Section 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:(1) Those for maintenance, repairs or replacements for water, electric light, or other public works: Provided, That they do not constitute new additions, extensions or enlargements of existing facilities and equipment, but a bond may be required by the board as in other cases of work done.(2) Those made for improvements, repairs and maintenance of any kind made or provided by the board through its own employes: Provided, That this shall not apply to construction materials used in a street improvement.(3) Those where particular types, models or pieces of new equipment, article, apparatus, appliances, vehicles or parts thereof are desired by the board, which are patented and manufactured products or copyrighted products.(4) Those involving any policies of insurance or surety company bonds, those made with a municipality or a county, the Commonwealth of Pennsylvania, the Federal government, any agency of the Commonwealth or the Federal government, or any municipal authority, including the sale, leasing or loan of any supplies or materials by the Commonwealth or the Federal government or their agencies, but the price thereof shall not be in excess of that fixed by the Commonwealth, the Federal government or their agencies.(5) Those involving personal or professional services.(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 (No. 3), known as the "Steel Products Procurement Act." 1956, April 6, P.L. (1955) 1414, § 9.1, added 1959, Oct. 7, P.L. 1266, § 11. Amended 1970, Dec. 30, P.L. 953, No. 300, § 6; 1978, Oct. 4, P.L. 1020, No. 225, §1, effective in 60 days; 1982 , March 7, P.L. 166, No. 52, § 1, effective in 60 days; 1988 , March 25, P.L. 294, No. 34, § 1, effective in 60 days.