§ 15103. Evasion of advertising requirements.

341 words·~2 min read·/pa/title-16/chapter-151/15103

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(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).

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