62 Pa.C.S. § 101
Short title of part
This part shall be known and may be cited as the Commonwealth Procurement Code.
Pennsylvania Consolidated Statutes Title 62 — PROCUREMENT
Pennsylvania · statute · 62 Pa.C.S. · 164 active provisions
62 Pa.C.S. § 102
Application of part
(a) Application to Commonwealth procurement.--This part applies to every expenditure of funds, other than the investment of funds, by Commonwealth agencies under any contract, irrespective of their source, including Federal assistance moneys except as specified in section 2108 (relating to compliance with Federal requi…
62 Pa.C.S. § 103
Definitions
Subject to additional definitions contained in subsequent provisions of this part which are applicable to specific provisions of this part, the following words and phrases when used in this part shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Bidder." A person that…
62 Pa.C.S. § 104
General principles of law otherwise applicable
Unless displaced by the particular provisions of this part, existing Pennsylvania law, including Title 13 (relating to commercial code), shall supplement the provisions of this part.
62 Pa.C.S. § 105
Determinations
Written determinations required by this part shall be retained in the appropriate official contract file.
62 Pa.C.S. § 106.1
Public access to procurement records
(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 procurement documents on the department's…
62 Pa.C.S. § 107
Reciprocal limitations
(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), known as the Reciprocal Limitations A…
62 Pa.C.S. § 108
Recycled materials
(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) Preference for recycled content.--For contr…
62 Pa.C.S. § 301
Procurement responsibility
(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 (relating to procurement policy). The procu…
62 Pa.C.S. § 311
Powers and duties
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 matters of policy within the provisions of…
62 Pa.C.S. § 312
Procurement regulations
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 responsibility). The regulations shall be subject t…
62 Pa.C.S. § 321
Powers and duties
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 department acts as purchasing agency. Procureme…
62 Pa.C.S. § 322
Specific construction powers, duties and procedures
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 agency employees or by inmates or patients of…
62 Pa.C.S. § 326
Board of Commissioners of Public Grounds and Buildings
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 effective unless, upon review, it is appro…
62 Pa.C.S. § 327
Office of the Budget
(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, services and construction. (b) Contrac…
62 Pa.C.S. § 331
Collection of data concerning public procurement
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 and construction.
62 Pa.C.S. § 332
Advisory groups
(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 for improvement of the procurement proc…
62 Pa.C.S. § 501
Definitions
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 maintained by a manufacturer or contract…
62 Pa.C.S. § 511
Methods of source selection
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 (relating to competitive sealed proposals…
62 Pa.C.S. § 512
Competitive sealed bidding
(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 and all contractual terms, whenever practi…
62 Pa.C.S. § 512.1
Competitive electronic auction bidding
(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…
62 Pa.C.S. § 513
Competitive sealed proposals
(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.--Proposals shall be solicited through a request…
62 Pa.C.S. § 514
Small procurements
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 agency. The head of the purchasing agen…
62 Pa.C.S. § 515
Sole source procurement
(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 or construction. (2) A Federal or State…
62 Pa.C.S. § 516
Emergency procurement
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 using more formal competitive methods. Whe…
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