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Contracts, procurement and sale of property - 74 Pa. Cons. Stat. § 1750

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     § 1750.  Contracts, procurement and sale of property.
        (a)  Competitive bids.--Except in the purchase of unique
     articles or articles which, for any other reason, cannot be
     obtained in the open market and except as provided in section
     1741 (relating to general powers) and as provided in this
     chapter, 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 authority other than professional services. Purchases
     shall be made from or the contract shall be awarded to the
     lowest responsive, responsible bidder. Sales shall be made to
     the highest responsive, 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 board
     where the amount involved is in excess of $25,000. The authority
     shall not be subject to the act of November 26, 1978 (P.L.1309,
     No.317), referred to as the Public Works Contract Regulation
     Law. Nothing in this section or any other law of this
     Commonwealth shall require the authority to competitively bid
     architectural design, engineering, construction management or
     other professional services required by the authority.
        (b)  Procedure.--All purchases and sales in excess of $25,000
     shall be awarded after advertising in a local newspaper of
     general circulation in the metropolitan area at least 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. Invitations to bid shall be sent at least 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.
        (c)  Qualified vendors.--Written price quotations from at
     least three qualified and responsible vendors shall be solicited
     for all purchases and sales under $25,000 and over $10,000, or,
     in lieu thereof, a memorandum approved by the general manager
     shall be kept on file showing that less than three vendors so
     qualified exist in the market area within which it is
     practicable to obtain quotations, except as provided in this
     chapter.
        (d)  Small purchases.--Purchases or sales under $10,000 may
     be negotiated with or without competitive bidding under sound
     procurement procedures as promulgated and established by the
     general manager.
        (e)  Waiver.--Competitive bidding requirements may be waived
     if it is determined by the general manager, or in such other
     manner as the board may provide, that an emergency directly and
     immediately affecting customer service or public health, safety
     or welfare requires immediate delivery of supplies, materials,
     equipment or services. A record of circumstances explaining the
     emergency shall be submitted to the board at its next regular
     meeting and thereafter kept on file.
        (f)  Sale or lease of real property.--Contracts for the sale
     or lease of real property owned by the authority shall be
     awarded after competitive bidding as shown in subsection (b),
     except as provided in section 1741(a)(22) where the contract is
     entered into with the Commonwealth or any government agency or
     with the United States government or any agency or
     instrumentality thereof or as provided in section 1741(a)(24).
        (g)  Property management contracts.--Contracts for the
     management of authority-owned property, such as bus routes or
     subway systems, may be negotiated and awarded by an affirmative
     vote of one more than a majority of all members of the board.
        (h)  Avoidance prohibited.--Requirements shall not be split
     into parts for the purpose of avoiding the provisions of this
     section.
        (i)  Rejection of bids.--The authority shall have the right
     to reject any or all bids or parts of any or all bids, whenever,
     in the opinion of the board, rejection is necessary for the
     protection of the interests of the authority. In every case, a
     record shall be made setting forth the reason for the rejection,
     which record shall thereafter be kept on file.
        (j)  Rules and regulations.--The board may by resolution
     adopt policies to effectuate the provisions of this section.
        (k)  Concessions.--All concessions granted by the authority
     for the sale of products or the rendition of services for a
     consideration on authority property shall be awarded only under
     written specifications after competitive bidding and to the
     highest responsive, responsible bidder in a manner similar to
     that required by subsection (b) or (c) as appropriate. This
     requirement for competitive bidding shall not apply to any
     concession which has been granted by a transportation system
     acquired by the authority and which by the terms of the
     agreement granting it will terminate within one year from date
     of the acquisition of the transportation system by the authority
     nor to any concession involving the estimated receipt by the
     authority of less than $10,000 over the period for which the
     concession is granted.

        References in Text.  The act of November 26, 1978 (P.L.1309,
     No.317), referred to as the Public Works Contract Regulation
     Law, referred to in subsec. (a), was repealed by the act of May
     15, 1998 (P.L.358, No.57). The subject matter is now contained
     in Title 65 (Procurement).

Last modified: November 27, 2007