1 (2) PARAGRAPH (1)
DOES NOT APPLY TO RECONSTRUCTION,
2 REPAIR OR WORK DONE BY EMPLOYEES OF THE AUTHORITY
OR BY LABOR
3 SUPPLIED UNDER AGREEMENT WITH A FEDERAL OR STATE
AGENCY WITH
4 SUPPLIES AND MATERIALS PURCHASED AS PROVIDED
IN THIS SECTION.
5 (3) NO CONTRACT
SHALL BE ENTERED INTO FOR CONSTRUCTION
6 OR IMPROVEMENT OR REPAIR OF A PROJECT, OR PORTION
THEREOF,
7 UNLESS THE CONTRACTOR GIVES AN UNDERTAKING WITH
A SUFFICIENT
8 SURETY APPROVED BY THE AUTHORITY AND IN AN AMOUNT
FIXED BY
9 THE AUTHORITY FOR THE FAITHFUL PERFORMANCE OF
THE CONTRACT.
10 (4) THE CONTRACT
MUST PROVIDE, AMONG OTHER THINGS, THAT
11 THE PERSON OR CORPORATION ENTERING INTO THE
CONTRACT WITH THE
12 AUTHORITY WILL PAY FOR ALL MATERIALS FURNISHED
AND SERVICES
13 RENDERED FOR THE PERFORMANCE OF THE CONTRACT
AND THAT ANY
14 PERSON OR CORPORATION FURNISHING MATERIALS OR
RENDERING
15 SERVICES MAY MAINTAIN AN ACTION TO RECOVER FOR
THEM AGAINST
16 THE OBLIGOR IN THE UNDERTAKING, AS THOUGH SUCH
PERSON OR
17 CORPORATION WAS NAMED IN THE CONTRACT IF THE
ACTION IS
18 BROUGHT WITHIN ONE YEAR AFTER THE TIME THE CAUSE
OF ACTION
19 ACCRUED.
20 (5) NOTHING IN
THIS SECTION SHALL BE CONSTRUED TO LIMIT
21 THE POWER OF THE AUTHORITY TO CONSTRUCT, REPAIR
OR IMPROVE A
22 PROJECT OR PORTION THEREOF, OR ANY ADDITION,
BETTERMENT OR
23 EXTENSION THERETO DIRECTED BY THE OFFICERS,
AGENTS AND
24 EMPLOYEES OF THE AUTHORITY OR OTHERWISE THAN
BY CONTRACT.
25 (B) SUPPLIES AND MATERIALS.--ALL SUPPLIES
AND MATERIALS
26 COSTING AT LEAST $10,000 SHALL BE PURCHASED ONLY AFTER
27 ADVERTISEMENT AS PROVIDED IN THIS SECTION. THE AUTHORITY SHALL
28 ACCEPT THE LOWEST BID, KIND, QUALITY AND MATERIAL BEING EQUAL,
29 BUT THE AUTHORITY SHALL HAVE THE RIGHT TO REJECT ANY OR ALL BIDS
30 OR SELECT A SINGLE ITEM FROM ANY BID. THE PROVISIONS AS TO
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1 BIDDING SHALL NOT APPLY TO THE PURCHASE OF PATENTED AND
2 MANUFACTURED PRODUCTS OFFERED FOR SALE IN A NONCOMPETITIVE
3 MARKET OR SOLELY BY A MANUFACTURER'S AUTHORIZED DEALER.
4 (C) QUOTATIONS.--WRITTEN OR TELEPHONIC
PRICE QUOTATIONS FROM
5 AT LEAST THREE QUALIFIED AND RESPONSIBLE CONTRACTORS SHALL BE
6 REQUESTED FOR A CONTRACT WHICH EXCEEDS $4,000 BUT IS LESS THAN
7 THE AMOUNT REQUIRING ADVERTISEMENT AND COMPETITIVE BIDDING. IN
8 LIEU OF PRICE QUOTATIONS, A MEMORANDUM SHALL BE KEPT ON FILE
9 SHOWING THAT FEWER THAN THREE QUALIFIED CONTRACTORS EXIST IN THE
10 MARKET AREA WITHIN WHICH IT IS PRACTICABLE TO OBTAIN QUOTATIONS.
11 A WRITTEN RECORD OF TELEPHONIC PRICE QUOTATIONS SHALL BE MADE
12 AND SHALL CONTAIN AT LEAST THE DATE OF THE QUOTATION; THE NAME
13 OF THE CONTRACTOR AND THE CONTRACTOR'S REPRESENTATIVE; THE
14 CONSTRUCTION, RECONSTRUCTION, REPAIR, MAINTENANCE OR WORK WHICH
15 WAS THE SUBJECT OF THE QUOTATION; AND THE PRICE. WRITTEN PRICE
16 QUOTATIONS, WRITTEN RECORDS OF TELEPHONIC PRICE QUOTATIONS AND
17 MEMORANDA SHALL BE RETAINED FOR A PERIOD OF THREE YEARS.
18 (D) NOTICE.--THE TERM "ADVERTISEMENT"
OR "PUBLIC NOTICE,"
19 WHEREVER USED IN THIS SECTION SHALL MEAN A NOTICE PUBLISHED AT
20 LEAST TEN DAYS BEFORE THE AWARD OF A CONTRACT IN A NEWSPAPER OF
21 GENERAL CIRCULATION PUBLISHED IN THE MUNICIPALITY WHERE THE
22 AUTHORITY HAS ITS PRINCIPAL OFFICE OR, IF NO NEWSPAPER OF
23 GENERAL CIRCULATION IS PUBLISHED THEREIN, IN A NEWSPAPER OF
24 GENERAL CIRCULATION IN THE COUNTY WHERE THE AUTHORITY HAS ITS
25 PRINCIPAL OFFICE.
26 (E) CONFLICT OF INTEREST.--NO MEMBER OF
THE AUTHORITY OR
27 OFFICER OR EMPLOYEE OF THE AUTHORITY MAY DIRECTLY OR INDIRECTLY
28 BE A PARTY TO OR BE INTERESTED IN ANY CONTRACT OR AGREEMENT WITH
29 THE AUTHORITY IF THE CONTRACT OR AGREEMENT ESTABLISHES LIABILITY
30 AGAINST OR INDEBTEDNESS OF THE AUTHORITY. ANY CONTRACT OR
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1 AGREEMENT MADE IN VIOLATION OF THIS SUBSECTION IS VOID, AND NO
2 ACTION MAY BE MAINTAINED ON THE AGREEMENT AGAINST THE AUTHORITY.
3 (F) ENTRY INTO CONTRACTS.--
4 (1) SUBJECT TO
SUBSECTION (E), AN AUTHORITY MAY ENTER
5 INTO AND CARRY OUT CONTRACTS OR ESTABLISH OR
COMPLY WITH
6 RULES AND REGULATIONS CONCERNING LABOR AND MATERIALS
AND
7 OTHER RELATED MATTERS IN CONNECTION WITH A PROJECT
OR PORTION
8 THEREOF AS THE AUTHORITY DEEMS DESIRABLE, OR
AS MAY BE
9 REQUESTED BY A FEDERAL AGENCY TO ASSIST IN THE
FINANCING OF
10 THE PROJECT OR ANY PART THEREOF. THIS PARAGRAPH
SHALL NOT
11 APPLY TO ANY OF THE FOLLOWING:
12
(I) A CASE IN WHICH THE AUTHORITY HAS TAKEN OVER BY
13 TRANSFER OR ASSIGNMENT
A CONTRACT AUTHORIZED TO BE
14 ASSIGNED TO IT UNDER
SECTION 5613 (RELATING TO TRANSFER
15 OF EXISTING FACILITIES
TO AUTHORITY).
16
(II) A CONTRACT IN CONNECTION WITH THE CONSTRUCTION
17 OF A PROJECT WHICH THE
AUTHORITY MAY HAVE HAD TRANSFERRED
18 TO IT BY ANY PERSON
OR PRIVATE CORPORATION.
19 (2) THIS SUBSECTION
IS NOT INTENDED TO LIMIT THE POWERS
20 OF AN AUTHORITY.
21 (G) COMPLIANCE.--A CONTRACT FOR THE CONSTRUCTION,
22 RECONSTRUCTION, ALTERATION, REPAIR, IMPROVEMENT OR MAINTENANCE
23 OF PUBLIC WORKS SHALL COMPLY WITH THE PROVISIONS OF THE ACT OF
24 MARCH 3, 1978 (P.L.6, NO.3), KNOWN AS THE STEEL PRODUCTS
25 PROCUREMENT ACT.
26 (H) EVASION.--
27 (1) AN AUTHORITY
MAY NOT EVADE THE PROVISIONS OF THIS
28 SECTION AS TO BIDS OR PURCHASING MATERIALS OR
CONTRACTING FOR
29 SERVICES PIECEMEAL FOR THE PURPOSE OF OBTAINING
PRICES UNDER
30 $10,000 UPON TRANSACTIONS WHICH SHOULD, IN THE
EXERCISE OF
20010S0780B1186
- 109 -
1 REASONABLE DISCRETION AND PRUDENCE, BE CONDUCTED
AS ONE
2 TRANSACTION AMOUNTING TO MORE THAN $10,000.
3 (2) THIS SUBSECTION
IS INTENDED TO MAKE UNLAWFUL THE
4 PRACTICE OF EVADING ADVERTISING REQUIREMENTS
BY MAKING A
5 SERIES OF PURCHASES OR CONTRACTS EACH FOR LESS
THAN THE
6 ADVERTISING REQUIREMENT PRICE OR BY MAKING SEVERAL
7 SIMULTANEOUS PURCHASES OR CONTRACTS EACH BELOW
THAT PRICE
8 WHEN, IN EITHER CASE, THE TRANSACTION INVOLVED
SHOULD HAVE
9 BEEN MADE AS ONE TRANSACTION FOR ONE PRICE.
10 (3) AN AUTHORITY
MEMBER WHO VOTES TO UNLAWFULLY EVADE
11 THE PROVISIONS OF THIS SECTION AND WHO KNOWS
THAT THE
12 TRANSACTION UPON WHICH THE MEMBER VOTES IS OR
OUGHT TO BE A
13 PART OF A LARGER TRANSACTION AND THAT IT IS
BEING DIVIDED IN
14 ORDER TO EVADE THE REQUIREMENTS AS TO ADVERTISING
FOR BIDS
15 COMMITS A MISDEMEANOR OF THE THIRD DEGREE FOR
EACH CONTRACT
16 ENTERED INTO AS A DIRECT RESULT OF THAT VOTE.