(a) Conditions for use.--If the purchasing agency determines in writing that use of competitive electronic auction bidding is in the best interests of the Commonwealth, a contract for supplies or services, but not construction, may be entered into by competitive electronic auction bidding.
(b) Invitation for bids.--An invitation for bids shall be issued and shall include a procurement description and all contractual terms, whenever practical, and conditions applicable to the procurement, including a notice that bids will be received in an electronic auction manner.
(c) Public notice.--Public notice of the invitation for bids shall be given in the same manner as provided in section 512(c) (relating to competitive sealed bidding).
(d) Auctions.--Bids shall be accepted electronically at the time and in the manner designated in the invitation for bids. During the auction a bidder's price shall be disclosed to other bidders. Bidders shall have the opportunity to reduce their bid prices during the auction. At the conclusion of the auction, the record of the bid prices received and the name of each bidder shall be open to public inspection.
(e) Withdrawal of bids.--After the auction period has terminated, withdrawal of bids shall be permitted as provided in section 512(f)(2).
(f) Award.--The contract shall be awarded within 60 days of the auction by written notice to the lowest responsible bidder, or all bids shall be rejected except as otherwise provided in this section. Extensions of the date for the award may be made by mutual written consent of the contracting officer and the lowest responsible bidder.
(Dec. 3, 2002, P.L.1147, No.142, eff. imd.)
2002 Amendment. Act 142 added section 512.1.
Cross References. Section 512.1 is referred to in section 511 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 5 - Source Selection and Contract Formation
Section 511 - Methods of source selection
Section 512 - Competitive sealed bidding
Section 512.1 - Competitive electronic auction bidding
Section 513 - Competitive sealed proposals
Section 514 - Small procurements
Section 515 - Sole source procurement
Section 516 - Emergency procurement
Section 518 - Competitive selection procedures for certain services
Section 519 - Selection procedure for insurance and notary bonds
Section 520 - Supplies manufactured and services performed by persons with disabilities
Section 521 - Cancellation of invitations for bids or requests for proposals
Section 531 - Debarment or suspension
Section 532 - Prequalification of bidders and offerors
Section 533 - Security and performance bonds
Section 534 - Cost or pricing data
Section 541 - Approval of accounting system
Section 542 - Multiterm contracts
Section 543 - Effective contracts
Section 551 - Right to inspect plant
Section 552 - Right to audit records
Section 561 - Finality of determinations
Section 562 - Anticompetitive practices