Section 657 - Contracts; procurement and sale of property; competition in award of contracts(a) Repealed. 1984, July 5, P.L. 587, No. 119, § 12, effective in 60 days.(b) Except in the purchase of projects from a transportation organization, or in the purchase of unique articles, or articles which, for any other reason, cannot be obtained in the open market, and except as herein specifically provided, competitive bids shall be secured before any purchase or sale, by contract or otherwise, is made or before any contract is awarded for construction, alterations, supplies, equipment, repairs or maintenance or for rendering any services to the department other than professional services; and the purchase shall be made from or the contract shall be awarded to the lowest responsible bidder; or a sale to the highest responsible bidder. No purchase of any unique article or other articles which cannot be obtained in the open market shall be made without express approval of the secretary where the amount involved is in excess of $5,000.(c) Except as herein specifically provided otherwise, all purchases and sales in excess of $5,000 shall be awarded after advertising in a newspaper of general circulation in the area where the property is to be used not less than two weeks prior to the bid opening. Bids shall be publicly opened and read aloud at a date, time and place designated in the invitation to bid. In all cases of purchases or sales in excess of $5,000 authorized hereunder to be made without competitive bidding except purchases from or sales to a transportation organization or contracts with a transportation company pursuant to subsection (a), invitations to bid shall be sent not less than one week prior to the bid opening to at least three potential bidders who are qualified technically and financially to submit bids, or in lieu thereof a memorandum shall be kept on file showing that less than three potential bidders so qualified exist in the market area within which it is practicable to obtain bids.(d) Purchases or sales under $5,000 may be negotiated with or without competitive bidding under sound procurement procedures as promulgated and established by the secretary.(e) Competitive bidding requirements may be waived if it is determined in such manner as the secretary may, by regulation, provide that an emergency directly and immediately affecting customer service, or public health, safety or welfare requires immediate delivery of supplies, materials, or equipment: Provided, however, That a record of circumstances explaining the emergency shall be submitted to the secretary and kept on file.(f) Contracts for the sale or lease or property owned by the department shall be awarded after competitive bidding as shown in subsection (c), except where a contract is entered into with any political subdivision or agency or instrumentality of the Commonwealth, transportation organization, transportation company, or Federal agency.(g) Requirements shall not be split into parts for the purpose of avoiding the provisions of this section.(h) The department shall have the right to reject any or all bids or parts of any or all bids, whenever, in the opinion of the secretary, such rejection is necessary for the protection of the interest of the Commonwealth. In every such case, a record shall be made, setting forth the reason for such rejection which record shall thereafter be kept on file.(i) The secretary shall adopt rules and regulations to effectuate the provisions of this section.(j) The secretary shall have the power to accept the assignment from any transportation organization or company of all or any interest in any lawfully made contract for the procurement and purchase of any asset deemed necessary or desirable by the secretary in connection with any project.1976, Feb. 11, P.L. 14, No. 10, §7, imd. effective. Amended 1984 , June 28, P.L. 436, No. 92, § 1, imd. effective. Affected 1984, July 5, P.L. 587, No. 119, § 12, effective in 60 days.