53 Pa. Stat. § 23308.1

Current through Pa Acts 2024-53, 2024-56 through 2024-111

Section 23308.1 - Contracts; competitive bidding fee sharing

Every contract relating to city affairs shall be authorized by general or specific ordinance of council and shall be let in the manner prescribed by council. All contracts shall be awarded to the lowest responsible bidder except in the following cases:

I. Purchases at public sale or pursuant to tariffs on file with the Pennsylvania Public Utility Commission;

II. Contracts for personal or professional services;

III. Contracts with political subdivisions, the Commonwealth of Pennsylvania or the United States Government or with any agencies or authorities of such governmental bodies; or

IV. Purchases of personal property where, by reason of patents or copyrights, the required type of item is available from only one seller.

For competitive bidding on contracts involving an amount exceeding ten thousand dollars ($10,000), invitations for bids shall be issued pursuant to reasonable notice, which shall be by advertisement and all bids shall be filed with the city controller and opened publicly at a time and place to be designated in the notice, and the figures shall be announced to persons present. For competitive bidding on contracts involving an amount of ten thousand dollars ($10,000), or less, the Director of the Department of Supplies may obtain oral bids or letter bids or may proceed by a comparison of specific prices as set forth in the sellers' literature.

Every contract for the construction, reconstruction, alteration, repair, improvement or maintenance of public works shall comply with the provisions of the act of March 3, 1978 (P.L. 6, No. 3), known as the "Steel Products Procurement Act."

No person, consultant, firm or corporation contracting with a city for purposes of rendering personal or professional services to the city shall share with any city officer or employe, and no city officer or employe shall accept, any portion of the compensation or fees paid by the city for the contracted services provided to the city except under the following terms or conditions:

(1) Full disclosure of all relevant information regarding the sharing of the compensation or fees shall be made to the council of the city.

(2) The council of the city must approve the sharing of any fee or compensation for personal or professional services prior to the performance of said services.

(3) No fee or compensation for personal or professional services may be shared except for work actually performed.

(4) No shared fee or compensation for personal or professional services may be paid at a rate in excess of that commensurate for similar personal or professional services.

53 P.S. § 23308.1

1901, March 7, P.L. 20, art. XV, § 1.1, added 1965, July 22, P.L. 234, § 2. Amended 1967, Aug. 25, P.L. 278, § 1; 1976, Nov. 23, P.L. 1142, No. 246, § 1, effective in 60 days; 1978, Oct. 4, P.L. 1047, No. 240, § 1, effective in 60 days; 1980, Oct. 10, P.L. 927, No. 160, § 1, effective in 60 days; 1981, Dec. 22, P.L. 532, No. 152, § 1, effective in 60 days; 1988, July 13, P.L. 523, No. 92, § 1, effective in 60 days.