 days after the contract has been awarded, unless the county commissioners prescribe a shorter period. 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 16118 (relating to contract performance security and payment bonds). Performance security for services and contracts for labor and materials delivered on a periodic basis, including 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 county commissioners. Upon failure to furnish the security within the time fixed, the previous awards shall be void. Deliveries, performances and guarantees may be required in all cases of expenditures, including the exceptions under subsection (h). (h) Exceptions.--Contracts or purchases made by the county commissioners for the following may not require advertising, bidding or price quotations: (1) Maintenance, repairs or replacements for water, electric light or other public works if not new additions, extensions or enlargements of existing facilities and equipment. Security may be required by the county commissioners as in other cases for work done. (2) Improvements, repairs and maintenance, made or provided by the county through its own employees. This paragraph does not apply to construction materials used in a street improvement. (3) Particular types, models or pieces of new equipment, articles, apparatus, appliances, vehicles or parts thereof requested by the county commissioners, which are patented and manufactured or copyrighted products. (4) Policies of insurance or surety company bonds. (5) Public utility service and electricity, natural gas or telecommunication services, provided that, for utilities not under tariff with the Pennsylvania Public Utility Commission, contracts made without advertising and bidding shall be made only after receiving written or telephonic price quotations in accordance with the procedures specified in section 15101(b). (6) Services of members of the medical or legal profession, registered architects, engineers, certified public accountants or other personal services involving professional expertise. (7) Materials, supplies and equipment 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. (8) Tangible client services provided by nonprofit agencies. For the purposes of this paragraph, the term "tangible client services" shall mean congregate meals, home-delivered meals, transportation or chore services provided through area agencies on aging. (9) The sale, lease or loan of supplies or materials to the county by a public body if the price is not in excess of that fixed by the public body. The requirements of 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation) may not apply when a county purchases cooperatively with another public body that has entered into a contract for supplies or materials. As used in this paragraph, the term "public body" shall mean any of the following: (i) the Federal Government; (ii) the Commonwealth; (iii) any other state; (iv) a political subdivision, local or municipal authority, council of government, entity created in accordance with 53 Pa.C.S. Ch. 23 Subch. A 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. (10) The purchase of milk for counties of the second class A. (11) Construction management services. (12) Computer software. (i) Contracts for technology and information systems.-- (1) Notwithstanding the provisions of this chapter 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. (2) 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: (i) the objectives to be met by the system; (ii) the tasks to be performed by the system; (iii) the users of the system; (iv) system security issues; (v) the time frame for system implementation; (vi) potential operating technologies; (vii) compatibility with existing systems; (viii) training and maintenance; and (ix) the process by which the contract shall be awarded. (3) Best value procurement may not require a sealed bid process and shall permit the county commissioners to negotiate the terms of the agreement with any responsive and responsible vendor. (j) Other acts.--A contract subject to this chapter 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). (k) Shared fees and compensation.--Individuals, consultants, firms or corporations contracting with a county for purposes of rendering personal or professional services to the county may not share with a county officer or employee, and county officers or employees may not 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 county commissioners. (2) The county commissioners must approve the sharing of any fee or compensation for personal or professional services prior to the performance of the services. (3) Fees or compensation for personal or professional services may not be shared except for work actually performed. (4) Shared fees or compensation for personal or professional services may not be paid at a rate in excess of that commensurate for similar personal or professional services. (l) Electronic bidding.--Nothing in this part shall be construed as prohibiting a county from electronic bidding to the extent authorized by 62 Pa.C.S. Ch. 46 (relating to electronic bidding by local government units). Special Provisions in Appendix. See section 6(3) of Act 14 of 2024 in the appendix to this title for special provisions relating to continuation of prior law. Cross References. Section 15102 is referred to in sections 15101, 15103, 15106 of this title.

16 Pa.C.S. § 15103 Evasion of advertising requirements.

(a) Prohibition.-- (1) No commissioner may evade the provisions of section 15102 (relating to contract procedures, terms and bonds and advertising for bids) for advertising for bids or purchasing or contracting for services and personal properties piece-meal, for the purpose of obtaining prices under the base amount of $18,500, subject to adjustment under section 15101(c) (relating to commissioners sole contractors for county generally), upon transactions which should, in the exercise of reasonable discretion and prudence, be conducted as one transaction amounting to more than the base amount of $18,500, subject to adjustment under section 15101(c). This paragraph is intended to make unlawful the practice of evading advertising requirements by making a series of purchases or contracts each for less than the advertising requirement price, or by making several simultaneous purchases or contracts each below that price, if in either case the transaction involved should have been made as one transaction for one price. (2) Commissioners who vote in violation of this provision and who know that the transaction upon which the commissioners so vote is or should be a part of a larger transaction and that it is being divided in order to evade the requirements as to advertising for bids shall be, jointly and severally, subject to surcharge for any loss sustained. (3) If it appears that a county commissioner may have voted in violation of this section, but the purchase or contract on which a county commissioner voted was not approved by the board of commissioners, this section shall be inapplicable. (b) Criminal offense.--Each county commissioner who votes to unlawfully evade section 15102 and who knows that the transaction is or should be a part of a larger transaction and that it is being divided in order to evade the requirements as to advertising for bids commits a misdemeanor of the third degree for each contract entered into as a direct result of that vote. This penalty shall be in addition to any surcharge that may be assessed under subsection (a).

16 Pa.C.S. § 15105 Sales of personal property and surplus farm products.

(a) General rule.--Personal property and surplus farm products of the county may not be disposed of by sale or otherwise, except upon resolution of the county commissioners. (b) Small lots.--If the county commissioners approve a sale of the property or farm products, the commissioners shall estimate the sale value of the entire lot to be disposed of, and, if the estimate is less than $2,000, the commissioners shall require notice of the proposed sale to be posted, for at least 10 days, in a prominent place in the courthouse, describing and itemizing the property to be sold, and directing that bids may be made at the office of the chief clerk of the county commissioners. After the notice period, the county commissioners may sell the property in whole or in part for the best price or prices obtainable. (c) Large lots.--If the county commissioners estimate the sale value of the personal property or of the surplus farm products to be sold at $2,000 or more, the entire lot shall be advertised for sale, once, in at least one newspaper of general circulation in the county, and sale of the property advertised shall be made to the highest and best bidder. The bids may not be opened until at least 10 days after the advertisement. (d) Auctions.--The county commissioners may sell any property at auction, but the notice contained in this section shall be likewise observed as to the holding of auction sales. (e) Exceptions.--The provisions of this section may not be mandatory if county property is to be traded in or exchanged for new personal property. The provisions of this section may not apply to sale of personal property with real property as a single unit under section 16106.1 (relating to authority to sell certain property as a single unit). (f) Electronic auctions.--A public auction of personal property may be conducted by means of an online or electronic auction sale. During an electronic auction sale, bids shall be accepted electronically at the time and in the manner designated in the advertisement. During the electronic auction, each bidder shall have the capability to view the bidder's bid rank or the high bid price. Bidders may increase bid prices during the electronic auction. The record of the electronic auction shall be accessible as a public record under the provisions of the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. The purchase price shall be paid by the high bidder immediately or at a reasonable time after the conclusion of the electronic auction as determined by the county commissioners. In the event that shipping costs are incurred, the shipping costs shall be paid by the high bidder. A county that has complied with the advertising requirements of this section may provide additional notice of the sale by bids or public auction in any manner deemed appropriate by the county commissioners. The advertisement for electronic auction sales authorized in this subsection shall include the publicly accessible Internet website of, or means of accessing, the electronic auction and the date, time and duration of the electronic auction.

16 Pa.C.S. § 15106 Conflicts of interest prohibited.

(a) General rule.--Except as provided in subsection (b), restrictions on the involvement of elected and appointed county officers in a county contract shall be as prescribed in 65 Pa.C.S. Ch. 11 (relating to ethics standards and financial disclosure) and the limitations and procedures under section 15102(k) (relating to contract procedures, terms and bonds and advertising for bids). (b) Architects and engineers and criminal offense.--Notwithstanding subsection (a), the following shall apply: (1) It shall be unlawful for an architect or engineer employed by a county of the second class A and engaged in the preparation of plans, specifications or estimates, to bid or negotiate on any public work contracted by the county, except that an architect or engineer who prepared preliminary plans only may bid on or negotiate the final contract for the work. (2) It shall be unlawful for the officers of a county of the second class A charged with the duty of contracting for public work, to award a contract to an architect or engineer, employed by the county who is interested in a contract for public work for the county or for any architect or engineer to receive any remuneration or gratuity from any person interested in the contract except as provided under section 15102(k). (3) A person violating any of the provisions of paragraph (1) or (2) commits a misdemeanor in office and, upon conviction, shall forfeit the office and be sentenced to pay a fine not exceeding $500 or to imprisonment for not more than six months, or both. Cross References. Section 15106 is referred to in section 14950 of this title.

16 Pa.C.S. § 15107 Application of contract provisions.

The provisions of this chapter shall apply to all of the contractual powers of the county commissioners contained in this part, or other laws not inconsistent with this chapter, and the mention of powers of contract outside this chapter shall not be construed as disregarding the applicable provisions of this chapter.

16 Pa.C.S. § 15107.1 Printing contracts.

(a) Responsible bidders.--In counties of the second class A, the county commissioners may, by resolution, require that a printing firm presenting a bid for county printing establish itself as a responsible bidder by requiring that: (1) The printing firm file, with the chief clerk of the county commissioners, a sworn statement to the effect that employees are receiving the prevailing wage rate and are working under conditions prevalent in the locality in which the work is produced. (2) If a collective bargaining agreement is in effect between an employer and employees who are represented by a responsible organization that is not influenced or controlled by the management, the agreement and the provisions of the agreement shall be considered as conditions prevalent in the locality and shall be the minimum requirements for being deemed a responsible bidder under this chapter. (3) In case a dispute arises as to what is the prevailing rate of wages for work applicable to the contract, which cannot be adjusted by the county commissioners, the matter shall be referred to the county salary board and the board's decision shall be conclusive. (b) Prevailing wage rate.--If the wage rates vary in any district in a county, then a printing firm that pays wages at least equal to those in any agreement shall, for the purposes of this chapter, be deemed to be paying the prevailing wage rate. (c) Definition.--As used in this section, the term "prevailing wage rate" means at least the minimum wages that are received by employees of a printing firm, in second class A counties as a result of a collective bargaining agreement negotiated by an employer with a responsible organization representing the employees.

16 Pa.C.S. § 15107.2 Prohibited contract provisions.

A political subdivision or authority in a county of the second class A may not enter into a contract related to a redevelopment capital assistance project under section 318 of the act of February 9, 1999 (P.L.1, No.1), known as the Capital Facilities Debt Enabling Act, which contains a provision requiring that a specified percentage of a contracting party's work force be residents of a specific municipality.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=16Fetched: 10/16/2026