1750 - Contracts, procurement and sale of property.

     § 1750.  Contracts, procurement and sale of property.        (a)  Competitive bids.--Except in the purchase of unique     articles or articles which, for any other reason, cannot be     obtained in the open market and except as provided in section     1741 (relating to general powers) and as provided in this     chapter, 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 authority other than professional services. Purchases     shall be made from or the contract shall be awarded to the     lowest responsive, responsible bidder. Sales shall be made to     the highest responsive, 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 board     where the amount involved is in excess of $25,000. The authority     shall not be subject to the act of November 26, 1978 (P.L.1309,     No.317), referred to as the Public Works Contract Regulation     Law. Nothing in this section or any other law of this     Commonwealth shall require the authority to competitively bid     architectural design, engineering, construction management or     other professional services required by the authority.        (b)  Procedure.--All purchases and sales in excess of $25,000     shall be awarded after advertising in a local newspaper of     general circulation in the metropolitan area at least 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. Invitations to bid shall be sent at least 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.        (c)  Qualified vendors.--Written price quotations from at     least three qualified and responsible vendors shall be solicited     for all purchases and sales under $25,000 and over $10,000, or,     in lieu thereof, a memorandum approved by the general manager     shall be kept on file showing that less than three vendors so     qualified exist in the market area within which it is     practicable to obtain quotations, except as provided in this     chapter.        (d)  Small purchases.--Purchases or sales under $10,000 may     be negotiated with or without competitive bidding under sound     procurement procedures as promulgated and established by the     general manager.        (e)  Waiver.--Competitive bidding requirements may be waived     if it is determined by the general manager, or in such other     manner as the board may provide, that an emergency directly and     immediately affecting customer service or public health, safety     or welfare requires immediate delivery of supplies, materials,     equipment or services. A record of circumstances explaining the     emergency shall be submitted to the board at its next regular     meeting and thereafter kept on file.        (f)  Sale or lease of real property.--Contracts for the sale     or lease of real property owned by the authority shall be     awarded after competitive bidding as shown in subsection (b),     except as provided in section 1741(a)(22) where the contract is     entered into with the Commonwealth or any government agency or     with the United States government or any agency or     instrumentality thereof or as provided in section 1741(a)(24).        (g)  Property management contracts.--Contracts for the     management of authority-owned property, such as bus routes or     subway systems, may be negotiated and awarded by an affirmative     vote of one more than a majority of all members of the board.        (h)  Avoidance prohibited.--Requirements shall not be split     into parts for the purpose of avoiding the provisions of this     section.        (i)  Rejection of bids.--The authority shall have the right     to reject any or all bids or parts of any or all bids, whenever,     in the opinion of the board, rejection is necessary for the     protection of the interests of the authority. In every case, a     record shall be made setting forth the reason for the rejection,     which record shall thereafter be kept on file.        (j)  Rules and regulations.--The board may by resolution     adopt policies to effectuate the provisions of this section.        (k)  Concessions.--All concessions granted by the authority     for the sale of products or the rendition of services for a     consideration on authority property shall be awarded only under     written specifications after competitive bidding and to the     highest responsive, responsible bidder in a manner similar to     that required by subsection (b) or (c) as appropriate. This     requirement for competitive bidding shall not apply to any     concession which has been granted by a transportation system     acquired by the authority and which by the terms of the     agreement granting it will terminate within one year from date     of the acquisition of the transportation system by the authority     nor to any concession involving the estimated receipt by the     authority of less than $10,000 over the period for which the     concession is granted.        References in Text.  The act of November 26, 1978 (P.L.1309,     No.317), referred to as the Public Works Contract Regulation     Law, referred to in subsec. (a), was repealed by the act of May     15, 1998 (P.L.358, No.57). The subject matter is now contained     in Title 65 (Procurement).