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Extra - Title Notes - Special Provisions in Appendix. See sections 4, 5 and 7...
Extra - Appendix To Title - APPENDIX TO TITLE 62 PROCUREMENT Supplementary Provisions of Amendatory Statutes...
Chapter 1 - General Provisions
Extra - Chapter Notes - Enactment. Chapter 1 was added May 15, 1998, P.L.358, No.57,...
Section 101 - Short title of part - This part shall be known and may be cited as...
Section 102 - Application of part - (a) Application to Commonwealth procurement.--This part applies to every expenditure...
Section 103 - Definitions - Subject to additional definitions contained in subsequent provisions of this...
Section 104 - General principles of law otherwise applicable - Unless displaced by the particular provisions of this part, existing...
Section 105 - Determinations - Written determinations required by this part shall be retained in...
Section 106 - Public access to procurement information (Repealed) - 2008 Repeal. Section 106 was repealed February 14, 2008 (P.L.6,...
Section 106.1 - Public access to procurement records - (a) General rule.--Records concerning a procurement shall be made public,...
Section 107 - Reciprocal limitations - (a) Short title of section.--This section shall be known and...
Section 108 - Recycled materials - (a) Commonwealth agency review.--All Commonwealth agencies shall review their procurement...
Chapter 3 - Procurement Organization
Extra - Chapter Notes - Enactment. Chapter 3 was added May 15, 1998, P.L.358, No.57,...
Section 301 - Procurement responsibility - (a) General organization.--Formulation of procurement policy governing the procurement, management,...
Section 311 - Powers and duties - Except as otherwise provided in this part, the department may...
Section 312 - Procurement regulations - Regulations shall be promulgated by the department as provided in...
Section 321 - Powers and duties - Except as otherwise specifically provided in this part, the department...
Section 322 - Specific construction powers, duties and procedures - The following procedure shall apply to construction to be completed...
Section 326 - Board of Commissioners of Public Grounds and Buildings - No lease of real estate for use by an executive...
Section 327 - Office of the Budget - (a) Encumbrance of funds.--For executive agencies and independent agencies and...
Section 331 - Collection of data concerning public procurement - All executive and independent agencies shall furnish such reports as...
Section 332 - Advisory groups - (a) Procurement Advisory Council.--The department may establish a Procurement Advisory...
Chapter 5 - Source Selection and Contract Formation
Extra - Chapter Notes - Enactment. Chapter 5 was added May 15, 1998, P.L.358, No.57,...
Section 501 - Definitions - The following words and phrases when used in this chapter...
Section 511 - Methods of source selection - Unless otherwise authorized by law, all Commonwealth agency contracts shall...
Section 512 - Competitive sealed bidding - (a) Conditions for use.--Contracts shall be awarded by competitive sealed...
Section 512.1 - Competitive electronic auction bidding - (a) Conditions for use.--If the purchasing agency determines in writing...
Section 513 - Competitive sealed proposals - (a) Conditions for use.--When the contracting officer determines in writing...
Section 514 - Small procurements - If the procurement is not the subject of a Statewide...
Section 515 - Sole source procurement - (a) General rule.--A contract may be awarded for a supply,...
Section 516 - Emergency procurement - The head of a purchasing agency may make or authorize...
Section 517 - Multiple awards - (a) Conditions for use.--Contracts may be entered into on a...
Section 518 - Competitive selection procedures for certain services - (a) Conditions for use.--The services of accountants, clergy, physicians, lawyers,...
Section 519 - Selection procedure for insurance and notary bonds - (a) Conditions for use.--Insurance and notary bonds shall be procured...
Section 520 - Supplies manufactured and services performed by persons with disabilities - (a) General rule.-- (1) Contracts for supplies manufactured by and...
Section 521 - Cancellation of invitations for bids or requests for proposals - An invitation for bids, a request for proposals or other...
Section 531 - Debarment or suspension - (a) Authority.--After reasonable notice to the person involved and reasonable...
Section 532 - Prequalification of bidders and offerors - Prospective bidders and offerors may be prequalified for particular types...
Section 533 - Security and performance bonds - (a) Contract for supplies or services.-- (1) In the case...
Section 534 - Cost or pricing data - (a) Submission by contractor.--A contractor shall, except as provided in...
Section 535 - Printing - No contract for printing shall be entered into with any...
Section 541 - Approval of accounting system - No contract type shall be used unless it has been...
Section 542 - Multiterm contracts - (a) Specified period.--A contract for supplies, construction or services may...
Section 543 - Effective contracts - (a) General rule.--Irrespective of the type of contract, no contract...
Section 551 - Right to inspect plant - The purchasing agency may, at reasonable times, inspect the part...
Section 552 - Right to audit records - (a) Audit of cost or pricing data.--The purchasing agency or...
Section 561 - Finality of determinations - The determinations required by the following sections are final and...
Section 562 - Anticompetitive practices - Collusion among bidders or offerors is unlawful. Every contract, combination...
Section 563 - Retention of procurement records - All procurement records, including any written determinations issued in accordance...
Section 564 - Record of certain actions - The purchasing agency shall maintain a record listing all contracts...
Chapter 7 - (Reserved)
Extra - Chapter Notes - Enactment. Chapter 7 (Reserved) was added May 15, 1998, P.L.358,...
Chapter 9 - Procurement of Construction and Design Professional Services
Extra - Chapter Notes - Enactment. Chapter 9 was added May 15, 1998, P.L.358, No.57,...
Section 901 - Definitions - The following words and phrases when used in this chapter...
Section 902 - Bid or proposal security - (a) Requirement for bid or proposal security.--Bidders or offerors may...
Section 903 - Contract performance security and payment bonds - (a) When required and amounts.--For construction contracts awarded for amounts...
Section 904 - Copies of bonds - (a) Copies of bonds.--The purchasing agency shall furnish a copy...
Section 905 - Procurement of design professional services - (a) Applicability.--Design professional services shall be procured as provided in...
Section 906 - Letters of intent - Before a contract for construction is effective, the head or...
Section 907 - Procurement of right-of-way acquisition assistance services - Right-of-way acquisition assistance services to be provided in conjunction with...
Chapter 11 - (Reserved)
Extra - Chapter Notes - Enactment. Chapter 11 (Reserved) was added May 15, 1998, P.L.358,...
Chapter 13 - (Reserved)
Extra - Chapter Notes - Enactment. Chapter 13 (Reserved) was added May 15, 1998, P.L.358,...
Chapter 15 - Supply Management
Extra - Chapter Notes - Enactment. Chapter 15 was added May 15, 1998, P.L.358, No.57,...
Section 1501 - Definitions - The following words and phrases when used in this chapter...
Section 1502 - Supply management regulations - For executive and independent agencies, the department shall establish policy...
Section 1503 - Proceeds from sale or disposal of surplus supplies - The proceeds from the sale, lease or disposal of surplus...
Section 1504 - Exception - This chapter shall not apply to actions taken by the...
Chapter 17 - Legal and Contractual Remedies
Extra - Chapter Notes - Enactment. Chapter 17 was added May 15, 1998, P.L.358, No.57,...
Section 1701 - Definitions - The following words and phrases when used in this chapter...
Section 1702 - Sovereign immunity - (a) General rule.--The General Assembly under section 11 of Article...
Section 1711 - Authority to resolve protests of solicitations or awards (Repealed) - 2002 Repeal Note. Section 1711 was repealed December 3, 2002,...
Section 1711.1 - Protests of solicitations or awards - (a) Right to protest.--A bidder or offeror, a prospective bidder...
Section 1711.2 - Solicitations or awards contrary to law - If the head of a purchasing agency or his designee...
Section 1712 - Authority to resolve contract and breach of contract controversies (Repealed) - 2002 Repeal Note. Section 1712 was repealed December 3, 2002,...
Section 1712.1 - Contract controversies - (a) Right to claim.--A contractor may file a claim with...
Section 1721 - Board of Claims - (a) Establishment.--There is hereby established an independent administrative board to...
Section 1722 - Powers and duties of board - The board shall do all of the following: (1) Employ...
Section 1723 - Employees and hearing panel members - (a) Employees.--Employees of the board shall, for the purposes of...
Section 1724 - Jurisdiction - (a) Exclusive jurisdiction.--The board shall have exclusive jurisdiction to arbitrate...
Section 1725 - Procedure - (a) Statement of claim.--The board shall accept a statement of...
Section 1726 - Payment of awards and costs - If an award against the purchasing agency was ordered, the...
Section 1751 - Interest - Interest on amounts ultimately determined to be due shall be...
Chapter 19 - Intergovernmental Relations
Extra - Chapter Notes - Enactment. Chapter 19 was added May 15, 1998, P.L.358, No.57,...
Section 1901 - Definitions - The following words and phrases when used in this chapter...
Section 1902 - Cooperative purchasing authorized - A public procurement unit may either participate in, sponsor, conduct...
Section 1903 - Sale, acquisition or use of supplies by a public procurement unit - A public procurement unit may sell to, acquire from or...
Section 1904 - Cooperative use of supplies or services - A public procurement unit may enter into an agreement, independent...
Section 1905 - Joint use of facilities - Any public procurement unit may enter into agreements for the...
Section 1906 - Supply of personnel, information and technical services - (a) Supply of personnel.--Upon written request from another public procurement...
Section 1907 - Use of payments received by a supplying public procurement unit - All payments from any public procurement unit or external procurement...
Section 1908 - Compliance of public procurement units - Where the public procurement unit or external procurement activity administering...
Section 1909 - Review of procurement requirements - To the extent possible, the department may collect information concerning...
Section 1910 - Contract controversies - (a) Public procurement unit subject to certain legal and contractual...
Section 1911 - Immunity - A public procurement unit which provides personnel, property, supplies or...
Section 1912 - Investment management agreements - This chapter shall not apply to any contract for investment...
Section 1913 - Cooperative purchase of fire, rescue and ambulance company supplies - (a) Contract for supplies.--The department shall enter into and make...
Chapter 21 - Small and Disadvantaged Businesses
Extra - Chapter Notes - Enactment. Chapter 21 was added May 15, 1998, P.L.358, No.57,...
Section 2101 - Policy - The policy of this Commonwealth is to assist small and...
Section 2102 - Definitions - Subject to section 2103 (relating to regulations), the following words...
Section 2103 - Regulations - The department shall establish policy for executive and those independent...
Section 2104 - Duties of department - The department shall have the following duties: (1) Where feasible,...
Section 2105 - Bonding and progress payments - (a) Bonding.--Notwithstanding other provisions of this part, a purchasing agency...
Section 2106 - Business assistance offices - The department shall establish, as it deems appropriate, business assistance...
Section 2107 - Report to General Assembly - The department shall annually, before October 1, report in writing...
Section 2108 - Compliance with Federal requirements - If a procurement involves the expenditure of Federal assistance or...
Chapter 22 - Diverse and Disadvantaged Businesses
Extra - Chapter Notes - Enactment. Chapter 22 was added November 21, 2016, P.L.1507, No.171,...
Section 2201 - Definitions - The following words and phrases when used in this chapter...
Section 2202 - Woman-owned business, minority-owned business or veteran-owned business - (a) Department verification.--The following shall apply: (1) The department shall...
Chapter 23 - Ethics in Public Contracting
Extra - Chapter Notes - Enactment. Chapter 23 was added May 15, 1998, P.L.358, No.57,...
Section 2301 - Policy - Public employment is a public trust. It is the policy...
Section 2302 - General standards of ethical conduct - (a) Employees.--Any attempt to realize personal gain through public employment...
Section 2303 - Reporting of breaches of ethical standards - When any person has reason to believe that any breach...
Section 2311 - Bonds - It is a breach of ethical standards and unlawful for...
Chapter 31 - General Provisions
Extra - Chapter Notes - Enactment. Chapter 31 was added May 15, 1998, P.L.358, No.57,...
Section 3101 - Application of part - Except for Chapter 46 (relating to electronic bidding by local...
Section 3102 - Definitions - Subject to additional definitions contained in subsequent provisions of this...
Chapter 33 - Prevention of Environmental Pollution
Extra - Chapter Notes - Enactment. Chapter 33 was added May 15, 1998, P.L.358, No.57,...
Section 3301 - Invitations for bids and requests for proposals - All invitations for bids and requests for proposals for construction...
Section 3302 - Additional work - If the successful bidder or offeror must undertake additional work...
Chapter 35 - Iran-Free Procurement
Extra - Chapter Notes - Enactment. Chapter 35 (Reserved) was added May 15, 1998, P.L.358,...
Section 3501 - Definitions - "Department." The Department of General Services of the Commonwealth. "Energy-related...
Section 3502 - Engaging in investment activities - A person or financial institution engages in an investment activity...
Section 3503 - List of persons engaged in investment activities - (a) List.--The department shall develop a list of persons whom...
Section 3504 - Certification - (a) General rule.--The department shall make available a certification form...
Section 3505 - Penalties for false certification - (a) Penalties.--Subject to the provisions of section 3504(b) (relating to...
Section 3506 - Expiration - The department shall have no obligations under this chapter with...
Chapter 36 - Prohibited Contracts
Extra - Chapter Notes - Enactment. Chapter 36 was added November 4, 2016, P.L.1216, No.163,...
Section 3601 - Short title of chapter - This chapter shall be known and may be cited as...
Section 3602 - Declaration of purpose - The General Assembly finds and declares as follows: (1) Pennsylvania...
Section 3603 - Definitions - The following words and phrases when used in this chapter...
Section 3604 - Prohibition - Notwithstanding any other provision of law and except as provided...
Section 3605 - Certification - The department shall make available a certification form indicating that...
Section 3606 - Penalties for false certification - (a) Penalties.--A company shall pay a civil penalty in the...
Chapter 37 - Contract Clauses and Preference Provisions
Extra - Chapter Notes - Enactment. Chapter 37 was added May 15, 1998, P.L.358, No.57,...
Section 3701 - Contract provisions prohibiting discrimination - Each contract entered into by a government agency for the...
Section 3731 - Short title of subchapter and general provisions - (a) Short title.--This subchapter shall be known and may be...
Section 3732 - Definitions - The following words and phrases when used in this subchapter...
Section 3733 - Police power - This subchapter shall be deemed to be an exercise of...
Section 3734 - Contract provisions - (a) Motor vehicles to be manufactured in North America.--All government...
Section 3735 - Payment under contract and action to recover unauthorized payments - A government agency shall not authorize, provide for or make...
Section 3736 - Penalty - In addition to the withholding of payments, any person who...
Section 3741 - Procurement of mass transportation vehicles - (a) General rule.--Notwithstanding any other provision of law to the...
Section 3742 - Procurement limits for mass transportation authorities - (a) General rule.--Notwithstanding any other provision of law to the...
Section 3746 - Preference - As provided for in the act of April 9, 1982...
Section 3751 - Short title of subchapter - This subchapter shall be known and may be cited as...
Section 3752 - Definitions - The following words and phrases when used in this subchapter...
Section 3753 - Contracting procedures - (a) General rule.--Notwithstanding any other contrary or inconsistent provision of...
Section 3754 - Contract provisions - (a) General rule.--A guaranteed energy savings contract may provide that...
Section 3755 - Funding - (a) General rule.--Guaranteed energy savings contracts which have terms which...
Section 3756 - Commonwealth contracts - In connection with the letting of any guaranteed energy savings...
Section 3757 - Construction - This subchapter shall not be construed to abrogate any duty...
Section 3758 - Review of proposed capital improvement projects - Prior to entering into a guaranteed energy savings contract, every...
Chapter 39 - Contracts for Public Works
Extra - Chapter Notes - Enactment. Chapter 39 was added May 15, 1998, P.L.358, No.57,...
Section 3901 - Application and purpose of chapter - (a) Application.--Except as otherwise specifically provided in this chapter, this...
Section 3902 - Definitions - The following words and phrases when used in this chapter...
Section 3911 - Time for awarding contract - (a) General rule.--In the case of a contract to be...
Section 3912 - Time for executing contract - In the case of a contract entered into by a...
Section 3913 - Release of successful bidder - Failure of the government agency to comply with the requirements...
Section 3921 - Retainage - (a) Contract provision.--A contract may include a provision for the...
Section 3922 - Payment of retainage to subcontractors - In the absence of sufficient reason, within 20 days of...
Section 3931 - Performance by contractor or subcontractor - (a) Entitlement of contractor to payment.--Performance by a contractor in...
Section 3932 - Government agency's progress payment obligations - (a) Payments in accordance with contract.--The government agency shall pay...
Section 3933 - Contractors' and subcontractors' payment obligations - (a) Performance by subcontractor entitles subcontractor to payment.--Performance by a...
Section 3934 - Withholding of payment for good faith claims - (a) When government agency may withhold payment.--The government agency may...
Section 3935 - Penalty and attorney fees - (a) Penalty.--If arbitration or a claim with the Board of...
Section 3936 - Contracts involving Federal aid - If any provision of this chapter conflicts with a Federal...
Section 3937 - Certain provisions unenforceable - A provision in the contract making it subject to the...
Section 3938 - Applicability - (a) Not applicable in certain situations.--This subchapter shall not apply...
Section 3939 - Claims by innocent parties - (a) No obligation to third parties.--The government agency shall have...
Section 3941 - Substantial/final payment under contract - (a) Contract containing provision for retainage.--A contract containing a provision...
Section 3942 - Arbitration - If a dispute should arise between the contractor and the...
Chapter 41 - Purchase of Surplus Federal Property
Extra - Chapter Notes - Enactment. Chapter 41 was added May 15, 1998, P.L.358, No.57,...
Section 4101 - Contracts with United States - Any government agency may enter into a contract with the...
Section 4102 - Bids and down payments - Any government agency authorized to enter into a contract under...
Chapter 43 - Public Facilities Concessions
Extra - Chapter Notes - Enactment. Chapter 43 was added May 15, 1998, P.L.358, No.57,...
Section 4301 - Short title of chapter and general provisions - (a) Short title.--This chapter shall be known and may be...
Section 4302 - Definitions - The following words and phrases when used in this chapter...
Section 4303 - Terms of contracts - (a) General rule.--Each government agency shall require that every contract...
Chapter 45 - Antibid-Rigging
Extra - Chapter Notes - Enactment. Chapter 45 was added May 15, 1998, P.L.358, No.57,...
Section 4501 - Short title of chapter - This chapter shall be known and may be cited as...
Section 4502 - Definitions - The following words and phrases when used in this chapter...
Section 4503 - Prohibited activities - (a) Bid-rigging unlawful.--It is unlawful for any person to conspire,...
Section 4504 - Civil action and damages - (a) Government agency to have right of action.--Any government agency...
Section 4505 - Suspension or debarment - (a) Maximum suspension or debarment.--A government agency proceeding under its...
Section 4506 - Liability for increased costs - A person who enters into a contract with a government...
Section 4507 - Noncollusion affidavits - Noncollusion affidavits may be required by rule or regulation of...
Section 4508 - Responsibility for enforcement - (a) Criminal prosecution.--The Office of Attorney General and the district...
Section 4509 - Investigation - (a) Required attendance.--Whenever the Office of Attorney General believes that...
Chapter 46 - Electronic Bidding by Local Government Units.
Extra - Chapter Notes - Enactment. Chapter 46 was added July 7, 2006, P.L.600, No.88,...
Section 4601 - Short title of chapter - This chapter shall be known and may be cited as...
Section 4602 - Definitions - The following words and phrases when used in this chapter...
Section 4603 - Electronic bidding - Notwithstanding any other provision of law concerning the requirements for...
Section 4604 - Competitive electronic auction bidding - (a) Conditions for use.--Notwithstanding any other provision of law concerning...