Title 62, PROCUREMENT

2008 Repeal. Section 106 was repealed February 14, 2008 (P.L.6, No.3), effective January 1, 2009. The subject matter is now contained in the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

(a) General rule.--Records concerning a procurement shall be made public, consistent with the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. (b) Public posting and availability of procurement information.--The purchasing agency shall post the following pr…

(a) Short title of section.--This section shall be known and may be cited as the Reciprocal Limitations Act. (b) Legislative findings.--It is hereby determined by the General Assembly to reaffirm the legislative findings contained in the act of November 28, 1986 (P.L.1465, No.146…

(a) Commonwealth agency review.--All Commonwealth agencies shall review their procurement procedures and specifications in accordance with section 1504 of the act of July 28, 1988 (P.L.556, No.101), known as the Municipal Waste Planning, Recycling and Waste Reduction Act. (b) Pre…

(a) General organization.--Formulation of procurement policy governing the procurement, management, control and disposal of supplies, services and construction for executive and independent agencies shall be the responsibility of the department as provided for in Subchapter B (re…

Except as otherwise provided in this part, the department may promulgate regulations governing the procurement, management, control and disposal of any and all supplies, services and construction to be procured by Commonwealth agencies. The department shall consider and decide ma…

Regulations shall be promulgated by the department as provided in 45 Pa.C.S. Part II (relating to publication and effectiveness of Commonwealth documents) and by the appropriate purchasing agencies for those matters contained in section 301(c) (relating to procurement responsibil…

Except as otherwise specifically provided in this part, the department shall have the following powers and duties: (1) Procure or supervise the procurement of all supplies, services and construction needed by executive agencies and those independent agencies for which the departm…

The following procedure shall apply to construction to be completed by the department which costs more than the amount established by the department under section 514 (relating to small procurements) for construction procurement unless the work is to be done by Commonwealth agenc…

No lease of real estate for use by an executive or independent agency and no sole source procurement of supplies, except for computer software updates under $50,000, for an executive or independent agency for which the department acts as the purchasing agency shall be valid or ef…

(a) Encumbrance of funds.--For executive agencies and independent agencies and State-affiliated entities where the department is used as the purchasing agency, the Office of the Budget shall encumber sufficient funds for the payment of all invoices for the procurement of supplies…

All executive and independent agencies shall furnish such reports as the department may require concerning usage, needs and stock on hand, and the department may prescribe the format and forms to be used by the agencies in requisitioning, ordering and reporting supplies, services…

(a) Procurement Advisory Council.--The department may establish a Procurement Advisory Council and allocate funds for it that may be available. If created, the council, upon adequate public notice, shall meet at least once a year for the discussion of problems and recommendations…

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Established catalog price." The price included in a catalog, price list, schedule or other form that: (1) is regularly …

Unless otherwise authorized by law, all Commonwealth agency contracts shall be awarded by competitive sealed bidding under section 512 (relating to competitive sealed bidding) except as provided in: Section 512.1 (relating to competitive electronic auction bidding). Section 513 (…

(a) Conditions for use.--Contracts shall be awarded by competitive sealed bidding except as otherwise provided in section 511 (relating to methods of source selection). (b) Invitation for bids.--An invitation for bids shall be issued and shall include a procurement description an…

(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 auctio…

(a) Conditions for use.--When the contracting officer determines in writing that the use of competitive sealed bidding is either not practicable or advantageous to the Commonwealth, a contract may be entered into by competitive sealed proposals. (b) Request for proposals.--Propos…

If the procurement is not the subject of a Statewide requirements contract between the purchasing agency and a contractor, the head of the purchasing agency may authorize in writing procurements without formal bid procedures, not exceeding the amount established by the purchasing…

(a) General rule.--A contract may be awarded for a supply, service or construction item without competition if the contracting officer first determines in writing that one of the following conditions exists: (1) Only a single contractor is capable of providing the supply, service…

The head of a purchasing agency may make or authorize others to make an emergency procurement when there exists a threat to public health, welfare or safety or circumstances outside the control of the agency create an urgency of need which does not permit the delay involved in us…

(a) Conditions for use.--Contracts may be entered into on a multiple award basis when the head of the purchasing agency determines that one or more of the following criteria is applicable: (1) It is administratively or economically impractical to develop or modify specifications …

(a) Conditions for use.--The services of accountants, clergy, physicians, lawyers, dentists and other professional services which are not performed by other Commonwealth employees shall be procured in accordance with this section except as authorized under section 514 (relating t…

(a) Conditions for use.--Insurance and notary bonds shall be procured by the department in accordance with this section except as authorized under section 515 (relating to sole source procurement) or 516 (relating to emergency procurement). (b) Statement of qualifications.--Insur…

(a) General rule.-- (1) Contracts for supplies manufactured by and services performed by persons with disabilities shall be entered into in accordance with this section without the requirement for competitive bidding. Persons with disabilities must make an appreciable contributio…

An invitation for bids, a request for proposals or other solicitation may be canceled, or any or all bids or proposals may be rejected, at any time prior to the time a contract is executed by all parties when it is in the best interests of the Commonwealth. Bids may be rejected i…

(a) Authority.--After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the head of a purchasing agency, after consultation with the head of the using agency, shall have authority to debar a person from consideration for the award of…

Prospective bidders and offerors may be prequalified for particular types of supplies, services and construction.

(a) Contract for supplies or services.-- (1) In the case of competitive sealed bidding or competitive sealed proposals for a contract for supplies or services, bidders or offerors may be required by the contracting officer to provide bid or proposal security. Bid or proposal secu…

(a) Submission by contractor.--A contractor shall, except as provided in subsection (c), submit cost or pricing data and shall certify that, to the best of its knowledge and belief, the cost or pricing data submitted was accurate, complete and current as of a mutually determined …

No contract for printing shall be entered into with any person until the purchasing agency is satisfied that the person is the owner or lessee of machinery and equipment necessary to properly and promptly perform any orders issued to the person under the proposed printing contrac…

No contract type shall be used unless it has been determined in writing by the head of the purchasing agency that: (1) The proposed contractor's accounting system will permit timely development of all necessary cost data in the form required by the specific contract type contempl…

(a) Specified period.--A contract for supplies, construction or services may be entered into for a period of time deemed to be in the best interests of the Commonwealth. The term of the contract and conditions of renewal or extension, if any, shall be included in the solicitation…

(a) General rule.--Irrespective of the type of contract, no contract shall be effective until executed by all necessary Commonwealth officials as provided by law. (b) Certain contracts.--Those Statewide requirements contracts where the total dollar purchasing amount, based upon e…

The purchasing agency may, at reasonable times, inspect the part of the plant or place of business of a contractor or any subcontractor which is related to the performance of any contract awarded or to be awarded by the purchasing agency. Cross References. Section 551 is referred…

(a) Audit of cost or pricing data.--The purchasing agency or its designee may, at reasonable times and places, audit the books and records of any person who has submitted cost or pricing data under section 534 (relating to cost or pricing data) to the extent that the books and re…

The determinations required by the following sections are final and conclusive unless they are clearly erroneous, arbitrary, capricious or contrary to law: Section 512(f) (relating to competitive sealed bidding). Section 513(a) and (g) (relating to competitive sealed proposals). …

Collusion among bidders or offerors is unlawful. Every contract, combination or conspiracy which unreasonably restrains trade among bidders or offerors is unlawful. Contracts so arrived at may be declared void at the option of the Commonwealth. In addition to remedies available t…

All procurement records, including any written determinations issued in accordance with section 561 (relating to finality of determinations), shall be retained for a minimum of three years from the date of final payment under the contract and disposed of in accordance with record…

The purchasing agency shall maintain a record listing all contracts made under sections 514 (relating to small procurements), 515 (relating to sole source procurement) and 516 (relating to emergency procurement) for a minimum of three years from the date of final payment under th…

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Design professional services." Those professional services within the scope of the practice of architecture, geology, e…

(a) Requirement for bid or proposal security.--Bidders or offerors may be required to provide bid or proposal security for construction contracts. Bid or proposal security shall be in the form of a certified or bank check or a bond provided by a surety company authorized to do bu…

(a) When required and amounts.--For construction contracts awarded for amounts between $25,000 and $100,000, the purchasing agency shall require contract performance security, in an amount equal to at least 50% of the contract price, as the purchasing agency in its discretion det…

(a) Copies of bonds.--The purchasing agency shall furnish a copy of any payment bond and the contract for which the bond was given to any person who makes an application for the copy. (b) Fee for copies.--Each applicant shall pay for each copy of any payment bond a fee fixed by t…

(a) Applicability.--Design professional services shall be procured as provided in this section except as authorized by sections 514 (relating to small procurements), 515 (relating to sole source procurement) and 516 (relating to emergency procurement). (b) Policy.--It is the poli…