Pennsylvania Act 2006-88 — PROCUREMENT (62 PA.C.S.) - ELECTRONIC BIDDING BY LOCAL GOVERNMENT UNITS

Act text

PROCUREMENT (62 PA.C.S.) - ELECTRONIC BIDDING BY LOCAL GOVERNMENT UNITS
                  Act of Jul. 7, 2006, P.L. 600, No. 88               Cl. 62
                             Session of 2006
                               No. 2006-88

     HB 2441

                                  AN ACT

     Amending Title 62 (Procurement) of the Pennsylvania Consolidated
        Statutes, further providing for application of part; and
        providing for electronic bidding by local government units.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Section 3101 of Title 62 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 3101.  Application of part.
        Except for Chapter 46 (relating to electronic bidding by
     local government units), which applies only to local government
     units, this part applies to government agencies. In the case of
     Commonwealth agencies, this part shall be read in pari materia
     with Part I (relating to Commonwealth Procurement Code).
        Section 2.  Title 62 is amended by adding a chapter to read:
                                CHAPTER 46
               ELECTRONIC BIDDING BY LOCAL GOVERNMENT UNITS
     Sec.
     4601.  Short title of chapter.
     4602.  Definitions.
     4603.  Electronic bidding.
     4604.  Competitive electronic auction bidding.
      § 4601.  Short title of chapter.
        This chapter shall be known and may be cited as the Local
     Government Unit Electronic Bidding Act.
      § 4602.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Local government unit."  A county, city, borough,
     incorporated town, township, school district, vocational school
     district, county institution district, home rule municipality,
     local authority or any joint or cooperative body of local
     government units or any instrumentality, authority or
     corporation thereof which has authority to enter into a
     contract.
      § 4603.  Electronic bidding.
        Notwithstanding any other provision of law concerning the
     requirements for competitive bidding for purchases and contracts
     by a local government unit, a local government unit may permit
     the electronic submission of bids and may receive bids
     electronically if the local government unit has the electronic
     capability to maintain the confidentiality of the bid until the
     bid opening time.
      § 4604.  Competitive electronic auction bidding.
        (a)  Conditions for use.--Notwithstanding any other provision
     of law concerning the requirements for competitive bidding for
     purchases and contracts, if a local government unit determines
     by resolution that use of competitive electronic auction bidding
     is in the best interests of the local government unit, a
     contract for supplies or services, but not for construction or
     design professional services, may be entered into by competitive
     electronic auction bidding.
        (b)  Invitation for bids.--An invitation for bids shall be
     issued and shall include a procurement description and all
     contractual terms, whenever practical, and conditions applicable
     to the procurement, including a notice that bids will be
     received in an electronic auction manner.
        (c)  Public notice.--Public notice and advertisement of the
     invitation for bids shall be given in the same manner as
     provided in the law otherwise applicable to the local government
     unit.
        (d)  Auctions.--Bids shall be accepted electronically at the
     time and in the manner designated in the invitation for bids.
     During the auction, each bidder shall have the capability to
     view their bid rank or the low bid price. Bidders may reduce
     their bid prices during the auction. At the conclusion of the
     auction, the record of the bid prices received and the name of
     each bidder shall be open to public inspection.
        (e)  Withdrawal of bids.--After the auction period has
     terminated, withdrawal of bids shall be permitted by the written
     determination of the local government unit when the bidder
     requests relief and presents credible evidence that the reason
     for the lower bid price was a clerical mistake, as opposed to a
     judgment mistake, and was actually due to an unintentional
     arithmetical error or an unintentional omission of a substantial
     quantity of work, labor, material or services made directly in
     the compilation of the bid. The request for relief and the
     supporting evidence must be received by the local government
     unit within a reasonable time period after the bid opening. The
     time period shall be specified by the local government unit.
        (f)  Award.--The contract shall be awarded within 60 days of
     the auction by written notice to the lowest responsible bidder,
     or all bids shall be rejected, except as otherwise provided in
     this section. Extensions of the date for the award may be made
     by mutual written consent of the local government unit and the
     lowest responsible bidder.
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 7th day of July, A. D. 2006.

     EDWARD G. RENDELL