reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 19 - Intergovernmental Relations › Section 1908 - Compliance of public procurement units

§ 1908. Compliance of public procurement units.
Where the public procurement unit or external procurement activity administering a cooperative purchase complies with the requirements governing its procurement of supplies, services and construction, any public procurement unit participating in the purchase shall be deemed to have complied with the requirements governing its procurement of supplies, services and construction. Public procurement units may not enter into a cooperative purchasing agreement for the purpose of circumventing this part.
(Dec. 3, 2002, P.L.1147, No.142, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 19 - Intergovernmental Relations › Section 1909 - Review of procurement requirements

§ 1909. Review of procurement requirements.
To the extent possible, the department may collect information concerning the type, cost, quality and quantity of commonly used supplies, services or construction being procured or used by Commonwealth agencies. The department may also collect this information from local procurement units. The department may make this information available to any public procurement unit upon request.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 19 - Intergovernmental Relations › Section 1910 - Contract controversies

§ 1910. Contract controversies.
(a) Public procurement unit subject to certain legal and contractual remedies.--
Under a cooperative purchasing agreement, controversies arising between an administering public procurement unit subject to Chapter 17 (relating to legal and contractual remedies) and its bidders, offerors or contractors shall be resolved in accordance with Chapter 17.
(b) Local public procurement unit not subject to certain legal and contractual remedies.--
Any local public procurement unit which is not subject to Chapter 17 is authorized to:
(1) Enter into an agreement with the Board of Claims to use the board to resolve controversies between the local public procurement unit and its contractors, whether or not the controversy arose from a cooperative purchasing agreement.
(2) Enter into an agreement with another local public procurement unit or external procurement activity to establish procedures or use existing procedures of the unit or activity to resolve controversies with contractors, whether or not the controversy arose under a cooperative purchasing agreement.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 19 - Intergovernmental Relations › Section 1911 - Immunity

§ 1911. Immunity.
A public procurement unit which provides personnel, property, supplies or services to another public procurement unit shall be immune from liability for any damages which arise out of the use of such personnel, property, supplies or services provided under this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 19 - Intergovernmental Relations › Section 1913 - Cooperative purchase of fire, rescue and ambulance company supplies

§ 1913. Cooperative purchase of fire, rescue and ambulance company supplies.
(a) Contract for supplies.--
The department shall enter into and make available to local public emergency procurement units a contract or contracts for accessory equipment, apparatus equipment, communications equipment, protective equipment, rescue vehicles and utility or special vehicles, as these terms are defined in the act of July 15, 1976 (P.L.1036, No.208), known as the Volunteer Fire Company, Ambulance Service and Rescue Squad Assistance Act.
(b) Establishment of list.--
No later than April 1 of each calendar year, the standing committee on Veterans Affairs and Emergency Preparedness of the Senate and the standing committee on Veterans Affairs and Emergency Preparedness of the House of Representatives shall prepare and transmit to the Secretary of General Services a suggested list of items used by local public emergency procurement units in the performance of their duties for department procurements under subsection (a).
(c) Definition.--
As used in this section, the term "local public emergency procurement unit" means a local public procurement unit which is any of the following:
(1) A nonprofit, volunteer or municipal fire company.
(2) A nonprofit, volunteer or municipal rescue company.
(3) A nonprofit, volunteer or municipal ambulance company.
(4) A nonprofit Statewide, county or regional fire, ambulance or rescue support organization.
(Nov. 29, 2006, P.L.1417, No.153, eff. 60 days)
2006 Amendment.
Act 153 added section 1913.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 21 - Small and Disadvantaged Businesses › Section 2102 - Definitions

§ 2102. Definitions.
Subject to section 2103 (relating to regulations), 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:
"Disadvantaged business."
A small business which is owned or controlled by a majority of persons, not limited to members of minority groups, who have been deprived of the opportunity to develop and maintain a competitive position in the economy because of social disadvantages.
"Small business."
A business in the United States which is independently owned, is not dominant in its field of operation and employs 100 or fewer employees.
(Dec. 3, 2002, P.L.1147, No.142, eff. imd.)
2002 Amendment.
Act 142 amended the def. of "small business."
Cross References.
Section 2102 is referred to in section 2103 of this title; section 9601 of Title 51 (Military Affairs).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 21 - Small and Disadvantaged Businesses › Section 2103 - Regulations

§ 2103. Regulations.
The department shall establish policy for executive and those independent agencies for which the department acts as purchasing agency and may promulgate regulations establishing detailed definitions of the words and phrases defined in section 2102 (relating to definitions) using, in addition to the criteria set forth in section 2102, other criteria as it deems appropriate, including the number of employees and the dollar volume of business. State-affiliated entities shall implement the policy for their procurement programs.
Cross References.
Section 2103 is referred to in section 2102 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 21 - Small and Disadvantaged Businesses › Section 2104 - Duties of department

§ 2104. Duties of department.
The department shall have the following duties:
(1) Where feasible, provide appropriate staff who shall be responsible to the department and who shall serve within designated Commonwealth agencies to assist small and disadvantaged businesses in this Commonwealth in learning how to do business with Commonwealth agencies.
(2) Give special publicity to procurement procedures and issue special publications designed to assist small and disadvantaged businesses in learning how to do business with Commonwealth agencies.
(3) Compile, maintain and make available source lists of small and disadvantaged businesses for the purpose of encouraging procurement from small and disadvantaged businesses.
(4) Include small and disadvantaged businesses on solicitation mailing lists.
(5) Assure that small and disadvantaged businesses are solicited on each procurement for which the businesses may be suited.
(6) Develop special training programs to assist small and disadvantaged businesses in learning how to do business with Commonwealth agencies.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 21 - Small and Disadvantaged Businesses › Section 2105 - Bonding and progress payments

§ 2105. Bonding and progress payments.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 21 - Small and Disadvantaged Businesses › Section 2107 - Report to General Assembly

§ 2107. Report to General Assembly.
The department shall annually, before October 1, report in writing to the General Assembly concerning the awarding of contracts to small and disadvantaged businesses during the preceding fiscal year. The report shall include a list of all small and disadvantaged businesses that participated as contractors, subcontractors or suppliers during the preceding fiscal year for contracts if the number of contractors under a previously existing contract for the same supply or service is reduced to a single contractor or reduced by more than 50% of the number existing on September 30, 2003. In preparing the report, the department shall verify whether commitments made to small and disadvantaged businesses in the course of awarding these contracts have been maintained.
(July 15, 2004, P.L.703, No.77, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 21 - Small and Disadvantaged Businesses › Section 2108 - Compliance with Federal requirements

§ 2108. Compliance with Federal requirements.
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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 22 - Diverse and Disadvantaged Businesses › Section 2201 - Definitions

§ 2201. 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:
"Diverse and disadvantaged businesses."
A woman-owned business, a minority-owned business or a veteran-owned business.
"Minority-owned business."
A for-profit business which is at least 51% owned and controlled by one or more individuals who are African Americans, Hispanic Americans, Native Americans, Asian Americans, Alaskans or Pacific Islanders. The term includes a corporation in which at least 51% of the stock is owned by one or more individuals who are African Americans, Hispanic Americans, Native Americans, Asian Americans, Alaskans or Pacific Islanders.
"Veteran."
Shall have the meaning given in 51 Pa.C.S. § 9601 (relating to definitions).
"Veteran-owned business."
A for-profit business that is at least 51% owned and controlled by one or more veterans. The term includes a corporation in which at least 51% of the stock is owned by one or more veterans.
"Woman-owned business."
A for-profit business which is at least 51% owned and controlled by one or more women. The term includes a corporation in which at least 51% of the stock is owned by one or more women.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 22 - Diverse and Disadvantaged Businesses › Section 2202 - Woman-owned business, minority-owned business or veteran-owned business

§ 2202. Woman-owned business, minority-owned business or veteran-owned business.
(a) Department verification.--
The following shall apply:
(1) The department shall establish a process to verify a diverse or disadvantaged business as Pennsylvania home state-certified for the purpose of other state or national disadvantaged business programs.
(2) The department shall verify a business that has been certified as a diverse or disadvantaged business by a third-party organization recognized by the department.
(b) Notice.--
A business verified under subsection (a)(2) may request the department to provide notice of the business status under this chapter.
(c) Lists.--
The department shall compile, maintain and make available source lists of businesses verified by the department as a diverse or disadvantaged business for the purpose of encouraging procurement from those businesses.
(d) Regulations.--
The department may promulgate regulations to administer this section.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 23 - Ethics in Public Contracting › Section 2301 - Policy

§ 2301. Policy.
Public employment is a public trust. It is the policy of this Commonwealth to promote and balance the objective of protecting government integrity and the objective of facilitating the recruitment and retention of personnel needed by this Commonwealth. Implementation of this policy requires that public employees discharge their duties impartially so as to assure fair competitive access to Commonwealth agency procurement by responsible contractors and that they conduct themselves in a manner that fosters public confidence in the integrity of the Commonwealth procurement process. It is also essential that those doing business with the Commonwealth agencies observe high standards of honesty and integrity.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 23 - Ethics in Public Contracting › Section 2302 - General standards of ethical conduct

§ 2302. General standards of ethical conduct.
(a) Employees.--
Any attempt to realize personal gain through public employment by conduct inconsistent with the proper discharge of the duties of the employee is a breach of a public trust. In order to fulfill this general, prescribed standard, employees must avoid any conflict of interest or improper use of confidential information.
(b) Nonemployees.--
Any effort to influence any employee to breach the standards of ethical conduct set forth in this section is also a breach of ethical standards.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 23 - Ethics in Public Contracting › Section 2303 - Reporting of breaches of ethical standards

§ 2303. Reporting of breaches of ethical standards.
When any person has reason to believe that any breach of standards set forth in this chapter has occurred, that person shall report all relevant facts to the State Ethics Commission and to the Attorney General for any appropriate action.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 23 - Ethics in Public Contracting › Section 2311 - Bonds

§ 2311. Bonds.
It is a breach of ethical standards and unlawful for any employee in issuing an invitation for bids or requests for proposals to require that any bond required by this part be furnished by a particular surety company or through a particular agent or broker. Any employee who violates this section commits a misdemeanor of the first degree.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 31 - General Provisions › Section 3101 - Application of part

§ 3101. Application of part.
Except for Chapter 46 (relating to electronic bidding by local government units), which applies only to local government units, this part applies to government agencies. In the case of Commonwealth agencies, this part shall be read in pari materia with Part I (relating to Commonwealth Procurement Code).
(July 7, 2006, P.L.600, No.88, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 31 - General Provisions › Section 3102 - Definitions

§ 3102. 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:
"Commonwealth agency."
A Commonwealth agency as defined in section 103 (relating to definitions).
"Government agency."
Any Commonwealth agency, any transportation authority or agency created by statute or any political subdivision or municipal or other local authority, or agency of any political subdivision or local authority.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 33 - Prevention of Environmental Pollution › Section 3301 - Invitations for bids and requests for proposals

§ 3301. Invitations for bids and requests for proposals.
All invitations for bids and requests for proposals for construction projects issued by any government agency shall set forth any provision of Federal and State statutes, rules and regulations dealing with the prevention of environmental pollution and the preservation of public natural resources that affect the projects.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 33 - Prevention of Environmental Pollution › Section 3302 - Additional work

§ 3302. Additional work.
If the successful bidder or offeror must undertake additional work due to the enactment of new or the amendment of existing statutes, rules or regulations occurring after the submission of the successful bid or proposal, the government agency shall issue a change order setting forth the additional work that must be undertaken, which shall not invalidate the contract. The cost of a change order to the government agency shall be determined in accordance with the provisions of the contract for change orders or force accounts, or, if there is not a provision set forth in the contract, then the cost to the government agency shall be the costs to the contractor for wages, labor costs other than wages, wage taxes, materials, equipment rentals, insurance and subcontracts attributable to the additional activity plus a reasonable sum for overhead and profit. Additional costs to undertake work not specified in the invitation for bids or requests for proposals shall not be approved unless written authorization is given the successful bidder or offeror prior to its undertaking the additional activity.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 35 - Iran-Free Procurement › Section 3501 - Definitions

§ 3501. Definitions.
"Department."
The Department of General Services of the Commonwealth.
"Energy-related activities."
The term includes all of the following:
(1) Development of petroleum, natural gas or nuclear energy resources. This paragraph does not include the mere sale of gasoline and related consumer products.
(2) Owning rights to oil or natural gas blocks or nuclear facilities.
(3) Exporting, extracting, producing, refining, processing, exploring for, transporting, selling or trading oil or natural gas or developing nuclear energy.
(4) Constructing, maintaining or operating any pipeline, refinery, liquefaction facility, nuclear reactor or other oil, natural gas or nuclear energy infrastructure.
"Financial institution." The term as defined in section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172, 50 U.S.C. § 1701).
"Iran." The government of Iran or an agency or instrumentality of Iran.
"Person." An individual, organization, a financial institution, sole proprietorship, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company or other entity or business association that exists for the purpose of making a profit or government entity that includes a multilateral development institution as defined in section 1701 of the International Financial Institutions Act (Public Law 95-118, 22 U.S.C. § 262r).
(Oct. 21, 2014, P.L.2517, No.149, eff. July 1, 2015)
2014 Amendment.
Act 149 added section 3501.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 35 - Iran-Free Procurement › Section 3502 - Engaging in investment activities

§ 3502. Engaging in investment activities.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 35 - Iran-Free Procurement › Section 3503 - List of persons engaged in investment activities

§ 3503. List of persons engaged in investment activities.
(a) List.--
The department shall develop a list of persons whom the department determines are engaged in investment activities in Iran as described in section 3502 (relating to engaging in investment activities). The department shall make its determination based on publicly available, credible information. The department shall update the list every 180 days. Ninety days prior to adding a person to the list, the department shall do all of the following:
(1) Provide notice to the person of the department's intention to add the person to the list. The notice shall inform the person that inclusion on the list makes the person ineligible to enter into a contract with a Commonwealth entity for goods or services worth at least $1,000,000. The notice shall specify that if the person ceases to engage in investment activities in Iran, the person may regain eligibility upon removal from the list.
(2) Provide the person an opportunity to comment in writing to the department. The person shall maintain eligibility if the person demonstrates no engagement in investment activities in Iran.
(b) Ineligibility of persons on list.--
A person identified on a list under subsection (a) shall be ineligible to enter into a contract with a Commonwealth entity to provide for goods or services worth at least $1,000,000.
(c) List.--
The department shall post the list on its publicly accessible Internet website. Upon request, the department shall provide the list free of charge to the General Assembly or a public entity.
(d) Investment service contracts.--
Service contracts entered into by Commonwealth entities for the management and investment of a fund for which there is a fiduciary responsibility and for which compliance with the act of July 2, 2010 (P.L.266, No.44), known as the Protecting Pennsylvania's Investments Act, is required, shall be exempt from the provisions of this chapter.
(e) Exception.--
On a case-by-case basis, the department may permit a person engaging in investment activities in Iran to enter a contract with a Commonwealth entity for goods or services worth at least $1,000,000 if any of the following apply:
(1) The investment activities in Iran were made before and were not expanded after July 1, 2015.
(2) The person refrains from entering into new agreements to engage in any future investment activities in Iran.
(3) The department determines that the Commonwealth entity has no other cost-effective method of obtaining the goods or services than entering into a contract with the person.
(Oct. 21, 2014, P.L.2517, No.149, eff. July 1, 2015)
2014 Amendment.
Act 149 added section 3503.
Cross References.
Section 3503 is referred to in sections 3502, 3504 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 35 - Iran-Free Procurement › Section 3504 - Certification

§ 3504. Certification.
(a) General rule.--
The department shall make available a certification form indicating that a person is not on the list under section 3503(a) (relating to list of persons engaged in investment activities) and is eligible under this chapter to contract with the Commonwealth. Prior to entering into a contract with a Commonwealth entity, a person shall provide a certification form to the Commonwealth entity unless the person is exempt under section 3503(e).
(b) Right to cure.--
(1) If the department determines, using credible information available to the public, that a person has submitted a false certification under subsection (a), the person shall be provided with written notice and an opportunity to demonstrate to the department that the person has ceased its engagement in energy-related activities in Iran within 90 days of the notice.
(2) A person who reasonably demonstrates to the department that the person has ceased its engagement in energy-related activities in Iran within 90 days after the written notice shall not be subject to the penalties under section 3505 (relating to penalties for false certification).
(Oct. 21, 2014, P.L.2517, No.149, eff. July 1, 2015)
2014 Amendment.
Act 149 added section 3504.
Cross References.
Section 3504 is referred to in section 3505 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 35 - Iran-Free Procurement › Section 3505 - Penalties for false certification

§ 3505. Penalties for false certification.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 35 - Iran-Free Procurement › Section 3506 - Expiration

§ 3506. Expiration.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 36 - Prohibited Contracts › Section 3602 - Declaration of purpose

§ 3602. Declaration of purpose.
The General Assembly finds and declares as follows:
(1) Pennsylvania is privileged to engage in international trade and commercial activities.
(2) Israel is America's dependable, democratic ally in the Middle East, an area of paramount strategic importance to the United States.
(3) It is in the interest of the United States and the Commonwealth to stand with Israel and other countries by promoting trade and commercial activities and to discourage policies that disregard that interest.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 36 - Prohibited Contracts › Section 3603 - Definitions

§ 3603. 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:
"Boycott."
To blacklist, divest from or otherwise refuse to deal with a person or firm when the action is based on race, color, religion, gender or national affiliation or origin of the targeted person or entity.
"Company."
Any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability company or other entity or business association qualified to do business in this Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 36 - Prohibited Contracts › Section 3604 - Prohibition

§ 3604. Prohibition.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 36 - Prohibited Contracts › Section 3605 - Certification

§ 3605. Certification.
The department shall make available a certification form indicating that a company is eligible to contract with the department under section 3604 (relating to prohibition). The company shall provide a certification form to the department when registering to do business as a vendor with the Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 36 - Prohibited Contracts › Section 3606 - Penalties for false certification

§ 3606. Penalties for false certification.
(a) Penalties.--
A company shall pay a civil penalty in the amount of $250,000 or twice the amount of the contract, whichever is greater, if the department determines that the company provided a false certification form to the department under section 3604 (relating to prohibition).
(b) Report of false certification.--
The department shall report to the Attorney General the name of the company that 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 company to collect the penalty described in subsection (a). If a court determines the company submitted a false certification, the company 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 company 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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 37 - Contract Clauses and Preference Provisions › Extra - Chapter Notes

Enactment.
Chapter 37 was added May 15, 1998, P.L.358, No.57, effective in 180 days.
Cross References.
Subchapter B is referred to in section 11901.7 of Title 11 (Cities); section 6016
            of Title 64 (Public Authorities and Quasi-Public Corporations).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 37 - Contract Clauses and Preference Provisions › Section 3701 - Contract provisions prohibiting discrimination

§ 3701. Contract provisions prohibiting discrimination.
Each contract entered into by a government agency for the construction, alteration or repair of any public building or public work shall contain the following provisions by which the contractor agrees that:
(1) In the hiring of employees for the performance of work under the contract or any subcontract, no contractor, subcontractor or any person acting on behalf of the contractor or subcontractor shall by reason of gender, race, creed or color discriminate against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates.
(2) No contractor or subcontractor or any person on their behalf shall in any manner discriminate against or intimidate any employee hired for the performance of work under the contract on account of gender, race, creed or color.
(3) The contract may be canceled or terminated by the government agency, and all money due or to become due under the contract may be forfeited for a violation of the terms or conditions of that portion of the contract.
Cross References.
Section 3701 is referred to in section 303 of Title 74 (Transportation).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 37 - Contract Clauses and Preference Provisions › Section 3731 - Short title of subchapter and general provisions

§ 3731. Short title of subchapter and general provisions.
(a) Short title.--
This subchapter shall be known and may be cited as the Motor Vehicle Procurement Act.
(b) Legislative findings.--
It is hereby determined by the General Assembly to reaffirm the legislative findings contained in the act of April 4, 1984 (P.L.193, No.40), known as the Motor Vehicle Procurement Act, and codified in this chapter:
(1) The production of motor vehicles and component parts constitutes a major industry of this Commonwealth. It provides employment for and incomes of hundreds of thousands of the people of this Commonwealth and, in turn, millions of persons in the United States.
(2) The taxes paid to the Commonwealth and its political subdivisions by employers and employees engaged in the production and sale of motor vehicles is one of the largest single sources of public revenues in this Commonwealth.
(3) It has for many years been the policy of this Commonwealth to aid and support the development and expansion of industry here to foster the economic well-being of this Commonwealth and its people.
(4) The economy and general welfare of this Commonwealth and its citizens as well as the economy, general welfare and national security of the United States are inseparably related in the preservation and development of the motor vehicle industry in this Commonwealth and in other states of the United States.
(5) The production of motor vehicles and motor vehicle components in Canada involves the use of a substantial amount of resources from the United States, including labor and materials. The General Assembly declares it to be the policy of the Commonwealth of Pennsylvania that public officers and agencies should aid and promote the development of the motor vehicle industry of North America to stimulate and improve the economic well-being of this Commonwealth and its citizens.
(c) Purpose of subchapter.--
This subchapter is intended as remedial legislation designed to promote the general welfare and stimulate the economy of this Commonwealth and its people. Each provision shall receive a liberal construction to effectuate that intention. None of the provisions of this subchapter shall receive a strict or limited construction.
References in Text.
The act of April 4, 1982 (P.L.193, No.403), known as the Motor Vehicle Procurement Act, referred to in subsec. (b), was repealed by the act of May 15, 1998 (P.L.358, No.57). The subject matter is now contained in Subchapter B of Chapter 17 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 37 - Contract Clauses and Preference Provisions › Section 3732 - Definitions

§ 3732. Definitions.
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."
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 37 - Contract Clauses and Preference Provisions › Section 3734 - Contract provisions

§ 3734. Contract provisions.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 37 - Contract Clauses and Preference Provisions › Section 3735 - Payment under contract and action to recover unauthorized payments

§ 3735. Payment under contract and action to recover unauthorized payments.
A government agency shall not authorize, provide for or make a payment to a person under a contract containing the provision required by section 3734 (relating to contract provisions) unless the government agency is satisfied that the person has complied with the provision. The payment made to a person by a government agency which should not have been made shall be recoverable directly from the supplier of the motor vehicle who did not comply with section 3734 by the government agency or the Attorney General by appropriate legal action. Nothing in this section shall authorize any government agency to initiate a legal action independently of the Attorney General unless otherwise authorized under the act of October 15, 1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 37 - Contract Clauses and Preference Provisions › Section 3736 - Penalty

§ 3736. Penalty.
In addition to the withholding of payments, any person who willfully violates any of the provisions of this subchapter may be prohibited by any government agency from participation in contracts awarded by the government agency for a period of five years from the date of the determination that a violation has occurred.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 37 - Contract Clauses and Preference Provisions › Section 3741 - Procurement of mass transportation vehicles

§ 3741. Procurement of mass transportation vehicles.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 37 - Contract Clauses and Preference Provisions › Section 3742 - Procurement limits for mass transportation authorities

§ 3742. Procurement limits for mass transportation authorities.
(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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 37 - Contract Clauses and Preference Provisions › Section 3746 - Preference

§ 3746. Preference.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 37 - Contract Clauses and Preference Provisions › Section 3754 - Contract provisions

§ 3754. Contract provisions.
(a) General rule.--
A guaranteed energy savings contract may provide that all payments, except obligations on termination of the contract before its scheduled expiration, shall be made over a period of time. Every guaranteed energy savings contract that requires payments over a period of time shall provide that, after the initial year of the contract, the savings in every subsequent year are guaranteed to the extent necessary to make payments under the contract during that year. A guaranteed energy savings contract, in addition to the quantification and guarantee of energy savings, shall expressly state, quantify and validate the budgetary sources of all energy-related cost savings and operating costs utilized to satisfy the financial obligations and performance during the term of the agreement.
(b) Written guarantee.--
A guaranteed energy savings contract shall include a written guarantee that savings will meet or exceed the cost of the energy conservation measures to be evaluated, recommended, designed, implemented or installed under the contract.
(c) Payments.--
A guaranteed energy savings contract may provide for payments over a period of time not to exceed 20 years and for the evaluation, recommendation, design, implementation and installation of energy conservation measures on an installment payment or lease purchase basis.
(d) Improvements not causally connected to an energy conservation measure.--
An improvement that is not causally connected to an energy conservation measure may be included in a guaranteed energy savings contract if:
(1) the total value of the improvement does not exceed 15% of the total value of the guaranteed energy savings contract; and
(2) either:
(i) the improvement is necessary to conform to a law, a rule or an ordinance; or
(ii) an analysis within the guaranteed energy savings contract demonstrates that there is an economic advantage to the governmental unit implementing an improvement as part of the guaranteed energy savings contract;
and the savings justification for the improvement is documented by industry engineering standards.
(e) Other expenditures.--
A facility alteration which includes expenditures that are required to properly implement other energy conservation measures may be included as part of a guaranteed energy savings contract. In such case, notwithstanding any other provision of law, the installation of these additional measures may be supervised by the contractor performing the guaranteed energy savings contract.
(July 15, 2004, P.L.703, No.77, eff. 60 days; July 2, 2010, P.L.243, No.39, eff. 60 days; Nov. 4, 2016, P.L.1216, No.163, eff. 60 days)
2016 Amendment.
Act 163 amended subsec. (a).
2010 Amendment.
Act 39 amended subsecs. (a) and (c).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 37 - Contract Clauses and Preference Provisions › Section 3755 - Funding

§ 3755. Funding.
(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).