Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article II - CONSTRUCTION › Chapter 67a - STEEL PRODUCTS PROCUREMENT-STATEMENT OF POLICY › Section 67a.1 - Exempt machinery and equipment steel products

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The initial list of exempt steel products
					 will be compiled by the Deputy Secretary for Public Works or a designee from
					 waiver forms submitted and approved in the previous 2 calendar years. The list
					 will be published in the
Pennsylvania Bulletin
and the public
					 will have 30 days to submit written comments as to the domestic availability of
					 a steel product on the list.
(b)
					 Written comments shall be submitted in writing to the Deputy Secretary for
					 Public Works, Department of General Services, 18th and Herr Streets,
					 Harrisburg, Pennsylvania 17125, or submitted to ra-steel@pa.gov. The writing
					 must be supported with a mill certification indicating that the steel was
					 melted in the United States of America or an executed Steel Origin
					 Certification form, found on the Department's web site, indicating the disputed
					 product is produced domestically.
(c) The Deputy Secretary for Public Works or
					 a designee will review the comments and supporting evidence and may request
					 additional information required to make a determination as to whether the
					 product is produced domestically in sufficient quantities to meet contract
					 requirements. If the disputed steel product is found to be produced
					 domestically in sufficient quantities, the steel product may be removed from
					 the list prior to publication on the Department's publicly accessible web
					 site.
(d) Following the 30-day
					 public comment period and the Department of General Services' (Department)
					 review of disputed steel products, if any, the official annual list will be
					 posted to the Department's publicly accessible web site. The Department will
					 not make changes to the official annual list for 1 year from the date of
					 publication on the web site. The Department will solicit comments and publish
					 an updated annual list in the
Pennsylvania Bulletin
in the
					 next calendar year.
(e) For each
					 subsequent annual list, the Department will identify specific machinery and
					 equipment steel products that have been recognized as not being produced in the
					 United States in sufficient quantities to meet the previous year's contract
					 requirements. The Department will utilize the previous annual list and add
					 steel products from "not domestically manufactured" forms submitted and
					 approved by the Department during the previous calendar year. The list will be
					 published in the
Pennsylvania Bulletin
and the public will
					 have 30 days to comment on the list. Disputed steel products will be resolved
					 as stated in this section.
(f) The
					 Department will update the list of exempt steel products on or about January
					 31st of each calendar year.
(g)
					 Contractors, subcontractors, suppliers, bidders, offerors and public agencies
					 may rely on the list of exempt steel products in preparing bids and contracts
					 for any project that is subject to the Steel Products Procurement Act
					 (73
					 P. S. §
												§
												1881-1887).
(h) Chapter 5, Subchapter A of 2 Pa.C.S.
					 (relating to practice and procedure of Commonwealth agencies) does not apply to
					 this chapter.