I'm passing this along as it did not properly post for some reason. Chuck From: Jack Mihalik [mailto:JackM@hummelandlewis.com] Sent: Wednesday, October 21, 2015 12:25 PM To: Pmlsolicitors Subject: RFP'S OR COMPETIVE BIDDING FOR PURCHASE OF REAL ESTATE I am the solicitor for the Town of Bloomsburg, the "only Town" in Pennsylvania with the thinnest section in Purdons. In any event, the Town is entering into a contract for the purchase of a building to house its police department. A citizen has questioned the lack of an RFP and competive bidding. Neither the Borough Code nor the Town Code require RFP's for real estate. Both codes have a section that deals with the regulation of contracts that require competive bidding for "contracts or purchases" in excess of a certain amount. I have always viewed these sections applying to the purchase of personal property and not real estate. I can find no authorities as to whether a sales agreement for the purchase of real estate is a "contract" governed by these sections. The building that the Town wishes to buy is perfect for use as a police station. Soliciting bids may require the Town to purchase a lot or a building far from the center of Town not to mention other considerations. Have any of you ever dealt with this issue with regard to any municipality? Please advise. Thank you. Jack John A. Mihalik, Esquire Hummel & Lewis, LLP 3 East Fifth Street Bloomsburg, PA 17815 570/784-7516 570/387-8132 (fax) CONFIDENTIALITY NOTICE: The information contained in this electronic mail transmission (including any accompanying attachments) is intended solely for its authorized recipient(s) and may be confidential and/or legally privileged. Nothing in this email is intended to constitute a waiver of any privilege or the confidentiality of this message (including any attachments). If you are not an intended recipient or responsible for delivering some or all of this transmission to an intended recipient, you have received this transmission in error and are hereby notified that you are strictly prohibited from reading, copying, printing, distributing, or disclosing any of the information contained therein. In that event, please contact us immediately by telephone (570/784-7516) or by reply email and destroy the original and all copies of this transmission (including any attachments) without reading or saving in any manner. NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, this firm is not your legal representative and you should not rely upon any opinions contained in this message. IRS CIRCULAR 230 NOTICE: To ensure compliance with certain regulations promulgated by the U.S. Internal Revenue Service, we inform you that any federal tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, by any taxpayer for the purpose of (1) avoiding tax-related penalties under the U.S. Internal Revenue Code, or (2) promoting, marketing, or recommending to another party any tax-related matter addressed herein, unless expressly stated otherwise.