act-2006-0-88•Pennsylvania Act 2006-88 — PROCUREMENT (62 PA.C.S.) - ELECTRONIC BIDDING BY LOCAL GOVERNMENT UNITS
Pennsylvania Act 2006-88 — PROCUREMENT (62 PA.C.S.) - ELECTRONIC BIDDING BY LOCAL GOVERNMENT UNITS
act-2006-0-882006 Pa. Act 88Law
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
Continue sua pesquisa no ChatGPT ou Claude
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.