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FOR IMMEDIATE RELEASE
November 20, 2009
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Editorial Right on Point on "Pay to Play"
The Butler Eagle editorial on Monday November 16, 2009 was right on point on the
issue of "Pay-to-Play" and the need for reform of the use of sole source contracts.
Back in March of this year, I reintroduced legislation to reform the process for sole source
contracts and how professional service contracts are awarded. Senate Bill 102
proposes major reforms to the state procurement process and would further
restrict the use of sole source contracts. Additionally, it establishes a
process to require broader disclosure of political contributions and an expanded
process to address how professional service contracts are awarded. Senate Bill
102 includes the following:
- Eliminating sole source contracting for investment advisors or managers and financial or investment experts.
- Requiring all determinations to authorize sole source procurement to be available for public inspection.
- Requiring the disclosure and posting of all political campaign contributions for the previous
five years by bidders on all contracts totaling $25,000 or more and provides for penalties for failure to report. This would include affiliates of the bidder, individuals who have greater than 5
percent financial interest in the entity, executive level employees, and their spouse and minor children.
- Creates a "most qualified bidder" open bid procurement process for professional services over $25,000, including non-litigation legal services, management consulting services, financial or investment managers, and other consulting services. These requirements would apply to all state agencies including the General Assembly and the Judiciary.
- For professional services a state agency shall:
- Adopt procedures to determine the most qualified bidder for professional services.
- Advertise the services being sought and specifications, procedures and requirements to be followed, and factors that will be used in scoring.
- Select a "Qualified Evaluation Committee" made up of state agency employees to score the proposals submitted. Requires DGS to promulgate regulations to establish ethical standards relating to conflict of interest for those serving on the committee and precluding former state employees from being involved in the contracting process on behalf of entity bidding for the contract.
- Provide written notice of the award of the contract and a statement that sets forth the basis for the award, which shall be posted on the state agency website 10 days prior to execution of the contract.
- Provide public access to all non-proprietary information included in applications and disclosure forms.
- Require disclosure and justification of an amendment to a contract in excess of 10
percent or $10,000 (whichever is greater) over the contract price.
- Award professional service contracts based upon a scoring system which does improperly steer a contract to a particular bidder.
We need to address the issue of
"Pay-to-Play" now and I look forward to the hearings Senator Mike Folmer (48th
District, Lebanon County) is going to hold and will continue to push for the Senate
State Government Committee to consider Senate Bill 102 as soon as possible.
CONTACT:
Mike Sarfert
(717) 787-6538
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