62 Pa.C.S. § 561 — PA Code / Title 62 / Chapter 5 / Section 561
Finality of determinations.
Status: in_force

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). Section 515 (relating to sole source procurement). Section 516 (relating to emergency procurement). Section 518(e) (relating to competitive selection procedures for certain services). Section 519(f) (relating to selection procedure for insurance and notary bonds). Section 534(c) (relating to cost or pricing data). Section 541 (relating to approval of accounting system). Cross References. Section 561 is referred to in section 563 of this title.
62 Pa.C.S. § 1725 — PA Code / Title 62 / Chapter 17 / Section 1725
Procedure.
Status: in_force

(a) Statement of claim.--The board shall accept a statement of claim filed in accordance with section 1724 (relating to jurisdiction). The statement of claim shall be signed and verified. Prior to accepting a statement of claim, the board shall require a claimant to prove that the respondent was mailed a copy of the statement of claim. If the respondent is a Commonwealth agency, upon accepting a statement of claim the board shall deliver one copy to the Attorney General.

(b) Response.--Within 30 days of a statement of claim being filed, the respondent shall file with the board a response to the averments of the claimant's statement of claim. The response shall be signed and verified. Prior to accepting a response, the board shall require a respondent to prove that the claimant was mailed a copy of the response.

(c) Listing.--

(1) After the pleadings are complete, the board shall list the case for hearing before the board at the earliest available date, but not earlier than 30 days after the pleadings are complete. All cases shall, as far as practicable, be listed for hearing in the order of the date of the filing of the respective statements of claim. The board shall provide the parties with 30 days' written notice of the time and place of the hearing.

(2) If a decision by the board is unlikely to be made within 60 days from the date of the hearing, the board may refer the case, together with all pleadings, to the hearing panel where the non-Commonwealth party resides. The hearing panel shall list the case for hearing at the earliest available date after receipt of the case from the board. All cases shall, as far as practicable, be listed for hearing in the order of the date of the filing of the respective statements of claim. The hearing panel shall provide the parties with 30 days' written notice of the time and place of the hearing.

(d) Hearing.--

(1) The board shall hold the hearing at the place and time determined by the board. All hearings shall be public. All matters before the board shall be governed by rules established by the board. The board shall have power to issue subpoenas requiring the attendance and giving of testimony of witnesses or the production of any book, paper, documentary or other evidence and to order the interpleader or impleader of other parties whenever necessary for a complete determination of any claim or counterclaim.

(2) If the matter was referred to a hearing panel, the hearing panel shall hold the hearing at the place and time determined by the panel. All hearings shall be public. All matters before the hearing panel shall be governed by rules established by the board. The hearing panel shall have power to issue subpoenas requiring the attendance and giving of testimony of witnesses or the production of any book, paper, documentary or other evidence and to order the interpleader or impleader of other parties whenever necessary for a complete determination of any claim or counterclaim.

(e) Decision.--

(1) After considering the pleadings and the testimony given at the hearing before it, the board shall file a written opinion either dismissing the claim of the claimant or ordering an award in favor of the claimant. If the board orders an award, the board shall order an amount which the claimant is legally entitled to receive. The board in dismissing any claim or ordering any award shall dispose of all costs of the proceedings by providing for the payment of costs by the claimant or the respondent or by providing that the costs shall be shared by the parties in proportion as the board in its discretion shall direct. Costs shall include witness fees and expenses. The board shall, under the seal of the board, immediately notify the parties involved of the entry of a final order.

(2) If the hearing was before a hearing panel, the hearing panel shall make its recommendation or recommendations to the board within 30 days of the hearing. After considering the hearing panel's recommendation, the board shall file a written opinion either dismissing the claim of the claimant or ordering an award in favor of the claimant. If the board orders an award, the board shall order

an amount which the claimant is legally entitled to receive. The board in dismissing any claim or ordering any award shall dispose of all costs of the proceedings by providing for the payment of costs by the claimant or the respondent or by providing that the costs shall be shared by the parties in proportion as the board in its discretion shall direct. Costs shall include witness fees and expenses. The board shall, under the seal of the board, immediately notify the parties involved of the entry of a final order.

(f) Appeals.--Within 30 days of a final order being entered, a party may file an appeal with Commonwealth Court in accordance with 42 Pa.C.S. § 763 (relating to direct appeals from government agencies).

(g) Copies.--The board may not charge the Commonwealth for copies of documents filed with the board or for copies of transcripts and exhibits.
62 Pa.C.S. § 2105 — PA Code / Title 62 / Chapter 21 / Section 2105
Bonding and progress payments.
Status: in_force

(a) Bonding.--Notwithstanding other provisions of this part, a purchasing agency may reduce the level or change the types of bonding normally required or accept alternative forms of

security to the extent reasonably necessary to encourage procurement from small and disadvantaged businesses.

(b) Progress payments.--A purchasing agency may make special provisions for progress payments as it deems reasonably necessary to encourage procurement from small and disadvantaged businesses.
62 Pa.C.S. § 514 — PA Code / Title 62 / Chapter 5 / Section 514
Small procurements.
Status: in_force

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 agency may authorize procurement of the supply or service on a no-bid basis for procurements which do not exceed the amount established by the head of the purchasing agency for small, no-bid procurements. The head of the purchasing agency may authorize procurement on a no-bid basis for construction projects that do not exceed a total construction cost of $10,000. The amount of $10,000 shall be adjusted annually by the department to reflect the annual percentage change in the Composite Construction Cost Index of the United States Department of Commerce occurring in the one-year period ending December 31 of each year. Procurement requirements shall not be artificially divided so as to constitute a small procurement under this section. Small procurements shall be made in accordance with the requirements of the written authorization and this section. Records of all small procurements shall be transmitted to the purchasing agency. (Dec. 3, 2002, P.L.1147, No.142, eff. imd.) Cross References. Section 514 is referred to in sections 107, 108, 322, 327, 511, 515, 518, 564, 905 of this title; section 13A06 of Title 65 (Public Officers).
62 Pa.C.S. § 2108 — PA Code / Title 62 / Chapter 21 / Section 2108
Compliance with Federal requirements.
Status: in_force

If a procurement involves the expenditure of Federal assistance or contract funds, the purchasing agency shall comply with Federal law and authorized regulations which are mandatorily applicable and which are not presently reflected in this part. Cross References. Section 2108 is referred to in section 102 of this title; section 303 of Title 74 (Transportation).
62 Pa.C.S. § 1904 — PA Code / Title 62 / Chapter 19 / Section 1904
Cooperative use of supplies or services.
Status: in_force

A public procurement unit may enter into an agreement, independent of the requirements of Chapters 5 (relating to source selection and contract formation) and 15 (relating to supply management), with any other public procurement unit or external procurement activity for the cooperative use of supplies or services under the terms agreed upon between the parties.
62 Pa.C.S. § 4602 — PA Code / Title 62 / Chapter 46 / Section 4602
Definitions.
Status: in_force

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:

"Local government unit." A county, city, borough, incorporated town, township, school district, vocational school district, county institution district, home rule municipality, local authority or any joint or cooperative body of local government units or any instrumentality, authority or corporation thereof which has authority to enter into a contract.
62 Pa.C.S. § 3933 — PA Code / Title 62 / Chapter 39 / Section 3933
Contractors' and subcontractors' payment obligations.
Status: in_force

(a) Performance by subcontractor entitles subcontractor to payment.--Performance by a subcontractor in accordance with the provisions of the contract shall entitle the subcontractor to payment from the party with whom the subcontractor has contracted. For purposes of this section, the contract between the contractor and subcontractor is presumed to incorporate the terms of the contract between the contractor and the government agency.

(b) Disclosure of progress payment due dates.--A contractor or subcontractor shall disclose to a subcontractor, before a subcontract is executed, the due date for receipt of progress payments from the government agency. Notwithstanding any other provisions of this subchapter, if a contractor or a subcontractor fails to accurately disclose the due date to a subcontractor, the contractor or subcontractor shall be obligated to pay the subcontractor as though the due dates established in subsection (c) were met by the government agency. This subsection shall not apply to a change in due dates because of conditions outside of the contractor's control, including, but not limited to, design changes, change orders or delays in construction due to weather conditions.

(c) Payment.--When a subcontractor has performed in accordance with the provisions of the contract, a contractor shall pay to the subcontractor, and each subcontractor shall in turn pay to its subcontractors, the full or proportional amount received for each such subcontractor's work and material, based on work completed or services provided under the subcontract, 14 days after receipt of a progress payment. Payment shall be made under this section unless it is being withheld under section 3934 (relating to withholding of payment for good faith claims).

(d) Interest due when progress payment not timely.--If any progress payment is not made to a subcontractor by the due date established in the contract or in subsection (c), the contractor shall pay to the subcontractor, in addition to the amount due, interest as computed in section 3932(c) (relating to government agency's progress payment obligations).

(e) When interest payment not required.--In the event that the contract does not contain a grace period and if a subcontractor is not paid by the payment date required by subsection (c), no interest penalty payment required under this section shall be paid if payment is made on or before the 15th calendar day after the payment date required under this subchapter.
62 Pa.C.S. § 3746 — PA Code / Title 62 / Chapter 37 / Section 3746
Preference.
Status: in_force

As provided for in the act of April 9, 1982 (P.L.314, No.89), known as the Pennsylvania Used Oil Recycling Act, government agencies and persons holding contracts with government agencies shall encourage and, to the extent possible, require the procurement and purchase of recycled oil products as substantially equivalent to products made from new oil.
62 Pa.C.S. § 1712.1 — PA Code / Title 62 / Chapter 17 / Section 1712.1
Contract controversies.
Status: in_force

(a) Right to claim.--A contractor may file a claim with the contracting officer in writing for controversies arising from a contract entered into by the Commonwealth.

(b) Filing of claim.--A claim shall be filed with the contracting officer within six months of the date it accrues. If a contractor fails to file a claim or files an untimely claim, the contractor is deemed to have waived its right to assert a claim in any forum. Untimely filed claims shall be disregarded by the contracting officer.

(c) Contents of claim.--A claim shall state all grounds upon which the contractor asserts a controversy exists.

(d) Determination.--The contracting officer shall review a claim and issue a final determination in writing regarding the claim within 120 days of the receipt of the claim unless extended by consent of the contracting officer and the contractor. If the contracting officer fails to issue a final determination within the 120 days unless extended by consent

of the parties, the claim shall be deemed denied. The determination of the contracting officer shall be the final order of the purchasing agency.

(e) Statement of claim.--Within 15 days of the mailing date of a final determination denying a claim or within 135 days of filing a claim if no extension is agreed to by the parties, whichever occurs first, the contractor may file a statement of claim with the board.

(f) Applicability.--The provisions of 2 Pa.C.S. (relating to administrative law and procedure) shall not apply to this section. (Dec. 3, 2002, P.L.1147, No.142, eff. imd.) 2002 Amendment. Act 142 added section 1712.1. Cross References. Section 1712.1 is referred to in sections 1702, 1724 of this title.
62 Pa.C.S. § 1721 — PA Code / Title 62 / Chapter 17 / Section 1721
Board of Claims.
Status: in_force

(a) Establishment.--There is hereby established an independent administrative board to be known as the Board of Claims. Administrative services for the board shall be provided by the Department of the Auditor General.

(b) Composition.--The board shall consist of three members appointed by the Governor by and with the advice and consent of a majority of the elected members of the Senate. One member shall be an attorney and another shall be a registered civil engineer. The third member of the board shall be a citizen and resident of this Commonwealth. The attorney shall serve as chairman of the board.

(c) Term.--A member of the board shall be appointed for a term of eight years. In the event a vacancy shall occur during a term of office, the Governor shall appoint a successor who shall hold office for the remainder of the unexpired term. A member of the board may be removed by the Governor for inefficiency, neglect of duty or malfeasance in office.

(d) Compensation.--A member of the board shall receive an annual compensation as fixed by the Executive Board, subject to the annual cost-of-living adjustment provided for in section 3(e) of the act of September 30, 1983 (P.L.160, No.39), known as the Public Official Compensation Law. A member of the board shall be entitled to all necessary travel and other expenses incurred by him in the discharge of his official duties. A member shall hold no other public position to which a salary is attached. Continuation of Existing Members. Section 21.1 of Act 142 of 2002 provided that a member of the Board of Claims as of the effective date of Act 142 shall continue to serve as a member of the board until the member's present term expires or until a successor has been appointed and qualified. Cross References. Section 1721 is referred to in section 1701 of this title.
62 Pa.C.S. § 3755 — PA Code / Title 62 / Chapter 37 / Section 3755
Funding.
Status: in_force

(a) General rule.--Guaranteed energy savings contracts which have terms which extend beyond one fiscal year of the governmental unit must include a provision which allows the governmental unit to terminate the contract if in any fiscal year during the term of the contract the governmental unit does not receive sufficient funds in its annual appropriations to make the payments required under the contract.

(b) Funds.--A governmental unit may use funds designated for operating, utilities or capital expenditures for any guaranteed energy savings contract, including, without limitation, for purchases on an installment payment or lease purchase basis.

(c) Grants, subsidies or other payments.--Grants, subsidies or other payments from the Commonwealth to a governmental unit shall not be reduced as a result of energy conservation measure cost savings obtained as a result of a guaranteed energy savings contract during the life of the contract. (Nov. 4, 2016, P.L.1216, No.163, eff. 60 days) 2016 Amendment. Act 163 amended subsec. (c).
62 Pa.C.S. § 1912 — PA Code / Title 62 / Chapter 19 / Section 1912
Investment management agreements.
Status: in_force

This chapter shall not apply to any contract for investment management services or any proposed contract for such services between a local public procurement unit and the Treasury Department.
62 Pa.C.S. § 4 — PA Code / Title 62 / Chapter 4 / Section 4
Legislative intent.
Status: in_force

Except as otherwise provided, this act is intended to provide a complete and exclusive procedure to govern the procurement by Commonwealth agencies of supplies, services and construction, including the disposal of surplus supplies. Explanatory Note. Act 57 added Parts I and II of Title 62.
62 Pa.C.S. § 3506 — PA Code / Title 62 / Chapter 35 / Section 3506
Expiration.
Status: in_force

The department shall have no obligations under this chapter with respect to a company engaged in business activities in Iran upon the occurrence of any of the following:

(1) Iran does not appear on the List of State Sponsors of Terrorism.

(2) The President or Congress of the United States, through legislation or executive order, declares that mandatory divestment of the type provided for in this chapter interferes with the conduct of United States foreign policy. (Oct. 21, 2014, P.L.2517, No.149, eff. July 1, 2015) 2014 Amendment. Act 149 added section 3506.
62 Pa.C.S. § 3942 — PA Code / Title 62 / Chapter 39 / Section 3942
Arbitration.
Status: in_force

If a dispute should arise between the contractor and the government agency over the payment of retainages and final payment, then the dispute shall be arbitrated under the applicable terms of the contract. If the contract contains no provision for arbitration, then both parties may mutually agree to arbitrate the dispute under the rules of the American Arbitration Association or in accordance with 42 Pa.C.S. Ch. 73 (relating to arbitration). In any event, either party shall have the right of appeal from any decision and award as provided by law.
62 Pa.C.S. § 563 — PA Code / Title 62 / Chapter 5 / Section 563
Retention of procurement records.
Status: in_force

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 records retention guidelines and schedules as provided by law. In accordance with applicable law, all retained documents shall be made available to the State Treasurer, Auditor General, General Counsel, Inspector General and Attorney General upon request. Cross References. Section 563 is referred to in sections 106.1, 561, 9119 of this title.
62 Pa.C.S. § 511 — PA Code / Title 62 / Chapter 5 / Section 511
Methods of source selection.
Status: in_force

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). Section 514 (relating to small procurements). Section 515 (relating to sole source procurement). Section 516 (relating to emergency procurement). Section 517 (relating to multiple awards). Section 518 (relating to competitive selection procedures for certain services). Section 519 (relating to selection procedure for insurance and notary bonds). Section 520 (relating to supplies manufactured and services performed by persons with disabilities). Section 905 (relating to procurement of design professional services). (Dec. 3, 2002, P.L.1147, No.142, eff. imd.) Cross References. Section 511 is referred to in sections 322, 512 of this title.
62 Pa.C.S. § 1712 — PA Code / Title 62 / Chapter 17 / Section 1712
Authority to resolve contract and breach of contract controversies (Repealed).
Status: repealed

2002 Repeal Note. Section 1712 was repealed December 3, 2002, P.L.1147, No.142, effective immediately.
62 Pa.C.S. § 3934 — PA Code / Title 62 / Chapter 39 / Section 3934
Withholding of payment for good faith claims.
Status: in_force

(a) When government agency may withhold payment.--The government agency may withhold payment for deficiency items according to terms of the contract. The government agency shall pay the contractor according to the provisions of this subchapter for all other items which appear on the application for payment and have been satisfactorily completed. The contractor may withhold payment from any subcontractor responsible for a deficiency item. The contractor shall pay any subcontractor according to the provisions of this subchapter for any item which appears on the application for payment and has been satisfactorily completed.

(b) Notification when payment withheld for deficiency item.--If a government agency withholds payment from a contractor for a deficiency item, it shall notify the contractor of the deficiency item within the time period specified in the contract or 15 calendar days of the date that the application for payment is received. If a contractor withholds payment from a subcontractor for a deficiency item, it must notify the subcontractor or supplier and the government agency of the reason within 15 calendar days of the date after receipt of the notice of the deficiency item from the government agency. Cross References. Section 3934 is referred to in sections 3933, 3935 of this title.
62 Pa.C.S. § 3756 — PA Code / Title 62 / Chapter 37 / Section 3756
Commonwealth contracts.
Status: in_force

In connection with the letting of any guaranteed energy savings contract for a governmental unit under this subchapter, the department shall have the power to waive the process for selection of architects or engineers otherwise prescribed under section 905 (relating to procurement of design professional services). In exercising its discretion under this section, the department shall consider the best interests of this Commonwealth and any relevant circumstances peculiar to the proposed contract.
62 Pa.C.S. § 4603 — PA Code / Title 62 / Chapter 46 / Section 4603
Electronic bidding.
Status: in_force

Notwithstanding any other provision of law concerning the requirements for competitive bidding for purchases and contracts by a local government unit, a local government unit may permit the electronic submission of bids and may receive bids electronically if the local government unit has the electronic capability to maintain the confidentiality of the bid until the bid opening time.
62 Pa.C.S. § 3505 — PA Code / Title 62 / Chapter 35 / Section 3505
Penalties for false certification.
Status: in_force

(a) Penalties.--Subject to the provisions of section 3504(b) (relating to certification), if the department determines that a person has provided a false certification form to a Commonwealth entity under section 3504, the person shall be subject to the following:

(1) A civil penalty in the amount of $250,000 or twice the amount of the contract, whichever is greater. Only one civil penalty may be imposed upon a person per investment.

(2) Suspension of the existing contract with the Commonwealth entity for a period of three years from the date of the determination that the person submitted the false certification. Following the three-year suspension period, the Commonwealth entity or the department may terminate the contract.

(b) Report of false certification.--The department shall report to the Attorney General the name of the person who submitted the false certification and the pertinent information that led to the department's determination. No later than three years after the department makes a determination under subsection (a), the Attorney General shall determine whether to bring a civil action against the person to collect the penalty described in subsection (a). If a court determines the person submitted a false certification, the person shall pay all reasonable costs and fees incurred in the civil action. Reasonable costs shall include the reasonable costs incurred by the Commonwealth entity in investigating the authenticity of the certification. Only one civil action against the person may be brought for a false certification on a contract.

(c) No private right of action.--Nothing in this section may be construed to create or authorize a private right of action. (Oct. 21, 2014, P.L.2517, No.149, eff. July 1, 2015) 2014 Amendment. Act 149 added section 3505. Cross References. Section 3505 is referred to in section 3504 of this title.
62 Pa.C.S. § 3502 — PA Code / Title 62 / Chapter 35 / Section 3502
Engaging in investment activities.
Status: in_force

A person or financial institution engages in an investment activity by doing any of the following:

(1) Providing goods or services worth at least $20,000,000, including oil tankers or transporters and liquefied natural gas tankers or transporters, to the energy-related activities of Iran, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas for the energy sector of Iran.

(2) Extending at least $20,000,000 in credit to a person for 45 days or more if all of the following apply:

(i) The person uses the credit to provide goods or services to the energy sector in Iran.

(ii) The person is, at the time the financial institution or person extends credit, identified on a list created under section 3503 (relating to list of persons engaged in investment activities). (Oct. 21, 2014, P.L.2517, No.149, eff. July 1, 2015) 2014 Amendment. Act 149 added section 3502.

Cross References. Section 3502 is referred to in section 3503 of this title.
62 Pa.C.S. § 3937 — PA Code / Title 62 / Chapter 39 / Section 3937
Certain provisions unenforceable.
Status: in_force

A provision in the contract making it subject to the laws of another state or requiring that any litigation, arbitration or other dispute resolution process on the contract occurs in another state shall be unenforceable.
62 Pa.C.S. § 2101 — PA Code / Title 62 / Chapter 21 / Section 2101
Policy.
Status: in_force

The policy of this Commonwealth is to assist small and disadvantaged businesses in learning how to do business with Commonwealth agencies. The department shall implement this

policy in accordance with regulations promulgated by the department.
62 Pa.C.S. § 3742 — PA Code / Title 62 / Chapter 37 / Section 3742
Procurement limits for mass transportation authorities.
Status: in_force

(a) General rule.--Notwithstanding any other provision of law to the contrary and subject to the conditions in subsection

(b), a local transportation organization as defined in 74 Pa.C.S. § 1301 (relating to definitions) which is a recipient of Federal funds for transportation purposes is permitted, at the option of its governing board, to use the "simplified acquisition procedures" of section 31 of the Office of Federal Procurement Policy Act (41 U.S.C. § 427) for procurement up to the "simplified acquisition threshold" as that term is defined in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. § 403).

(b) Conditions.--

(1) A proposed purchase of contract for an amount above the simplified acquisition threshold may not be divided into several purchases or contracts for lesser amounts in order to use the simplified acquisition procedures permitted by subsection (a).

(2) In using simplified acquisition procedures, a local transportation organization shall promote competition to the maximum extent practicable.

(3) The simplified acquisition procedures used by a local transportation organization shall comply with the Federal Acquisition Regulations concerning simplified acquisition procedures described in 48 CFR Ch. 1 Pt. 13. (Dec. 3, 2002, P.L.1147, No.142, eff. imd.) 2002 Amendment. Act 142 added section 3742. References in Text. Section 1301 of Title 74, referred to in subsec. (a), is repealed. Cross References. Section 3742 is referred to in section 1750 of Title 74 (Transportation).
62 Pa.C.S. § 1751 — PA Code / Title 62 / Chapter 17 / Section 1751
Interest.
Status: in_force

Interest on amounts ultimately determined to be due shall be payable at the statutory rate applicable to judgments from the date the claim was filed with the contracting officer. Interest on claims arising out of the provisions of section 1507 of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code, shall be payable as provided therein.
62 Pa.C.S. § 3911 — PA Code / Title 62 / Chapter 39 / Section 3911
Time for awarding contract.
Status: in_force

(a) General rule.--In the case of a contract to be entered into by a government agency through competitive sealed bidding, the contract shall be awarded to the lowest responsible and responsive bidder within 60 days of the bid opening, or all bids shall be rejected except as otherwise provided in this section.

(b) Delay.--If the award is delayed by the required approval of another government agency, the sale of bonds or the award of a grant, the contract shall be awarded to the lowest responsible and responsive bidder within 120 days of the bid opening, or all bids shall be rejected.

(c) Extensions.--Extensions of the date for the award may be made by the mutual written consent of the government agency and the lowest responsible and responsive bidder.

(d) List of bidders.--All government agencies shall be required to provide a list of the bidders and their bid amount on each contract within ten working days of the bid opening to interested parties for a fee to be determined by the government agency to cover the cost of developing such list. This requirement shall not apply to the contracting bodies of any political subdivision or local authority which has the authority to enter into a contract.

(e) Contract negotiation.--When the amount of the bid submitted by the lowest responsive and responsible bidder for a Department of General Services construction contract exceeds the verifiable contract allocation established by the Department

of General Services for the contract, the department may, prior to awarding the contract, negotiate the price, work items and time requirements for the contract with the lowest responsive and responsible bidder to bring the bid within the established contract allocation. (Dec. 3, 2002, P.L.1147, No.142, eff. imd.) 2002 Amendment. Act 142 added subsec. (e). Cross References. Section 3911 is referred to in section 3913 of this title.
62 Pa.C.S. § 541 — PA Code / Title 62 / Chapter 5 / Section 541
Approval of accounting system.
Status: in_force

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 contemplated.

(2) The proposed contractor's accounting system is adequate to allocate costs in accordance with generally accepted accounting principles. Notwithstanding the preceding, a contract may be used without a prior written determination where the contract is a firm, fixed-price contract or a contract awarded under section 516 (relating to emergency procurement). Cross References. Section 541 is referred to in sections 561, 9119 of this title.
62 Pa.C.S. § 301 — PA Code / Title 62 / Chapter 3 / Section 301
Procurement responsibility.
Status: in_force

(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 procurement and supervision of the procurement of supplies, services and construction for executive agencies and those independent agencies for which the department acts as purchasing agency shall be the responsibility of the department as provided for in Subchapter C (relating to powers and duties of department).

(b) Application to independent agencies.--Except as otherwise specifically provided by law and this section, independent agencies shall use the department as their purchasing agency for the procurement of supplies or construction. Independent agencies shall have the authority to procure their own services. However, when any independent agency acts as its own purchasing agency, it shall use the procedures

provided in this part for any procurement of supplies, services or construction.

(c) Exceptions for executive and independent agencies.--The following supplies, services and construction need not be procured through the department, nor shall the procurement policy be established by the department, but shall nevertheless be procured by the appropriate purchasing agency, subject to the requirements of this part:

(1) Bridge, highway, dam, airport (except vertical construction), railroad or other heavy or specialized construction, including:

(i) The construction of facilities and improvements by the Department of Conservation and Natural Resources in State parks and State forests.

(ii) Construction activities, excluding buildings, solely within the expertise of the Department of Environmental Protection, including, but not limited to, mine reclamation, oil and gas well plugging, waste site remediation, flood control and stream rehabilitation.

(iii) Owner-controlled insurance programs for bridge, highway, dam, airport, railroad or other heavy or specialized construction.

(2) Works of art, historic objects and documents for acquisition and public exhibition.

(3) Published books, maps, periodicals, technical pamphlets, compact discs, video and audio reproductions, subscriptions and professional memberships.

(4) Perishable food stuffs.

(5) The procurement of services, the renting of machinery and equipment and the licensing of specialized computer software by the Office of Attorney General, the Department of the Auditor General and the Treasury Department.

(d) Application to State-affiliated entities.--State-affiliated entities may formulate their own procurement policy governing the procurement, management, control and disposal of supplies, services and construction and may act as their own purchasing agency for the procurement of supplies, services and construction, but they are required to use the procedures provided in this part for such procurement. (Dec. 3, 2002, P.L.1147, No.142, eff. imd.) 2002 Amendment. Act 142 amended subsec. (c). Cross References. Section 301 is referred to in sections 312, 3902 of this title.
62 Pa.C.S. § 106.1 — PA Code / Title 62 / Chapter 1 / Section 106.1
Public access to procurement records.
Status: in_force

(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 or, in the case of an independent agency, its own publicly accessible Internet website or otherwise make available in the manner indicated below:

(1) Public notice of an invitation for bids or request for proposals may be given in accordance with section 512(c)(1) (relating to competitive sealed bidding) or 513(b) (relating to competitive sealed proposals) by posting the invitation for bids or request for proposals, including, if applicable, the written determination required by section 513(a), on the date issued and until the closing date for receipt of bids or proposals.

(2) Bid tabulations recording the name of each bidder and bid amount in accordance with section 512(d) shall be posted as soon as practicable after bid opening, unless the purchasing agency elects to cancel the invitation for bids.

(3) Notices of award pursuant to an invitation for bids shall be posted as soon as practicable after the purchasing agency elects to make an award in accordance with section 512(g).

(4) The written determination required by section 513(g) shall be posted upon receipt of the final negotiated contract signed by the selected offeror. Subject to proper redaction under the Right-to-Know Law, responsive proposals received by the purchasing agency and, until fully executed, the final negotiated contract are not required to be posted but shall be made available to the public upon request.

(5) Requests to award a contract pursuant to section 515(a)(1), (2), (4) and (10) (relating to sole source procurement) shall be posted for seven calendar days for public comment prior to approval of the request by the department or independent purchasing agency. Upon approval of a request by the department or independent purchasing agency, the signed and written determination required under section 515(b) shall be posted.

(6) The written determinations required by section 516 (relating to emergency procurement) shall be posted in advance, if feasible, but no later than seven calendar days after authorization by the department or independent purchasing agency.

(7) A contract resulting from a procurement under this part shall be posted as soon as practicable upon its full execution by the Commonwealth.

(8) Requests under section 515 or 516 to extend a contract for which no further options, renewals or extensions are available in the contract shall be posted for seven calendar days for public comment prior to approval of the request by the department or independent purchasing agency. Upon approval of a request by the department or an independent purchasing agency, the signed and written determination required under section 515(b) or 516 shall be posted.

(c) Access and retention.--Procurement documents specified under subsection (b) must be accessible on the Internet website for a minimum of 30 days from posting and further retained in accordance with section 563 (relating to retention of

procurement records) and applicable agency record retention policies. (Nov. 4, 2016, P.L.1216, No.163, eff. 60 days) 2016 Amendment. Act 163 added section 106.1.
62 Pa.C.S. § 4509 — PA Code / Title 62 / Chapter 45 / Section 4509
Investigation.
Status: in_force

(a) Required attendance.--Whenever the Office of Attorney General believes that a person may be in possession, custody or control of documentary material or may have information

relevant to the subject matter of a civil investigation for the purpose of ascertaining whether a person is or has been engaged in a violation of this chapter, the Attorney General may require the attendance and testimony of witnesses and the production of books, accounts, papers, records, documents and files relating to the civil investigation. For this purpose, the Attorney General or his representatives may sign subpoenas, administer oaths or affirmations, examine witnesses and receive evidence during the investigation. A request for information shall state the subject matter of the investigation, the conduct constituting the alleged violation which is under investigation and the provisions of this chapter applicable to the alleged violation. A request for documentary material shall describe the material to be produced with reasonable particularity so as to fairly identify the documents demanded, provide a return date within which the material is to be produced and identify the member of the Attorney General's staff to whom the material shall be given. In case of disobedience of a subpoena or the contumacy of a witness appearing before the Attorney General or his representative, the Attorney General or his representative may invoke the aid of a court of record of this Commonwealth, and the court may issue an order requiring the person subpoenaed to obey the subpoena or to give evidence or to produce books, accounts, papers, records, documents and files relative to the matter in question. Failure to obey an order of the court may be punished by the court as a contempt.

(b) Confidentiality.--No information or documentary material produced under a demand under this section shall, unless otherwise ordered by a court for good cause shown, be produced for inspection or copying by, nor shall the contents be disclosed to, a person other than the Attorney General or his representative without the consent of the person who produced the information or material. However, the Attorney General or his representative shall disclose information or documentary material produced under this section or information derived therefrom to officials of a government agency affected by the alleged violation, for use by that agency in connection with an investigation or proceeding within its jurisdiction and authority, upon the prior certification of an appropriate official of the agency that the information shall be maintained in confidence other than use for official purposes. Under reasonable terms and conditions as the Attorney General or his representative shall prescribe, the documentary material shall be available for inspection and copying by the person who produced the material or a duly authorized representative of that person. The Attorney General or his representative may use the documentary material or information or copies as he determines necessary in the civil enforcement of this chapter, including presentation before any court. Material which contains trade secrets or other highly confidential matter shall not be presented except with the approval of the court in which a proceeding is pending after adequate notice to the person furnishing the material.

(c) Limitation on use.--No criminal prosecution under section 4503 (relating to prohibited activities) may be brought by either the Attorney General or a district attorney based solely upon information or documents obtained in a civil investigation under this section.
62 Pa.C.S. § 3733 — PA Code / Title 62 / Chapter 37 / Section 3733
Police power.
Status: in_force

This subchapter shall be deemed to be an exercise of the police power of this Commonwealth for the protection of the health, safety and general welfare of its citizens.
62 Pa.C.S. § 562 — PA Code / Title 62 / Chapter 5 / Section 562
Anticompetitive practices.
Status: in_force

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 to the Commonwealth in the Federal courts, there shall be the same remedies in the courts of this Commonwealth. When any person has reason to believe collusion or other anticompetitive practices have occurred among any bidders or offerors, a notice of the relevant facts shall be transmitted to the Attorney General, who shall investigate the reports. (Dec. 3, 2002, P.L.1147, No.142, eff. imd.)
62 Pa.C.S. § 4604 — PA Code / Title 62 / Chapter 46 / Section 4604
Competitive electronic auction bidding.
Status: in_force

(a) Conditions for use.--Notwithstanding any other provision of law concerning the requirements for competitive bidding for purchases and contracts, if a local government unit determines by resolution that use of competitive electronic auction bidding is in the best interests of the local government unit, a contract for supplies or services, but not for construction or design professional services, may be entered into by competitive electronic auction bidding.

(b) Invitation for bids.--An invitation for bids shall be issued and shall include a procurement description and all contractual terms, whenever practical, and conditions applicable to the procurement, including a notice that bids will be received in an electronic auction manner.

(c) Public notice.--Public notice and advertisement of the invitation for bids shall be given in the same manner as provided in the law otherwise applicable to the local government unit.

(d) Auctions.--Bids shall be accepted electronically at the time and in the manner designated in the invitation for bids. During the auction, each bidder shall have the capability to view their bid rank or the low bid price. Bidders may reduce their bid prices during the auction. At the conclusion of the auction, the record of the bid prices received and the name of each bidder shall be open to public inspection.

(e) Withdrawal of bids.--After the auction period has terminated, withdrawal of bids shall be permitted by the written

determination of the local government unit when the bidder requests relief and presents credible evidence that the reason for the lower bid price was a clerical mistake, as opposed to a judgment mistake, and was actually due to an unintentional arithmetical error or an unintentional omission of a substantial quantity of work, labor, material or services made directly in the compilation of the bid. The request for relief and the supporting evidence must be received by the local government unit within a reasonable time period after the bid opening. The time period shall be specified by the local government unit.

(f) Award.--The contract shall be awarded within 60 days of the auction by written notice to the lowest responsible bidder, or all bids shall be rejected, except as otherwise provided in this section. Extensions of the date for the award may be made by mutual written consent of the local government unit and the lowest responsible bidder. APPENDIX TO TITLE 62 PROCUREMENT ------- Supplementary Provisions of Amendatory Statutes ------- 1998, MAY 15, P.L.358, NO.57
62 Pa.C.S. § 516 — PA Code / Title 62 / Chapter 5 / Section 516
Emergency procurement.
Status: in_force

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. Whenever practical, in the case of a procurement of a supply, at least two quotes shall be solicited. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the procurement file. No written contract may be required. The supplier of the supply, service or construction may be paid based on the emergency approval and approved invoice. (Nov. 4, 2016, P.L.1216, No.163, eff. 60 days)

Cross References. Section 516 is referred to in sections 106.1, 511, 515, 518, 519, 541, 561, 564, 905, 3604 of this title; section 13A06 of Title 65 (Public Officers).
62 Pa.C.S. § 3741 — PA Code / Title 62 / Chapter 37 / Section 3741
Procurement of mass transportation vehicles.
Status: in_force

(a) General rule.--Notwithstanding any other provision of law to the contrary, whenever a local, regional or metropolitan transportation authority determines in writing that it is not practicable or advantageous to the authority to enter into a contract for the purchase of mass transportation or railway vehicles through competitive sealed bidding, the authority may utilize the competitive sealed proposal method of procurement in accordance with section 513 (relating to competitive sealed proposals).

(b) Definition.--As used in this section, the term "mass transportation or railway vehicles" includes buses, railcars, locomotives, trolley cars, ferry boats and other vehicles used to provide for the mass transit of people, as well as any replacement parts for the vehicles.
62 Pa.C.S. § 3604 — PA Code / Title 62 / Chapter 36 / Section 3604
Prohibition.
Status: in_force

Notwithstanding any other provision of law and except as provided under section 516 (relating to emergency procurement), a purchasing agency may not contract with a company to acquire or dispose of supplies, services or construction that exceed the applicable small purchase threshold unless the company certifies that:

(1) the company is not currently engaged in a boycott of a person or an entity based in or doing business with a jurisdiction which the Commonwealth is not prohibited by

Congressional statute from engaging in trade or commerce; and

(2) the company will not during the duration of the contract engage in a boycott of a person or an entity based in or doing business with a jurisdiction where the Commonwealth is not prohibited by Congressional statute from engaging in trade or commerce. Cross References. Section 3604 is referred to in sections 3605, 3606 of this title.
62 Pa.C.S. § 3734 — PA Code / Title 62 / Chapter 37 / Section 3734
Contract provisions.
Status: in_force

(a) Motor vehicles to be manufactured in North America.--All government agencies shall procure only motor vehicles which are manufactured in North America. A motor vehicle is manufactured in North America if a substantial majority of the principal components are assembled into the final product in an assembly plant in North America. Contract documents for the procurement of motor vehicles shall contain a provision that the vehicles procured by the government agency shall be manufactured in North America.

(b) Exception.--This section shall not apply where the head of the government agency states in writing that it is inconsistent with the public interest or that the cost is unreasonable. Cross References. Section 3734 is referred to in section 3735 of this title.
62 Pa.C.S. § 907 — PA Code / Title 62 / Chapter 9 / Section 907
Procurement of right-of-way acquisition assistance services.
Status: in_force

Right-of-way acquisition assistance services to be provided in conjunction with the planning, development, design, construction, alteration or repair of bridges and highways by the Department of Transportation shall be procured in accordance with section 905 (relating to procurement of design professional services). (Dec. 3, 2002, P.L.1147, No.142, eff. imd.) 2002 Amendment. Act 142 added section 907.
62 Pa.C.S. § 3732 — PA Code / Title 62 / Chapter 37 / Section 3732
Definitions.
Status: in_force

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Motor vehicle." A passenger car or a truck as those terms are defined under 75 Pa.C.S. § 102 (relating to definitions).

"North America." (Deleted by amendment).

"Procure." To acquire by purchase, lease or rent. The term does not include any rentals or leases where the term thereof is less than one month. (Dec. 3, 2002, P.L.1147, No.142, eff. imd.) 2002 Amendment. Act 142 amended the def. of "motor vehicle" and deleted the def. of "North America."
62 Pa.C.S. § 326 — PA Code / Title 62 / Chapter 3 / Section 326
Board of Commissioners of Public Grounds and Buildings.
Status: in_force

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 approved by the Board of Commissioners of Public Grounds and Buildings. Where the board is reviewing a proposed sole source lease or procurement being submitted pursuant to section 515 (relating to sole source procurement), approval of the lease or procurement shall require the unanimous vote of the board. Where the board is reviewing a proposed non-sole source lease, the lease shall be approved when one member of the board votes to approve the lease. All votes shall take place at a public meeting. (Dec. 3, 2002, P.L.1147, No.142, eff. imd.)