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Application of part - 62 Pa. Cons. Stat. § 102

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     § 102.  Application of part.
        (a)  Application to Commonwealth procurement.--This part
     applies to every expenditure of funds, other than the investment
     of funds, by Commonwealth agencies under any contract,
     irrespective of their source, including Federal assistance
     moneys except as specified in section 2108 (relating to
     compliance with Federal requirements). This part does not apply
     to contracts between Commonwealth agencies or between the
     Commonwealth and its political subdivisions or other governments
     except as provided in Chapter 19 (relating to intergovernmental
     relations). Nothing in this part or in accompanying regulations
     shall prevent any Commonwealth agency or political subdivision
     from complying with the terms and conditions of any grant, gift,
     bequest or cooperative agreement.
        (b)  Application to disposal of Commonwealth supplies.--This
     part applies to the disposal of supplies of Commonwealth
     agencies.
        (c)  Application to General Assembly and unified judicial
     system.--The General Assembly and its agencies and the unified
     judicial system and its agencies may use the department as its
     purchasing agency for the purchase of supplies under this part
     and may use the department to dispose of surplus supplies under
     Chapter 15 (relating to supply management).
        (d)  Application to certain entities.--Nothing in this part
     shall apply to the entity created by the act of August 7, 1963
     (P.L.549, No.290), referred to as the Pennsylvania Higher
     Education Assistance Agency Act.
        (e)  Application to medical assistance provider agreements
     and participating provider agreements.--Nothing in this part
     shall apply to medical assistance provider agreements
     administered by the Department of Public Welfare or to
     participating provider agreements entered into by the Department
     of Health.
        (f)  Application to grants.--This part does not apply to
     grants. For the purpose of this part, a grant is the furnishing
     of assistance by the Commonwealth or any person, whether
     financial or otherwise, to any person to support a program. The
     term does not include an award whose primary purpose is to
     procure construction for the grantor. Any contract resulting
     from such an award is not a grant but a procurement contract.
        (f.1)  Application to loans.--This part does not apply to
     loans. For the purpose of this part, a loan is the disbursement
     of funds by the Commonwealth to any person where the principal
     amount disbursed is required to be repaid to the Commonwealth,
     with or without interest, under an agreement.
        (g)  Impact on existing acts.--Nothing in this part shall
     affect the scope, effect or applicability of the act of August
     15, 1961 (P.L.987, No.442), known as the Pennsylvania Prevailing
     Wage Act, the act of March 3, 1978 (P.L.6, No.3), known as the
     Steel Products Procurement Act, and the act of July 23, 1968
     (P.L.686, No.226), entitled "An act equalizing trade practices
     in public works procurement; authorizing the purchase by the
     Commonwealth, its political subdivisions, and all public
     agencies, of aluminum and steel products produced in a foreign
     country, provided the foreign country does not prohibit or
     discriminate against the importation to, sale or use in the
     foreign country of supplies, material or equipment manufactured
     in this Commonwealth; establishing procedures for determining
     whether foreign countries discriminate against supplies,
     materials or equipment manufactured in this Commonwealth; and
     imposing penalties and providing for relief for violation of
     this act."
     (Dec. 3, 2002, P.L.1147, No.142, eff. imd.)

        2002 Amendment.  Act 142 amended subsec. (e) and added
     subsec. (f.1).

Last modified: November 27, 2007