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The Pennsylvania Act No. 4 of 1974 Title on Public Contracts

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    Types of Contracts

    • Under Act 4, there are two types of public contracts: Some contracts require bids by prospective suppliers and others do not; the government may enter into a contract without requiring a bid from the contractor. Most contracts worth more than $10,000 require suppliers to go through the bidding process (as of 2010).

    Entering a Bid

    • After a municipality advertises a biddable contract, bidding instructions will be disseminated. Bidding firms are required to follow the instructions and any deviation may void any bid by the contractor. If a municipality believes a bidding error was mistakenly made, they may waive the issue. A security bond may be required along with a bid to ensure the contractor intends to honor the agreement.

    Withdrawing a Bid

    • A contractor that withdraws its bid may forfeit its security bond, but Act 4 provides for a procedure in which a bidder who meets certain requirements may withdraw their bid from consideration after the bid opening without forfeiting the security.

    Winning a Public Contract

    • A public contract is binding from the date it is awarded. If a contractor fails to undertake the work, the municipality may proceed against the bond.

Source...
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