Pennsylvania Statutes Title 55 P.S. Navigation § 559.1. Contracts and purchases; bids; bonds; actions; exceptions

(a) All contracts or purchases in excess of ten thousand dollars ($10,000) shall be in writing and, except those hereinafter mentioned, shall not be made except with and from the lowest responsible bidder meeting specifications, after due notice in at least one newspaper of general circulation, published or circulating in the county at least three (3) times, at intervals of not less than three (3) days where daily newspapers of general circulation are employed for such publication, or in case weekly newspapers are employed, then the notice shall be published once a week for two (2) successive weeks. The first advertisement shall be published not less than ten (10) days prior to the date fixed for the opening of bids.

All contracts or purchases under ten thousand dollars ($10,000) may be negotiated with or without competitive bidding under sound procurement procedures as promulgated and established by the board.

(b) The acceptance of bids shall only be made by public announcement at the meeting of the board at which bids are received or at a subsequent meeting, the time and place of which shall be publicly announced when bids are received. If for any reason one or both of the above meetings shall not be held, the same business may be transacted at any subsequent meeting, if at least five (5) days' notice thereof shall be published in the newspaper aforesaid.

(c) The successful bidder, when advertising is required herein, shall be required to furnish a bond with suitable reasonable requirements guaranteeing performance of the contract, with sufficient surety in the amount of fifty per centum (50%) of the amount of the contract, within twenty (20) days after the contract has been awarded unless the board shall prescribe a shorter period of not less than ten (10) days, and upon failure to furnish such bond within such time, the previous awards shall be void. Deliveries, accomplishment and guarantees may be required in all cases of expenditures, including the exceptions herein, and in the case of construction contracts, the successful bidder shall be required to furnish an additional bond in an amount of at least fifty per centum (50%) of the amount of the contract for the protection of all persons furnishing labor or materials in the performance of such construction contract. Any person furnishing labor or materials in the performance of a construction contract may maintain an action on the additional bond to recover for such labor or materials as though such person were named in the bond as obligee: Provided, That such person shall have commenced his action within one (1) year from the time the cause of action accrued.

(d) The contracts or purchases made by the board which shall not require advertising or bidding as hereinbefore provided, are as follows:

(e) 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.”  1