reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 63 - County Probation Officers' Firearm Education and Training › Section 6304 - Commission and advisory subcommittee

§ 6304. Commission and advisory subcommittee.
(a) Composition.--
The chairperson of the County Adult Probation and Parole Advisory Committee shall appoint an advisory subcommittee to be composed of:
(1) Three county adult probation officers who are full members of the County Chief Adult Probation and Parole Officers' Association of Pennsylvania, one of whom is a chief adult probation officer from a county authorized to carry firearms and two of whom are firearms instructors certified as such by the National Rifle Association, the Pennsylvania State Police or the Federal Bureau of Investigation.
(2) One member of the Pennsylvania Council of Chief Juvenile Probation Officers.
(3) One representative of the Juvenile Court Judges' Commission.
(4) One judge of a court of common pleas of a county that employs officers who carry firearms.
(5) One director qualified under 53 Pa.C.S. Ch. 21 Subch. D (relating to municipal police education and training).
(6) One county commissioner from a county which employs officers who carry firearms.
(b) Terms.--
(Deleted by amendment).
(c) Vacancies.--
(Deleted by amendment).
(d) Compensation.--
The members of the commission and subcommittee shall serve without compensation but shall be reimbursed the necessary and actual expenses incurred in attending the meetings of the commission and in the performance of their duties under this chapter.
(e) Organization.--
The chairperson of the County Adult Probation and Parole Advisory Committee shall serve as chairperson of the commission. The commission shall act only with the concurrence of the majority.
(f) Meetings and quorum.--
The commission shall meet as may be necessary, but at least once annually. Special meetings may be called by the chairperson of the commission or upon written request of three members. A quorum shall consist of a majority of the members appointed.
(Dec. 18, 2019, P.L.776, No.115, eff. one year)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 63 - County Probation Officers' Firearm Education and Training › Section 6306 - Training mandatory

§ 6306. Training mandatory.
Within two years of the establishment of the County Probation Officers' Firearm Education and Training Program and in accordance with the provisions of this chapter, a county shall provide for the training of any officer in its county probation and parole department who carries a firearm. Following this two-year period, a county shall provide that training and certification requirements of this chapter are met prior to a county probation officer being authorized to carry a firearm.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 63 - County Probation Officers' Firearm Education and Training › Section 6307 - Requirements for program participation or waiver

§ 6307. Requirements for program participation or waiver.
In order to participate in the training program or be granted a waiver of training requirements, at a minimum, the officer must:
(1) Be employed as a full-time county probation officer.
(2) Be a United States citizen.
(3) Not have been convicted of an offense graded a misdemeanor of the first degree or greater or punishable by a term of imprisonment of more than two years, unless in possession of a waiver from the Bureau of Alcohol, Tobacco and Firearms of the Department of the Treasury.
(4) Have had the officer's fingerprints submitted by the officer's employer to the Pennsylvania State Police for the purposes of a background investigation. The officer shall have results of the investigation which indicate that the requirements of paragraph (3) are met.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 63 - County Probation Officers' Firearm Education and Training › Section 6308 - County Probation Officers' Firearm Education and Training Fund

§ 6308. County Probation Officers' Firearm Education and Training Fund.
(a) Fund established.--
The County Probation Officers' Firearm Education and Training Fund is established as a restricted receipts account within the General Fund. Moneys from the fund shall be used exclusively for the purposes described under this section.
(b) Costs imposed.--
(1) A person who accepts Accelerated Rehabilitative Disposition or pleads guilty or nolo contendere or is convicted of a felony or misdemeanor shall, in addition to any other court costs imposed under the laws of this Commonwealth, be sentenced to pay costs of $5. Costs collected by the clerk of courts under this subsection shall be paid into the fund.
(2) Moneys in the fund shall be used to offset or pay for:
(i) Training expenses.
(ii) Commission expenses.
(3) Disbursement and allocation of fund moneys shall be at the discretion of the commission.
(c) Other moneys to be used.--
In addition to payment of training expenses as prescribed under subsection (b), training expenses may also be paid out of the county offender supervision fund under section 1102 of the act of November 24, 1998 (P.L.882, No.111), known as the Crime Victims Act, or any other county fund.
(d) Juvenile probation officer participation.--
In the event that sufficient funds are not generated under the provisions of subsection (b) to fully fund the costs of providing training to juvenile probation officers, a training fee representing the prorated share of the additional actual cost thereof shall be payable by a participating juvenile probation officer's county of employment.
Cross References.
Section 6308 is referred to in section 6302 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 71 - Interstate Compacts › Extra - Chapter Notes

Enactment.
Chapter 71 was added August 11, 2009, P.L.147, No.33, effective in 60 days.
Cross References.
Subchapter B is referred to in section 6137 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 71 - Interstate Compacts › Section 7103 - Powers

§ 7103. Powers.
The secretary or his designee is hereby authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular except that no contract for the confinement of inmates in the institutions of this State shall be entered into unless the secretary has first determined that the inmates are acceptable, notwithstanding the provisions of Article IX-B of the act of April 9, 1929 (P.L.177, No.175), known as the Administrative Code of 1929. The secretary or his designee shall not enter into a contract pursuant to Article III of the compact relating to inmates who are mentally ill or mentally retarded without consultation with the Secretary of Public Welfare.
(Oct. 27, 2010, P.L.931, No.95, eff. imd.)
References
in Text.
The Secretary of Public Welfare, referred to in this section, was redesignated as the Secretary of Human Services by Act 132 of 2014.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 71 - Interstate Compacts › Section 7113 - When and how compact becomes operative

§ 7113. When and how compact becomes operative.
(a) General rule.--
When the Governor executes the Interstate Compact for the Supervision of Adult Offenders on behalf of this State and files a verified copy thereof with the Secretary of the Commonwealth and when the compact is ratified by one or more other states, then the compact shall become operative and effective between this State and such other state or states. The Governor is hereby authorized and directed to take such action as may be necessary to complete the exchange of official documents between this State and any other state ratifying the compact.
(b) Notice in Pennsylvania Bulletin.--
The Secretary of the Commonwealth shall publish a notice in the Pennsylvania Bulletin when the conditions set forth in subsection (a) are satisfied and shall include in the notice the date on which the compact became effective and operative between this State and any other state or states in accordance with this subchapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 71 - Interstate Compacts › Section 7114 - State council and compact administrator

§ 7114. State council and compact administrator.
(a) State council.--
Consistent with Article IV of the Interstate Compact for the Supervision of Adult Offenders, there is hereby established the State Council for Interstate Adult Offender Supervision. The council shall consist of nine members, seven of whom shall be appointed by the Governor. At least two members shall be judges of courts of record of this Commonwealth, and at least one shall be a county chief probation officer, a representative from the executive branch of government, a representative of victims groups and the compact administrator. The President pro tempore of the Senate and the Speaker of the House of Representatives shall each appoint a member of the General Assembly to serve as a member of the council. The term of a member of the council hereafter appointed, except to fill a vacancy, shall be for four years and until a successor has been appointed, but in no event more than 90 days beyond the expiration of the appointed term. The term of a member of the council who is appointed by virtue of serving as a member of the General Assembly, as a judge or as a county chief probation officer shall continue only as long as the individual remains in that office. A vacancy occurring in an office of a member of the council by expiration of term or for any other reason shall be filled by the appointing authority for the remainder of the term.
(b) Appointment of administrator.--
The compact administrator shall be appointed by the Governor and shall serve as a member of the State Council for the Supervision of Adult Offenders and shall serve on the Interstate Commission for Adult Offender Supervision established pursuant to the Interstate Compact for the Supervision of Adult Offenders.
(c) Compensation and expenses of administrator.--
The compact administrator who represents this State, as provided for in Article IV of the Interstate Compact for the Supervision of Adult Offenders, shall not be entitled to any additional compensation for his duties and responsibilities as compact administrator but shall be entitled to reimbursement for reasonable expenses actually incurred in connection with his duties and responsibilities as compact administrator in the same manner as for expenses incurred in connection with other duties and responsibilities of his office or employment.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 71 - Interstate Compacts › Section 7115 - Interstate Compact for the Supervision of Adult Offenders application fee

§ 7115. Interstate Compact for the Supervision of Adult Offenders application fee.
(a) Duty to pay.--
(1) A person on county probation or parole who applies for a transfer of supervision to another state through the Interstate Compact for the Supervision of Adult Offenders shall be required to pay an application fee with each application for transfer, unless the court finds that the application fee should be reduced, waived or deferred based upon the person's inability to pay. The application fees shall be collected by the county probation department or other agent designated by the county commissioners of the county with the approval of the president judge.
(2) A person on State probation or parole who applies for a transfer to another state through the Interstate Compact shall be required to pay an application fee to the department with each application for transfer, unless the board finds that the application fee should be reduced, waived or deferred based upon the person's inability to pay.
(b) Amount of application fee.--
The State council shall establish the amount of the application fee which shall not exceed $150. The application fee shall be nonrefundable and shall be assessed for each application for transfer to another state.
(c) Application fee collected by county.--
For administrative expenses, the county shall be entitled to retain a percentage of each application fee collected under this section which shall be deposited in the county's general fund. The percentage of the application fee that may be retained shall be determined by the State council 60 days prior to the beginning of each Commonwealth fiscal year commencing on July 1 and ending on June 30. The remaining portion of each application fee collected by the county shall be transmitted to the Commonwealth under subsection (d).
(d) Disposition.--
Money received from the collection of the application fee shall be paid into the State Treasury and shall be credited to the general government operations of the department for expenses incurred in the administration of the Interstate Compact.
(e) Application fee.--
The application fee as of the effective date of this subsection shall be $100, and the counties shall retain 100% of the fee collected until the application fee and county percentage are determined prior to the beginning of the next Commonwealth fiscal year in accordance with subsections (b) and (c).
(Oct. 27, 2010, P.L.931, No.95, eff. imd.; June 30, 2021, P.L.260, No.59, eff. imd.)
2021 Amendment.
Act 59 amended subsecs. (a)(2) and (d).
2010 Amendment.
Act 95 added section 7115, retroactive to November 9, 2009.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 71 - Interstate Compacts › Section 7121 - Deputization

§ 7121. Deputization.
(a) General rule.--
The secretary may deputize any person to act as an officer and agent of the Commonwealth in effecting the return of any person who has violated the terms and conditions of parole or probation as granted by the Commonwealth. In any matter relating to the return of such person, an agent so deputized has all the powers of a police officer of this Commonwealth.
(b) Evidence of deputization.--
A deputization under this section must be in writing and a person authorized to act as an agent of the Commonwealth under that authority shall carry formal evidence of the deputization and shall produce it on demand.
(c) Interstate contracts.--
(1) The secretary or a designee may, subject to the approval of the Auditor General, enter into contracts with similar officials of any other state for the purpose of sharing an equitable portion of the cost of effecting the return of any person who has violated the terms and conditions of parole or probation as granted by the Commonwealth.
(2) All interstate contracts entered into prior to the effective date of this paragraph are ratified and shall continue in effect according to their respective terms.
(June 30, 2021, P.L.260, No.59, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 61 - PRISONS AND PAROLE › Chapter 71 - Interstate Compacts › Section 7123 - Penalty

§ 7123. Penalty.
A person who is on parole or probation in another state and who resides in this Commonwealth in violation of section 7122 (relating to supervision of persons paroled by other states) commits a misdemeanor of the first degree and shall be sentenced to pay a fine of not more than $10,000 or to imprisonment for not more than five years, or both.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Extra - Title Notes

Special Provisions in Appendix.
See sections 4, 5 and 7 of Act 57 of 1998 in the appendix to this title for special
            provisions relating to legislative intent, terms of office of present members and
            applicability to contracts.
Enactment.
Unless otherwise noted, the provisions of Title 62 were added May 15, 1998, P.L.358,
            No.57, effective in 180 days.
Enactment.
Part I was added May 15, 1998, P.L.358, No.57, effective in 180 days.
Enactment.
Part II was added May 15, 1998, P.L.358, No.57, effective in 180 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Extra - Appendix To Title

APPENDIX TO TITLE 62
PROCUREMENT
Supplementary Provisions of Amendatory Statutes
1998, MAY 15, P.L.358, NO.57
§ 4. Legislative intent.
Except as otherwise provided, this act is intended to provide a complete and exclusive procedure to govern the procurement by Commonwealth agencies of supplies, services and construction, including the disposal of surplus supplies.
Explanatory Note.
Act 57 added Parts I and II of Title 62.
§ 5. Terms of office of present members.
The terms of office of the present members of the selection committee appointed pursuant to section 2401.1(19) of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, repealed by this act, shall not be affected by 62 Pa.C.S. § 905(d).
§ 7. Applicability to contracts.
This act shall apply to contracts solicited or entered into on or after the effective date of this act unless the parties agree to its application to a contract solicited or entered into prior to the effective date of this act.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 1 - General Provisions › Section 106 - Public access to procurement information (Repealed)

§ 106. Public access to procurement information (Repealed).
2008 Repeal.
Section 106 was repealed February 14, 2008 (P.L.6, No.3), effective January 1, 2009. The subject matter is now contained in the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 1 - General Provisions › Section 108 - Recycled materials

§ 108. Recycled materials.
(a) Commonwealth agency review.--
All Commonwealth agencies shall review their procurement procedures and specifications in accordance with section 1504 of the act of July 28, 1988 (P.L.556, No.101), known as the Municipal Waste Planning, Recycling and Waste Reduction Act.
(b) Preference for recycled content.--
For contracts exceeding the amount established by the department for small procurements under section 514 (relating to small procurements), the contracting officer shall comply with section 1505 of the Municipal Waste Planning, Recycling and Waste Reduction Act regarding a preference for bids containing a minimum percentage of recycled content for the supply subject to the bid.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 3 - Procurement Organization › Extra - Chapter Notes

Enactment.
Chapter 3 was added May 15, 1998, P.L.358, No.57, effective in 180 days.
Cross References.
Subchapter B is referred to in section 301 of this title.
Cross References.
Subchapter C is referred to in section 301 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 3 - Procurement Organization › Section 311 - Powers and duties

§ 311. Powers and duties.
Except as otherwise provided in this part, the department may promulgate regulations governing the procurement, management, control and disposal of any and all supplies, services and construction to be procured by Commonwealth agencies. The department shall consider and decide matters of policy within the provisions of this part. The department may audit and monitor the implementation of its regulations and the requirements of this part.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 3 - Procurement Organization › Section 312 - Procurement regulations

§ 312. Procurement regulations.
Regulations shall be promulgated by the department as provided in 45 Pa.C.S. Part II (relating to publication and effectiveness of Commonwealth documents) and by the appropriate purchasing agencies for those matters contained in section 301(c) (relating to procurement responsibility). The regulations shall be subject to the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act. The department may not delegate its power to promulgate regulations. No regulation may change any commitment, right or obligation of any Commonwealth agency or of a contractor under a contract in existence on the effective date of the regulation.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 3 - Procurement Organization › Section 321 - Powers and duties

§ 321. Powers and duties.
Except as otherwise specifically provided in this part, the department shall have the following powers and duties:
(1) Procure or supervise the procurement of all supplies, services and construction needed by executive agencies and those independent agencies for which the department acts as purchasing agency. Procurement authority may be delegated in writing by the Secretary of General Services.
(2) Exercise general supervision and control over all inventories of supplies belonging to executive agencies.
(3) Sell, trade or otherwise dispose of surplus supplies belonging to executive or independent agencies.
(4) Coordinate programs of executive and independent agencies for the inspection, testing and acceptance of supplies and construction to ensure availability of facilities and to avoid a duplication of functions.
(5) Establish and maintain a central office where businesses operating in this Commonwealth may obtain information pertaining to the procurement needs of Commonwealth agencies.
(6) Participate in the management and maintenance of a contractor responsibility program in coordination with the Office of the Budget and other agencies as may be directed by the Governor.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 3 - Procurement Organization › Section 326 - Board of Commissioners of Public Grounds and Buildings

§ 326. Board of Commissioners of Public Grounds and Buildings.
No lease of real estate for use by an executive or independent agency and no sole source procurement of supplies, except for computer software updates under $50,000, for an executive or independent agency for which the department acts as the purchasing agency shall be valid or effective unless, upon review, it is approved by the Board of Commissioners of Public Grounds and Buildings. Where the board is reviewing a proposed sole source lease or procurement being submitted pursuant to section 515 (relating to sole source procurement), approval of the lease or procurement shall require the unanimous vote of the board. Where the board is reviewing a proposed non-sole source lease, the lease shall be approved when one member of the board votes to approve the lease. All votes shall take place at a public meeting.
(Dec. 3, 2002, P.L.1147, No.142, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 3 - Procurement Organization › Section 327 - Office of the Budget

§ 327. Office of the Budget.
(a) Encumbrance of funds.--
For executive agencies and independent agencies and State-affiliated entities where the department is used as the purchasing agency, the Office of the Budget shall encumber sufficient funds for the payment of all invoices for the procurement of supplies, services and construction.
(b) Contractor responsibility program.--
The Office of the Budget shall participate in the management and maintenance of a contractor responsibility program in coordination with the department and other agencies as may be directed by the Governor.
(c) Comptroller review of contracts for services.--
(1) Except for contracts awarded pursuant to section 514 (relating to small procurements), the comptroller authorized in paragraph (2) shall review and approve all contracts for services for:
(i) Fiscal responsibility and budgetary appropriateness.
(ii) Availability of funds.
(2) Where the service contract is for an executive agency, independent agency or State-affiliated entity for which the Office of the Budget acts as comptroller, the Office of the Budget shall review and approve the contract. Where the service contract is for an independent agency or State-affiliated entity for which the Office of the Budget does not act as comptroller, the fiscal office or comptroller of that agency or entity shall review and approve the contract.
(d) Agency comptrollers.--
A Commonwealth agency comptroller may, at his option, serve as a nonvoting member of an evaluation committee for requests for proposals or a similar contract bidding or selection committee for the acquisition of services.
(e) Exceptions.--
Notwithstanding the foregoing, subsections (a) and (c) shall not apply to procurements made by the Office of Attorney General, the Department of the Auditor General or the Treasury Department. However, where the department is used as the purchasing agency, the Office of Attorney General, the Department of the Auditor General and the Treasury Department shall certify to the department that they have encumbered sufficient funds for the procurement.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 3 - Procurement Organization › Section 331 - Collection of data concerning public procurement

§ 331. Collection of data concerning public procurement.
All executive and independent agencies shall furnish such reports as the department may require concerning usage, needs and stock on hand, and the department may prescribe the format and forms to be used by the agencies in requisitioning, ordering and reporting supplies, services and construction.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 3 - Procurement Organization › Section 332 - Advisory groups

§ 332. Advisory groups.
(a) Procurement Advisory Council.--
The department may establish a Procurement Advisory Council and allocate funds for it that may be available. If created, the council, upon adequate public notice, shall meet at least once a year for the discussion of problems and recommendations for improvement of the procurement process. When requested by the department, the council may conduct studies, research and analyses and make reports and recommendations with respect to subjects or matters within the jurisdiction of the department. The council may consist of any qualified persons the department deems appropriate.
(b) Other advisory groups.--
The department may appoint advisory groups to assist with respect to specifications or procurement in specific areas and with respect to any other matters within the authority of the department.
(c) Reimbursement of expenses.--
Members of the council and other advisory groups may be reimbursed for expenses incurred in the performance of their duties, subject to expenditure limitations prescribed by the department.
(d) Conflict of interest.--
Members of the council and other advisory groups shall be considered State advisors under the act of July 19, 1957 (P.L.1017, No.451), known as the State Adverse Interest Act, and, as such, shall be subject to the prohibitions for State advisors set forth in that act, provided that a member shall not be deemed to have an adverse interest by virtue of any action taken by the council or other advisory groups if the member discloses the conflict of interest and properly recuses himself from participating in any recommendation of the council or an advisory group.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 5 - Source Selection and Contract Formation › Extra - Chapter Notes

Enactment.
Chapter 5 was added May 15, 1998, P.L.358, No.57, effective in 180 days.
Cross References.
Chapter 5 is referred to in sections 1903, 1904 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 5 - Source Selection and Contract Formation › Section 501 - Definitions

§ 501. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Established catalog price."
The price included in a catalog, price list, schedule or other form that:
(1) is regularly maintained by a manufacturer or contractor;
(2) is either published or otherwise available for inspection by customers; and
(3) states prices at which sales are currently or were last made to a significant number of any category of buyers or buyers constituting the general buying public for the supplies or services involved.
"Invitation for bids."
(Deleted by amendment).
"Life cycle cost."
The total cost of the supply in terms of purchase cost, installation cost, maintenance cost, energy cost, supply cost and other costs.
"Procurement description."
The words used in a solicitation to describe the supplies, services or construction to be procured. The term includes specifications attached to or made a part of the solicitation.
"Request for proposals."
(Deleted by amendment).
"Responsible bidder or offeror."
(Deleted by amendment).
"Responsive bidder or offeror."
(Deleted by amendment).
"Sealed bid or proposal."
(Deleted by amendment).
(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 511 - Methods of source selection

§ 511. Methods of source selection.
Unless otherwise authorized by law, all Commonwealth agency contracts shall be awarded by competitive sealed bidding under section 512 (relating to competitive sealed bidding) except as provided in:
Section 512.1 (relating to competitive electronic auction bidding).
Section 513 (relating to competitive sealed proposals).
Section 514 (relating to small procurements).
Section 515 (relating to sole source procurement).
Section 516 (relating to emergency procurement).
Section 517 (relating to multiple awards).
Section 518 (relating to competitive selection procedures for certain services).
Section 519 (relating to selection procedure for insurance and notary bonds).
Section 520 (relating to supplies manufactured and services performed by persons with disabilities).
Section 905 (relating to procurement of design professional services).
(Dec. 3, 2002, P.L.1147, No.142, eff. imd.)
Cross References.
Section 511 is referred to in sections 322, 512 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 5 - Source Selection and Contract Formation › Section 512.1 - Competitive electronic auction bidding

§ 512.1. Competitive electronic auction bidding.
(a) Conditions for use.--
If the purchasing agency determines in writing that use of competitive electronic auction bidding is in the best interests of the Commonwealth, a contract for supplies or services, but not construction, may be entered into by competitive electronic auction bidding.
(b) Invitation for bids.--
An invitation for bids shall be issued and shall include a procurement description and all contractual terms, whenever practical, and conditions applicable to the procurement, including a notice that bids will be received in an electronic auction manner.
(c) Public notice.--
Public notice of the invitation for bids shall be given in the same manner as provided in section 512(c) (relating to competitive sealed bidding).
(d) Auctions.--
Bids shall be accepted electronically at the time and in the manner designated in the invitation for bids. During the auction a bidder's price shall be disclosed to other bidders. Bidders shall have the opportunity to reduce their bid prices during the auction. At the conclusion of the auction, the record of the bid prices received and the name of each bidder shall be open to public inspection.
(e) Withdrawal of bids.--
After the auction period has terminated, withdrawal of bids shall be permitted as provided in section 512(f)(2).
(f) Award.--
The contract shall be awarded within 60 days of the auction by written notice to the lowest responsible bidder, or all bids shall be rejected except as otherwise provided in this section. Extensions of the date for the award may be made by mutual written consent of the contracting officer and the lowest responsible bidder.
(Dec. 3, 2002, P.L.1147, No.142, eff. imd.)
2002 Amendment.
Act 142 added section 512.1.
Cross References.
Section 512.1 is referred to in section 511 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 5 - Source Selection and Contract Formation › Section 513 - Competitive sealed proposals

§ 513. Competitive sealed proposals.
(a) Conditions for use.--
When the contracting officer determines in writing that the use of competitive sealed bidding is either not practicable or advantageous to the Commonwealth, a contract may be entered into by competitive sealed proposals.
(b) Request for proposals.--
Proposals shall be solicited through a request for proposals.
(c) Public notice.--
Public notice of the request for proposals shall be given in the same manner as provided in section 512(c) (relating to competitive sealed bidding).
(d) Receipt of proposals.--
Offerors shall submit their proposals to ensure that their proposals are received prior to the time and date established for receipt of the proposals. Proposals shall be submitted in the format required by the request for proposals. Proposals shall be opened so as to avoid disclosure of their contents to competing offerors.
(e) Evaluation.--
The relative importance of the evaluation factors shall be fixed prior to opening the proposals. A Commonwealth agency shall invite its comptroller to participate in the evaluation as a nonvoting member of any evaluation committee. No individual who has been employed by an offeror within the preceding two years may participate in the evaluation of proposals.
(f) Discussion with responsible offerors and revision of proposals.--
As provided in the request for proposals, discussions and negotiations may be conducted with responsible offerors for the purpose of clarification and of obtaining best and final offers. Responsible offers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing offerors.
(g) Selection for negotiation.--
The responsible offeror whose proposal is determined in writing to be the most advantageous to the purchasing agency, taking into consideration price and all evaluation factors, shall be selected for contract negotiation.
(h) Contract negotiation.--
(Deleted by amendment).
(Dec. 3, 2002, P.L.1147, No.142, eff. imd.; Oct. 21, 2014, P.L.2517, No.149, eff. 60 days)
2014 Amendment.
Act 149 amended subsec. (e).
2002 Amendment.
Act 142 amended subsecs. (f) and (g) and deleted subsec. (h).
Cross References.
Section 513 is referred to in sections 106.1, 511, 517, 534, 561, 3741 of this title; section 9604 of Title 51 (Military Affairs).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 5 - Source Selection and Contract Formation › Section 514 - Small procurements

§ 514. Small procurements.
If the procurement is not the subject of a Statewide requirements contract between the purchasing agency and a contractor, the head of the purchasing agency may authorize in writing procurements without formal bid procedures, not exceeding the amount established by the purchasing agency. The head of the purchasing agency may authorize procurement of the supply or service on a no-bid basis for procurements which do not exceed the amount established by the head of the purchasing agency for small, no-bid procurements. The head of the purchasing agency may authorize procurement on a no-bid basis for construction projects that do not exceed a total construction cost of $10,000. The amount of $10,000 shall be adjusted annually by the department to reflect the annual percentage change in the Composite Construction Cost Index of the United States Department of Commerce occurring in the one-year period ending December 31 of each year. Procurement requirements shall not be artificially divided so as to constitute a small procurement under this section. Small procurements shall be made in accordance with the requirements of the written authorization and this section. Records of all small procurements shall be transmitted to the purchasing agency.
(Dec. 3, 2002, P.L.1147, No.142, eff. imd.)
Cross References.
Section 514 is referred to in sections 107, 108, 322, 327, 511, 515, 518, 564, 905 of this title; section 13A06 of Title 65 (Public Officers).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 5 - Source Selection and Contract Formation › Section 515 - Sole source procurement

§ 515. Sole source procurement.
(a) General rule.--
A contract may be awarded for a supply, service or construction item without competition if the contracting officer first determines in writing that one of the following conditions exists:
(1) Only a single contractor is capable of providing the supply, service or construction.
(2) A Federal or State statute or Federal regulation exempts the supply, service or construction from the competitive procedure.
(3) The total cost of the supply, service or construction is less than the amount established by the department for small, no-bid procurements under section 514 (relating to small procurements).
(4) It is clearly not feasible to award the contract for supplies or services on a competitive basis.
(5) The services are to be provided by attorneys or litigation consultants selected by the Office of General Counsel, the Office of Attorney General, the Department of the Auditor General or the Treasury Department.
(6) The services are to be provided by expert witnesses.
(7) The services involve the repair, modification or calibration of equipment and they are to be performed by the manufacturer of the equipment or by the manufacturer's authorized dealer, provided the contracting officer determines that bidding is not appropriate under the circumstances.
(8) The contract is for investment advisors or managers selected by the Public School Employees' Retirement System, the State Employees' Retirement System or a State-affiliated entity.
(9) The contract is for financial or investment experts to be used and selected by the Treasury Department or financial or investment experts selected by the Secretary of the Budget.
(10) The contract for supplies or services is in the best interest of the Commonwealth.
(b) Written determination.--
The written determination authorizing sole source procurement shall be included in the contract file. For procurements over $250,000 made under subsection (a)(10), the determination shall be signed by the head of the purchasing agency.
(c) Approval required by board of commissioners of public grounds and buildings.--
With the exception of small procurements under section 514 and emergency procurements under section 516 (relating to emergency procurement), if the sole source procurement is for a supply, except for computer software updates under $50,000, for which the department acts as purchasing agency, it must be approved by the Board of Commissioners of Public Grounds and Buildings prior to the award of a contract.
(Dec. 3, 2002, P.L.1147, No.142, eff. imd.; Nov. 4, 2016, P.L.1216, No.163, eff. 60 days)
Cross References.
Section 515 is referred to in sections 106.1, 326, 511, 518, 519, 534, 561, 564, 905 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 5 - Source Selection and Contract Formation › Section 516 - Emergency procurement

§ 516. Emergency procurement.
The head of a purchasing agency may make or authorize others to make an emergency procurement when there exists a threat to public health, welfare or safety or circumstances outside the control of the agency create an urgency of need which does not permit the delay involved in using more formal competitive methods. Whenever practical, in the case of a procurement of a supply, at least two quotes shall be solicited. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the procurement file. No written contract may be required. The supplier of the supply, service or construction may be paid based on the emergency approval and approved invoice.
(Nov. 4, 2016, P.L.1216, No.163, eff. 60 days)
Cross References.
Section 516 is referred to in sections 106.1, 511, 515, 518, 519, 541, 561, 564, 905, 3604 of this title; section 13A06 of Title 65 (Public Officers).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 5 - Source Selection and Contract Formation › Section 517 - Multiple awards

§ 517. Multiple awards.
(a) Conditions for use.--
Contracts may be entered into on a multiple award basis when the head of the purchasing agency determines that one or more of the following criteria is applicable:
(1) It is administratively or economically impractical to develop or modify specifications for a myriad of related supplies because of rapid technological changes.
(2) The subjective nature in the use of certain supplies and the fact that recognizing this need creates a more efficient use of the item.
(3) It is administratively or economically impractical to develop or modify specifications because of the heterogeneous nature of the product lines.
(4) There is a need for compatibility with existing systems.
(5) The agency should select the contractor to furnish the supply, service or construction based upon best value or return on investment.
(b) Solicitation process.--
Invitations to bid or requests for proposals shall be issued for the supplies, services or construction to be purchased.
(c) Public notice.--
Public notice of the invitation for bids or request for proposals shall be given in the same manner as provided in section 512(c) (relating to competitive sealed bidding).
(d) Receipt of bids or proposals.--
Bids shall be opened in the same manner as provided in section 512(d). Proposals shall be received in the same manner as provided in section 513(d) (relating to competitive sealed proposals).
(e) Award.--
The invitation for bids or request for proposals shall describe the method for selection of the successful bidders or offerors. There are three options:
(1) Awards shall be made to the lowest responsible bidder or offeror for each designated manufacturer.
(2) Awards shall be made to the two or three lowest responsible bidders or offerors for each designated manufacturer.
(3) Awards shall be made to all responsible bidders or offerors.
(f) Selection.--
A Commonwealth agency may select a contractor from the bidders or offerors awarded contracts under subsection (e) to furnish the supply, service or construction based upon best value or return on investment.
(Dec. 3, 2002, P.L.1147, No.142, eff. imd.)
2002 Amendment.
Act 142 amended subsecs. (c) and (e) and added subsec. (f).
Cross References.
Section 517 is referred to in sections 511, 1902 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 5 - Source Selection and Contract Formation › Section 518 - Competitive selection procedures for certain services

§ 518. Competitive selection procedures for certain services.
(a) Conditions for use.--
The services of accountants, clergy, physicians, lawyers, dentists and other professional services which are not performed by other Commonwealth employees shall be procured in accordance with this section except as authorized under section 514 (relating to small procurements), 515 (relating to sole source procurement) or 516 (relating to emergency procurement).
(b) Statement of qualifications.--
Persons engaged in providing the types of services specified in subsection (a) may submit statements of qualifications and expressions of interest in providing these services. The contracting officer may specify a uniform format for statements of qualifications. Persons may amend these statements at any time by filing a new statement.
(c) Request for proposals.--
Adequate notice of the need for the services specified in subsection (a) shall be given by the purchasing agency through a request for proposals. The request for proposals shall describe the services required, list the type of information required of each offeror and state the relative importance of the particular information.
(d) Discussions.--
The contracting officer may conduct discussions with any responsible offeror to determine the offeror's qualifications for further consideration. Discussions shall not disclose any information derived from proposals submitted by other offerors.
(e) Award.--
Award shall be made to the responsible offeror determined in writing by the contracting officer to be best qualified based on the evaluation factors set forth in the request for proposals. Fair and reasonable compensation shall be determined through negotiation. If compensation cannot be agreed upon with the best qualified responsible offeror, then negotiations will be formally terminated with the offeror. If proposals were submitted by one or more other responsible offerors, negotiations may be conducted with the other responsible offeror or responsible offerors in the order of their respective qualification ranking. The contract may be awarded to the responsible offeror then ranked as best qualified if the amount of compensation is determined to be fair and reasonable.
(Dec. 3, 2002, P.L.1147, No.142, eff. imd.)
2002 Amendment.
Act 142 amended subsecs. (a), (d) and (e).
Cross References.
Section 518 is referred to in sections 511, 561 of this title; section 1555 of Title 64 (Public Authorities and Quasi-Public Corporations).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 62 - PROCUREMENT › Chapter 5 - Source Selection and Contract Formation › Section 519 - Selection procedure for insurance and notary bonds

§ 519. Selection procedure for insurance and notary bonds.
(a) Conditions for use.--
Insurance and notary bonds shall be procured by the department in accordance with this section except as authorized under section 515 (relating to sole source procurement) or 516 (relating to emergency procurement).
(b) Statement of qualifications.--
Insurance and bond carriers may submit statements of qualifications and expressions of interest in providing insurance or notary bonds. The department may specify a uniform format for statements of qualifications.
(c) Request for proposals.--
Adequate notice of the need for insurance or notary bond coverage shall be given by the purchasing agency through a request for proposals. The request for proposals shall describe the type of insurance or bond coverage required and list the type of information and data required of each offeror.
(d) Receipt of proposals.--
Offerors shall submit their proposals prior to the time and date specified.
(e) Discussions with responsible offerors and revision to proposals.--
Discussions and negotiations may be conducted with responsible offerors. Responsible offerors shall be accorded fair and equal treatment with respect to any opportunity for discussion, negotiation and revision of proposals. Revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers.
(f) Award.--
Award shall be made to the responsible offeror whose proposal is determined in writing by the department to be the most advantageous to the Commonwealth based on criteria determined by the department, including the coverage offered and the cost of the premium.
(Dec. 3, 2002, P.L.1147, No.142, eff. imd.)
2002 Amendment.
Act 142 amended subsecs. (e) and (f).
Cross References.
Section 519 is referred to in sections 511, 561 of this title.