Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 1801 - Commissioners sole contractors for county generally(a) In counties of the third, fourth, fifth, sixth, seventh or eighth class, the commissioners shall contract for and purchase all services referred to in section 508 and personal property for county officers and agencies. All contracts and purchases not in excess of the base amount of eighteen thousand five hundred dollars ($18,500), subject to adjustment under subsection (b.1), shall be by note or memorandum, in writing, signed by the commissioners, or their designee. A copy of all notes and memorandums and all executed written contracts, or electronic copies of executed written contracts, shall be filed in the office of the controller, if any, and, if not, then with the chief clerk of the commissioners.(b) Except as otherwise provided in section 1802(h)(4), in the case of counties in the third, fourth, fifth, sixth, seventh or eighth class, written or telephonic price quotations from at least three qualified and responsible contractors shall be requested for all contracts in excess of the base amount of ten thousand dollars ($10,000), subject to adjustment under subsection (b.1), but are less than the amount requiring advertisement and competitive bidding or, in lieu of price quotations, a memorandum shall be kept on file showing that fewer than three qualified contractors 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 contractor and the contractor's representative, the construction, reconstruction, repair, maintenance or work which 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.(b.1) Adjustments to the base amounts specified under subsections (a) and (b) shall be made as follows:(1) The Department of Labor and Industry shall determine the percentage change in the Consumer Price Index for All Urban Consumers: All Items (CPI-U) for the United States City Average as published by the United States Department of Labor, Bureau of Labor Statistics, for the twelve-month period ending September 30, 2012, and for each successive twelve-month period thereafter.(2) If the department determines that there is no positive percentage change, then no adjustment to the base amounts shall occur for the relevant time period provided for in this subsection.(3)(i) If the department determines that there is a positive percentage change in the first year that the determination is made under paragraph (1), the positive percentage change shall be multiplied by each base amount, and the products shall be added to the base amounts, respectively, and the sums shall be preliminary adjusted amounts.(ii) The preliminary adjusted amounts shall be rounded to the nearest one hundred dollars ($100) to determine the final adjusted base amounts for purposes of subsections (a) and (b).(4) In each successive year in which there is a positive percentage change in the CPI-U for the United States City Average, the positive percentage change shall be multiplied by the most recent preliminary adjusted amounts, and the products shall be added to the preliminary adjusted amount of the prior year to calculate the preliminary adjusted amounts for the current year. The sums thereof shall be rounded to the nearest one hundred dollars ($100) to determine the new final adjusted base amounts for purposes of subsections (a) and (b).(5) The determinations and adjustments required under this subsection shall be made in the period between October 1 and November 15 of the year following the effective date of this subsection and annually between October 1 and November 15 of each year thereafter.(6) The final adjusted base amounts and new final adjusted base amounts obtained under paragraphs (3) and (4) shall become effective January 1 for the calendar year following the year in which the determination required under paragraph (1) is made.(7) The department shall publish notice in the Pennsylvania Bulletin prior to January 1 of each calendar year of the annual percentage change determined under paragraph (1) and the unadjusted or final adjusted base amounts determined under paragraphs (3) and (4) at which competitive bidding is required under subsection (a) and written or telephonic price quotations are required under subsection (b), respectively, for the calendar year beginning the first day of January after publication of the notice. The notice shall include a written and illustrative explanation of the calculations performed by the department in establishing the unadjusted or final adjusted base amounts under this subsection for the ensuing calendar year.(8) The annual increase in the preliminary adjusted base amounts obtained under paragraphs (3) and (4) shall not exceed three per centum.(c) The commissioners shall, where possible, anticipate the needs of the various officers, agencies and operations of the county and endeavor to purchase in wholesale quantities, where practicable and where savings could be achieved thereby. The commissioners may make contracts and purchases for all purposes expressly or impliedly authorized by law.Amended by P.L. TBD 2018 No. 154, § 49, eff. 12/24/2018.1955, Aug. 9, P.L. 323, § 1801. Amended 1959, April 11, P.L. 17, § 1; 1967, Aug. 25, P.L. 279, § 1; 1976, Nov. 23, P.L. 1146, No. 248, § 1, effective in 60 days; 1978, Oct. 4, P.L. 1033, No. 232, § 1, effective in 60 days; 1981, Dec. 22, P.L. 580, No. 167, § 1, effective in 60 days; 1990, July 10, P.L. 379, No. 89, § 1, effective in 60 days; 2000, Dec. 22, P.L. 1019, No. 142, § 5, effective in 60 days; 2011, Nov. 3, P.L. 349, No. 86, § 1, imd. effective.