reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 5 - Source Selection and Contract Formation › Section 521 - Cancellation of invitations for bids or requests for proposals

§ 521. Cancellation of invitations for bids or requests for proposals.
An invitation for bids, a request for proposals or other solicitation may be canceled, or any or all bids or proposals may be rejected, at any time prior to the time a contract is executed by all parties when it is in the best interests of the Commonwealth. Bids may be rejected in part when specified in the solicitation. The reasons for the cancellation or rejection shall be made part of the contract file.
(Dec. 3, 2002, P.L.1147, No.142, eff. imd.)
Cross References.
Section 521 is referred to in section 1711.1 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 5 - Source Selection and Contract Formation › Section 533 - Security and performance bonds

§ 533. Security and performance bonds.
(a) Contract for supplies or services.--
(1) In the case of competitive sealed bidding or competitive sealed proposals for a contract for supplies or services, bidders or offerors may be required by the contracting officer to provide bid or proposal security. Bid or proposal security shall be in the form of a certified or bank check or a bond provided by a surety company authorized to do business in this Commonwealth or another form of security as specified in the invitation for bids or request for proposals. Bid or proposal security shall be at least in the minimum amount or percentage of the amount of the bid as shall be specified in the advertisement, invitation for bids or request for proposals.
(2) When the invitation for bids or the request for proposals requires security, noncompliance by the bidder or offeror with the instructions in the invitation for bids or request for proposals requires that the bid or proposal be rejected unless it is determined that the bid or proposal fails to comply with the security requirements in a nonsubstantial manner.
(3) After the bids or proposals are opened, they shall be irrevocable for the period specified in the invitation for bids or the request for proposals except as provided in section 512(f) (relating to competitive sealed bidding). If a bidder or offeror is permitted to withdraw its bid or proposal before award, no action shall be had against the bidder or offeror or against the bid or proposal security.
(4) A contractor may be required by the contracting officer to provide a performance bond executed by a surety company authorized to do business in this Commonwealth. In lieu of a bond, a contractor may provide other security as permitted by the head of the purchasing agency. The performance bond or other required security shall be in an amount determined by the head of the purchasing agency, and it shall be conditioned upon the faithful performance of the contract.
(b) Contract for construction.--
Bid security and performance bonds as required for contracts for construction are provided for in sections 902 (relating to bid or proposal security) and 903 (relating to contract performance security and payment bonds).
(Dec. 3, 2002, P.L.1147, No.142, eff. imd.)
2002 Amendment.
Act 142 amended subsec. (a)(3).
Cross References.
Section 533 is referred to in section 3753 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 5 - Source Selection and Contract Formation › Section 534 - Cost or pricing data

§ 534. Cost or pricing data.
(a) Submission by contractor.--
A contractor shall, except as provided in subsection (c), submit cost or pricing data and shall certify that, to the best of its knowledge and belief, the cost or pricing data submitted was accurate, complete and current as of a mutually determined specified date prior to the date of:
(1) the award of any contract under section 513 (relating to competitive sealed proposals) or 515 (relating to sole source procurement) where, under either section, the total contract price is expected to exceed an amount established by the head of the purchasing agency; or
(2) the pricing of any change order or contract modification which is expected to exceed an amount established by the head of the purchasing agency.
(b) Price adjustment.--
Any contract, change order or contract modification under which a certificate is required shall contain a provision that the price to the purchasing agency, including profit or fee, shall be adjusted to exclude any significant sums by which the purchasing agency finds that the price was increased because the cost or pricing data furnished by the contractor was inaccurate, incomplete or not current as of the date agreed upon between the parties.
(c) Cost or pricing data not required.--
The requirements of this section need not be applied to contracts under any of the following circumstances:
(1) When responsive proposals are received from two or more offerors.
(2) When the contract price is based on established catalog prices or market prices.
(3) When contract prices are set by statute or regulation.
(4) When it is determined in writing by the contracting officer that the requirements of this section may be waived and the reasons for the waivers are stated in writing.
Cross References.
Section 534 is referred to in sections 552, 561 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 5 - Source Selection and Contract Formation › Section 535 - Printing

§ 535. Printing.
No contract for printing shall be entered into with any person until the purchasing agency is satisfied that the person is the owner or lessee of machinery and equipment necessary to properly and promptly perform any orders issued to the person under the proposed printing contract.
(Dec. 3, 2002, P.L.1147, No.142, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 5 - Source Selection and Contract Formation › Section 541 - Approval of accounting system

§ 541. Approval of accounting system.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 5 - Source Selection and Contract Formation › Section 542 - Multiterm contracts

§ 542. Multiterm contracts.
(a) Specified period.--
A contract for supplies, construction or services may be entered into for a period of time deemed to be in the best interests of the Commonwealth. The term of the contract and conditions of renewal or extension, if any, shall be included in the solicitation, and funds shall be available for the first fiscal period at the time of contracting. Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds.
(b) Cancellation for unavailability of funds in succeeding fiscal periods.--
When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be canceled, and the contractor shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the price of the supplies, services or construction delivered under the contract. Such reimbursement shall not include loss of anticipated profit, loss of use of money or administrative or overhead costs. The cost of cancellation may be paid from any appropriations available for that purpose. The contractor shall not be entitled to any reimbursement where the Commonwealth elects not to exercise a renewal or extension option provided for in the contract.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 5 - Source Selection and Contract Formation › Section 543 - Effective contracts

§ 543. Effective contracts.
(a) General rule.--
Irrespective of the type of contract, no contract shall be effective until executed by all necessary Commonwealth officials as provided by law.
(b) Certain contracts.--
Those Statewide requirements contracts where the total dollar purchasing amount, based upon estimated quantities, is in excess of $1,000,000 shall not be effective unless first approved by the State Treasurer. The $1,000,000 amount shall be adjusted each year 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 each year.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 5 - Source Selection and Contract Formation › Section 551 - Right to inspect plant

§ 551. Right to inspect plant.
The purchasing agency may, at reasonable times, inspect the part of the plant or place of business of a contractor or any subcontractor which is related to the performance of any contract awarded or to be awarded by the purchasing agency.
Cross References.
Section 551 is referred to in sections 561, 9119 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 5 - Source Selection and Contract Formation › Section 552 - Right to audit records

§ 552. Right to audit records.
(a) Audit of cost or pricing data.--
The purchasing agency or its designee may, at reasonable times and places, audit the books and records of any person who has submitted cost or pricing data under section 534 (relating to cost or pricing data) to the extent that the books and records relate to the cost or pricing data. A person who receives a contract, change order or contract modification for which cost or pricing data is required shall maintain the books and records that relate to the cost or pricing data for three years from the date of final payment under the contract unless a shorter period is otherwise authorized by the purchasing agency in writing.
(b) Contract audit.--
The purchasing agency may audit the books and records of a contractor or any subcontractor under any negotiated contract or subcontract other than a firm, fixed-price contract to the extent that the books and records relate to the performance of the contract or subcontract. The books and records shall be maintained by the contractor for a period of three years from the date of final payment under the prime contract and by the subcontractor for a period of three years from the date of final payment under the prime contract unless a shorter period is otherwise authorized by the purchasing agency in writing.
Cross References.
Section 552 is referred to in sections 561, 9119 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 5 - Source Selection and Contract Formation › Section 561 - Finality of determinations

§ 561. Finality of determinations.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 5 - Source Selection and Contract Formation › Section 562 - Anticompetitive practices

§ 562. Anticompetitive practices.
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.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 5 - Source Selection and Contract Formation › Section 563 - Retention of procurement records

§ 563. Retention of procurement records.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 5 - Source Selection and Contract Formation › Section 564 - Record of certain actions

§ 564. Record of certain actions.
The purchasing agency shall maintain a record listing all contracts made under sections 514 (relating to small procurements), 515 (relating to sole source procurement) and 516 (relating to emergency procurement) for a minimum of three years from the date of final payment under the contract. The record shall contain:
(1) Each contractor's name.
(2) The amount and type of each contract.
(3) A listing of the supplies, services or construction procured under each contract.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 9 - Procurement of Construction and Design Professional Services › Section 901 - Definitions

§ 901. 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:
"Design professional services."
Those professional services within the scope of the practice of architecture, geology, engineering, landscape architecture or land surveying, including studies, investigations, surveying, mapping, tests, evaluations, consultations, comprehensive planning, program management, conceptual design, plans and specifications, value engineering, maintenance manuals and other related services associated with research, planning, development, design, construction, alteration or repair of real property. The term includes services provided under the supervision of a professional engineer to develop engineering software which will aid design professionals in performing their work. The term does not include those services which are not exclusively within the scope of architecture, geology, engineering or landscape architecture but which are related to capital improvements such as, but not limited to, environmental hygienics, construction management as described in section 322 (relating to specific construction powers, duties and procedures), exhibit design, fine arts or lesser arts and crafts, even though an architect, geologist, engineer or landscape architect may provide such services.
Cross References.
Section 901 is referred to in section 3902 of this title; section 303 of Title 74 (Transportation).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 9 - Procurement of Construction and Design Professional Services › Section 902 - Bid or proposal security

§ 902. Bid or proposal security.
(a) Requirement for bid or proposal security.--
Bidders or offerors may be required to provide bid or proposal security for construction contracts. Bid or proposal security shall be in the form of a certified or bank check or a bond provided by a surety company authorized to do business in this Commonwealth or another form of security as specified in the invitation for bids or request for proposals.
(b) Amount of bid or proposal security.--
Bid or proposal security shall be at least in the minimum amount or percentage of the amount of the bid or proposal as shall be specified in the advertisement, the invitation for bids or the request for proposals.
(c) Rejection of bids or proposals.--
When the invitation for bids or the request for proposals requires security, noncompliance with the instructions in the invitation for bids or the request for proposals requires that the bid or proposal be rejected unless it is determined that the bid or proposal fails to comply with the security requirements in a nonsubstantial manner.
(d) Withdrawal of bids and proposals.--
After the bids or proposals are opened, they shall be irrevocable for the period specified in the invitation or requests for proposals for bids except as provided in section 512(f) (relating to competitive sealed bidding). If a bidder or offeror is permitted to withdraw its bid or proposal before award, no action shall be had against the bidder or offeror or the bid or proposal security.
(Dec. 3, 2002, P.L.1147, No.142, eff. imd.)
2002 Amendment.
Act 142 amended subsecs. (a), (b) and (d).
Cross References.
Section 902 is referred to in section 533 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 9 - Procurement of Construction and Design Professional Services › Section 904 - Copies of bonds

§ 904. Copies of bonds.
(a) Copies of bonds.--
The purchasing agency shall furnish a copy of any payment bond and the contract for which the bond was given to any person who makes an application for the copy.
(b) Fee for copies.--
Each applicant shall pay for each copy of any payment bond a fee fixed by the purchasing agency to cover the actual cost of the preparation of the copy.
(c) Evidence.--
A copy of any payment bond and of the contract for which the bond was given constitutes prima facie evidence of the contents, execution and delivery of the original of the bond and contract.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 9 - Procurement of Construction and Design Professional Services › Section 906 - Letters of intent

§ 906. Letters of intent.
Before a contract for construction is effective, the head or a deputy of the purchasing agency may issue binding letters of intent to contract. A bidder or offeror receiving a letter of intent may rely on the letter to prepare to start work to the extent authorized by the letter and incur costs in preparation for performance of the contract. No work on the construction site shall be commenced and no payment shall be made to the bidder or offeror until the contract is fully executed. If the contract is not fully executed, the bidder or offeror shall be entitled to reimbursement for its actual expenses reasonably incurred pursuant to the letter prior to notification from the purchasing agency not to proceed. Reimbursement shall not include any loss of anticipated profit, loss of use of money or administrative or overhead costs.
(Dec. 3, 2002, P.L.1147, No.142, eff. imd.)
2002 Amendment.
Act 142 added section 906.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 9 - Procurement of Construction and Design Professional Services › Section 907 - Procurement of right-of-way acquisition assistance services

§ 907. Procurement of right-of-way acquisition assistance services.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 15 - Supply Management › Extra - Chapter Notes

Enactment.
Chapter 15 was added May 15, 1998, P.L.358, No.57, effective in 180 days.
Cross References.
Chapter 15 is referred to in sections 102, 1903, 1904 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 15 - Supply Management › Section 1501 - Definitions

§ 1501. 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:
"Excess supplies."
All nonexpendable supplies having a remaining useful life but which are no longer required by the using agency in possession of the supplies.
"Expendable supplies."
All tangible supplies other than nonexpendable supplies.
"Nonexpendable supplies."
All tangible supplies having an original acquisition cost of over $100 per unit and a probable useful life of more than one year.
"Supplies."
Supplies owned by Commonwealth agencies.
"Surplus supplies."
Nonexpendable supplies no longer having any use to any Commonwealth agency. The term includes obsolete supplies, scrap materials and nonexpendable supplies that have completed their useful life cycle. The term does not include road or bridge materials or equipment that have been declared surplus by the Department of Transportation under section 510 of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 15 - Supply Management › Section 1502 - Supply management regulations

§ 1502. Supply management regulations.
For executive and independent agencies, the department shall establish policy and may promulgate regulations governing:
(1) The management of supplies during their entire life cycle.
(2) The sale, lease or disposal of surplus supplies by public auction, competitive sealed bidding or other appropriate method designated by the department. However, no employee of the owning or disposing agency shall be entitled to purchase any of these supplies except when the sale price of the surplus supply is less than the amount established by the department for permissible purchases by such employees.
(3) Transfer of excess supplies.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 15 - Supply Management › Section 1503 - Proceeds from sale or disposal of surplus supplies

§ 1503. Proceeds from sale or disposal of surplus supplies.
The proceeds from the sale, lease or disposal of surplus supplies by an executive or independent agency shall be paid into the State Treasury and deposited in the fund out of which the supplies sold were originally purchased by the appropriate credit to the then-current appropriation. The costs incurred by the department in advertising or selling the supplies shall be deducted from the purchase price, and that amount shall be an executively authorized augmentation to the appropriation from which the costs were paid by the department.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 17 - Legal and Contractual Remedies › Extra - Chapter Notes

Enactment.
Chapter 17 was added May 15, 1998, P.L.358, No.57, effective in 180 days.
Cross References.
Chapter 17 is referred to in section 1910 of this title; sections 9109, 9117, 9119
            of Title 74 (Transportation).
Cross References.
Subchapter B is referred to in sections 1323, 3309 of Title 4 (Amusements).
Enactment.
Subchapter C was added December 3, 2002, P.L.1147, No.142, effective upon publication
            in the Pennsylvania Bulletin of the standing order under section 1102(g) of Title
            67 (Public Welfare). The standing order was published in the Pennsylvania Bulletin
            on June 28, 2003, at 33 Pa.B. 3053.
Prior Provisions.
Former Subchapter C, which related to the same subject matter, was added May 15, 1998,
            P.L.358, No.57, and repealed December 3, 2002, P.L.1147, No.142, effective upon publication
            in the Pennsylvania Bulletin of the standing order under section 1102(g) of Title
            67 (Public Welfare). The standing order was published in the Pennsylvania Bulletin
            on June 28, 2003, at 33 Pa.B. 3053.
Cross References.
Subchapter C is referred to in section 1702 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 17 - Legal and Contractual Remedies › Section 1701 - Definitions

§ 1701. 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:
"Board."
The Board of Claims established in section 1721 (relating to Board of Claims).
"Claimant."
A contractor or Commonwealth agency that files a claim with the board.
"Respondent."
A contractor or Commonwealth agency against which a claim filed with the board is asserted.
(Dec. 3, 2002, P.L.1147, No.142)
2002 Amendment.
Section 22(1)(i) of Act 142 provided that the amendment of section 1701 shall take effect upon publication in the Pennsylvania Bulletin of the standing order under section 1102(g) of Title 67 (Public Welfare). The standing order was published in the Pennsylvania Bulletin on June 28, 2003, at 33 Pa.B. 3053.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 17 - Legal and Contractual Remedies › Section 1702 - Sovereign immunity

§ 1702. Sovereign immunity.
(a) General rule.--
The General Assembly under section 11 of Article I of the Constitution of Pennsylvania reaffirms sovereign immunity, and, except as otherwise provided in this chapter, no provision of this part shall constitute a waiver of sovereign immunity for the purpose of 1 Pa.C.S. § 2310 (relating to sovereign immunity reaffirmed; specific waiver) or otherwise.
(b) Exception.--
The General Assembly under section 11 of Article I of the Constitution of Pennsylvania does hereby waive sovereign immunity as a bar to claims against Commonwealth agencies brought in accordance with sections 1711.1 (relating to protests of solicitations or awards) and 1712.1 (relating to contract controversies) and Subchapter C (relating to Board of Claims) but only to the extent set forth in this chapter.
(Dec. 3, 2002, P.L.1147, No.142, eff. imd.)
2002 Amendment.
Act 142 amended subsec. (b).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 17 - Legal and Contractual Remedies › Section 1711 - Authority to resolve protests of solicitations or awards (Repealed)

§ 1711. Authority to resolve protests of solicitations or awards (Repealed).
2002 Repeal Note.
Section 1711 was repealed December 3, 2002, P.L.1147, No.142, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 17 - Legal and Contractual Remedies › Section 1711.2 - Solicitations or awards contrary to law

§ 1711.2. Solicitations or awards contrary to law.
If the head of a purchasing agency or his designee determines that a solicitation or award of a contract is contrary to law, the following apply:
(1) If the determination is made prior to the execution of a contract, the remedies are limited to cancellation of the solicitation or proposed award or revision of the solicitation or proposed award to comply with the law.
(2) If the determination is made after the execution of a contract and the person awarded the contract has not acted fraudulently or in bad faith:
(i) the contract may be ratified and affirmed, provided it is determined by the head of the purchasing agency or his designee that doing so is in the best interest of the Commonwealth;
(ii) the contract, with the consent of all parties, may be modified to comply with the law; or
(iii) the contract may be terminated and the person awarded the contract shall be compensated for the actual expenses reasonably incurred under the contract prior to the termination. Such compensation shall not include loss of anticipated profit, loss of use of money or administrative or overhead costs.
(3) If the determination is made after the execution of a contract and the person awarded the contract has acted fraudulently or in bad faith:
(i) the contract may be ratified and affirmed, provided it is determined by the head of the purchasing agency or his designee that doing so is in the best interest of the Commonwealth and without prejudice to the right of the Commonwealth agency to damages as may be appropriate.
(ii) the contract, with the consent of all parties, may be modified to comply with the law; or
(iii) the contract may be declared void.
(Dec. 3, 2002, P.L.1147, No.142, eff. imd.)
2002 Amendment.
Act 142 added section 1711.2.
Cross References.
Section 1711.2 is referred to in section 1711.1 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 17 - Legal and Contractual Remedies › Section 1712 - Authority to resolve contract and breach of contract controversies (Repealed)

§ 1712. Authority to resolve contract and breach of contract controversies (Repealed).
2002 Repeal Note.
Section 1712 was repealed December 3, 2002, P.L.1147, No.142, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 17 - Legal and Contractual Remedies › Section 1712.1 - Contract controversies

§ 1712.1. Contract controversies.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 17 - Legal and Contractual Remedies › Section 1721 - Board of Claims

§ 1721. Board of Claims.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 17 - Legal and Contractual Remedies › Section 1722 - Powers and duties of board

§ 1722. Powers and duties of board.
The board shall do all of the following:
(1) Employ administrative, professional, clerical and other personnel as is necessary for the orderly administration of the board.
(2) Make, execute and deliver contracts and other instruments as is necessary.
(3) Establish and maintain a principal office in Harrisburg and such other offices within this Commonwealth as are necessary.
(4) Adopt an official seal.
(5) Appoint three separate hearing panels consisting of two individuals. For each hearing panel, one individual shall be an attorney and the other shall be a licensed engineer. The attorney shall serve as chairperson.
(6) Establish, by regulation, rules governing practice before the board consistent, except as may be provided by this part, with the Pennsylvania Rules of Civil Procedure and the Pennsylvania Rules of Evidence.
(7) Arbitrate claims before it in accordance with this subchapter.
(8) Catalog and publish all opinions of the board.
Cross References.
Section 1722 is referred to in section 1723 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 17 - Legal and Contractual Remedies › Section 1723 - Employees and hearing panel members

§ 1723. Employees and hearing panel members.
(a) Employees.--
Employees of the board shall, for the purposes of 71 Pa.C.S. Pt. XXV (relating to retirement for State employees and officers), be considered a State employee. Employees of the board shall be reimbursed for all necessary travel and other expenses incurred in the discharge of official duties.
(b) Hearing panel members.--
Individuals appointed to hearing panels in accordance with section 1722 (relating to powers and duties of board) shall receive a per diem for the time actually devoted to the business of the board. The per diem rate shall be fixed by the Executive Board, but no panel member shall be paid more than $25,000 per diem compensation in any calendar year.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 17 - Legal and Contractual Remedies › Section 1724 - Jurisdiction

§ 1724. Jurisdiction.
(a) Exclusive jurisdiction.--
The board shall have exclusive jurisdiction to arbitrate claims arising from all of the following:
(1) A contract entered into by a Commonwealth agency in accordance with this part and filed with the board in accordance with section 1712.1 (relating to contract controversies).
(2) A written agreement executed by a Commonwealth agency and the Office of Attorney General in which the parties expressly agree to utilize the board to arbitrate disputes arising from the agreement.
(3) Unless otherwise provided by law, a contract entered into by a Commonwealth agency involving real property interests in which the Commonwealth agency is the respondent.
(b) Concurrent jurisdiction.--
The board shall have concurrent jurisdiction to arbitrate claims arising from all of the following:
(1) A contract entered into by a Commonwealth agency in accordance with this part in which the Commonwealth agency is the claimant.
(2) Unless otherwise provided by law, a contract entered into by a Commonwealth agency involving real property interests in which the Commonwealth agency is the claimant.
(c) Limitations.--
The board shall have no power and exercise no jurisdiction over a claim asserted under subsection (a)(1) unless it is filed with the board in accordance with section 1712.1. The board shall have no power and exercise no jurisdiction over a claim asserted against a Commonwealth agency under subsection (a)(2) or (3) unless the claim was filed with the board within six months after it accrued. The board shall have no power and exercise no jurisdiction over claims for payment or damages to providers of medical assistance services arising out of the operation of the medical assistance program established by the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.
(d) Nonmonetary relief.--
Nothing in this section shall preclude a party from seeking nonmonetary relief in another forum as provided by law.
References in Text. The short title of the act of June 13, 1967, P.L.31, No.21, known as the Public Welfare Code, referred to in subsection (c), was amended by the act of December 28, 2015, P.L.500, No.92. The amended short title is now the Human Services Code.
Cross References.
Section 1724 is referred to in section 1725 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 17 - Legal and Contractual Remedies › Section 1726 - Payment of awards and costs

§ 1726. Payment of awards and costs.
If an award against the purchasing agency was ordered, the amount of the award shall be paid to the non-Commonwealth party by the purchasing agency from funds appropriated against the contract out of which the claim arose, and any costs assessed against the Commonwealth agency shall be paid by the purchasing agency from funds or appropriations to the agency. If an award against the non-Commonwealth party was ordered, the amount of the award shall be deducted from whatever balance may be due the party on the contract out of which the claim arose. An amount in excess of any deduction remaining unsatisfied shall be paid by the non-Commonwealth party to the purchasing agency.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 17 - Legal and Contractual Remedies › Section 1741 - § 1743 - (Repealed)

2002 Repeal Note.
Subchapter D (§§ 1741 - 1743) was added May 15, 1998, P.L.358, No.57, and repealed December 3, 2002, P.L.1147, No.142, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 17 - Legal and Contractual Remedies › Section 1751 - Interest

§ 1751. Interest.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 19 - Intergovernmental Relations › Section 1901 - Definitions

§ 1901. 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:
"Cooperative purchasing."
Procurement conducted by or on behalf of more than one public procurement unit or by a public procurement unit with an external procurement activity.
"External procurement activity."
A buying organization not located in this Commonwealth which if located in this Commonwealth would qualify as a public procurement unit. An agency of the United States is an external procurement activity.
"Local public procurement unit."
A political subdivision, public authority, tax-exempt, nonprofit educational or public health institution or organization, nonprofit fire company, nonprofit rescue company, nonprofit ambulance company and, to the extent provided by law, any other entity, including a council of governments or an area government, which expends public funds for the procurement of supplies, services and construction.
"Public procurement unit."
A local public procurement unit or a purchasing agency.
(Dec. 3, 2002, P.L.1147, No.142, eff. imd.)
2002 Amendment.
Act 142 amended the def. of "local public procurement unit."
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 19 - Intergovernmental Relations › Section 1902 - Cooperative purchasing authorized

§ 1902. Cooperative purchasing authorized.
A public procurement unit may either participate in, sponsor, conduct or administer a cooperative purchasing agreement for the procurement of any supplies, services or construction with one or more public procurement units or external procurement activities in accordance with an agreement entered into between the participants. The Department of General Services is authorized to enter into cooperative purchasing contracts solely for the use of local public procurement units or State-affiliated entities. The department shall enter into cooperative purchasing contracts for the use of local public procurement units or State-affiliated entities 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, and shall award such contracts pursuant to section 517 (relating to multiple awards) using an invitation for bids. Nothing in this section shall prohibit a local public procurement unit or State-affiliated entity from participating in or procuring from other cooperative purchasing agreements awarded by the department. Cooperative purchasing may include, but is not limited to, joint or multiparty contracts between public procurement units and open-ended purchasing agency contracts which are made available to local public procurement units.
(July 15, 2004, P.L.703, No.77, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 19 - Intergovernmental Relations › Section 1903 - Sale, acquisition or use of supplies by a public procurement unit

§ 1903. Sale, acquisition or use of supplies by a public procurement unit.
A public procurement unit may sell to, acquire from or use any supplies belonging to another public procurement unit or external procurement activity independent of the requirements of Chapters 5 (relating to source selection and contract formation) and 15 (relating to supply management).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 19 - Intergovernmental Relations › Section 1904 - Cooperative use of supplies or services

§ 1904. Cooperative use of supplies or services.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 19 - Intergovernmental Relations › Section 1905 - Joint use of facilities

§ 1905. Joint use of facilities.
Any public procurement unit may enter into agreements for the common use or lease of warehousing facilities, capital equipment and other facilities with another public procurement unit or an external procurement activity under the terms agreed upon between the parties.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 19 - Intergovernmental Relations › Section 1906 - Supply of personnel, information and technical services

§ 1906. Supply of personnel, information and technical services.
(a) Supply of personnel.--
Upon written request from another public procurement unit or external procurement activity, a public procurement unit may provide personnel to the requesting public procurement unit or external procurement activity. The public procurement unit or external procurement activity making the request shall compensate the public procurement unit providing the personnel the direct and indirect cost of furnishing the personnel in accordance with an agreement between the parties.
(b) Supply of services.--
The informational, technical and other services of any public procurement unit may be made available to any other public procurement unit or external procurement activity. However, the requirements of the public procurement unit tendering the services shall have precedence over the requesting public procurement unit or external procurement activity. The requesting public procurement unit or external procurement activity shall compensate for the expenses of the services provided in accordance with an agreement between the parties.
(c) Information services.--
Upon request, the department may make available to public procurement units or external procurement activities the following services, among others:
(1) Standard forms.
(2) Printed manuals.
(3) Product specifications and standards.
(4) Quality assurance testing services and methods.
(5) Qualified products lists.
(6) Source information.
(7) Common use commodities listings.
(8) Supplier prequalification information.
(9) Supplier performance ratings.
(10) Debarred and suspended bidders lists.
(11) Forms for invitations for bids, requests for proposals, instructions to bidders, general contract provisions and other contract forms.
(12) Contracts or published summaries of contracts, including price and time of delivery information.
(d) Technical services.--
The department may provide the following technical services, among others:
(1) Development of products specifications.
(2) Development of quality assurance test methods, including receiving, inspection and acceptance procedures.
(3) Use of product testing and inspection facilities.
(4) Use of personnel training programs.
(e) Fees.--
The department may enter into contractual arrangements and publish a schedule of fees for the services provided under subsections (c) and (d).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 19 - Intergovernmental Relations › Section 1907 - Use of payments received by a supplying public procurement unit

§ 1907. Use of payments received by a supplying public procurement unit.
All payments from any public procurement unit or external procurement activity received by a public procurement unit supplying personnel or services shall be available to the supplying public procurement unit.