§ 11901.4. Contracts or purchases not requiring advertising or bidding.

542 words·~2 min read·/pa/title-11/chapter-119/11901-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Not in excess of base amount.-- City contracts or purchases, if not in excess of the base amount of $18,500, subject to adjustment under section 11903.1 (relating to adjustments to base amount based on Consumer Price Index for All Urban Consumers), shall not require advertising or bidding.

(b)In excess of base amount.-- The following city contracts or purchases involving an expenditure over the base amount of $18,500, subject to adjustment under section 11903.1, do not require advertising or bidding:

(1)Contracts for maintenance, repairs or replacements for water, electric light or other public works of the city, if they do not constitute new additions, extensions or enlargements of existing facilities and equipment. Security may be required by council as in other cases of work done.

(2)Contracts for improvements, repairs and maintenance of any kind made or provided by any city through its own employees, except that this exception shall not apply to construction materials used in a street improvement.

(3)Contracts for new equipment, articles, apparatus, appliances or vehicles which are patented or copyrighted products.

(4)Contracts involving any policies of insurance or surety company bonds.

(5)Contracts for public utility service and electricity, natural gas or telecommunication services, provided that, in the case of 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 from at least three qualified and responsible providers. In lieu of price quotations, a memorandum shall be kept on file showing that fewer than three qualified providers exist in the market area within which it is practicable to obtain quotations. A written record of telephonic price quotations shall be made and shall contain at least the date of the quotation, the name of the provider and the provider's representative, the type of service that was the subject of the quotation and the price. Written price quotations, written records of telephonic price quotations and memoranda shall be retained for a period of three years.

(6)Contracts entered into with the Federal Government, the Commonwealth, another political subdivision or a county, any agency of the Federal Government or the Commonwealth, any municipal authority, including the sale, leasing or loan of any supplies or materials by the Federal Government or the Commonwealth, or their agencies, but the price shall not be in excess of that fixed by the Federal Government, the Commonwealth or their agencies.

(7)Contracts involving personal or professional services.

(8)Contracts executed during a state of emergency declared by the mayor in accordance with section 11203 (relating to execution of laws, powers of sheriff conferred and emergency powers) or those made during a disaster emergency declared by the Governor or during a local emergency in accordance with 35 Pa.C.S. Pt. V (relating to emergency management services).

(9)Those for used personal property, such as equipment, articles, apparatus, appliances, vehicles or parts of vehicles being purchased from a volunteer fire company, volunteer ambulance service or volunteer rescue squad.

11c11901.4v

(Oct. 24, 2018, P.L.885, No.140, eff. 60 days)

2018 Amendment. Act 140 added subsec. (b)(9).

Cross References. Section 11901.4 is referred to in section 11901.1 of this title.

11c11901.5s