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Definitions - 62 Pa. Cons. Stat. § 103

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     § 103.  Definitions.
        Subject to additional definitions contained in subsequent
     provisions of this part which are applicable to specific
     provisions of this part, the following words and phrases when
     used in this part shall have the meanings given to them in this
     section unless the context clearly indicates otherwise:
        "Bidder."  A person that submits a bid in response to an
     invitation for bids.
        "Change order."  A written order signed by the contracting
     officer directing the contractor to make changes which the
     changes clause of the contract authorizes the contracting
     officer to order. The change order may be either with the
     consent of the contractor or a unilateral order by the
     contracting officer.
        "Commonwealth agency."  An executive agency, an independent
     agency or a State-affiliated entity.
        "Construction."  The process of building, altering,
     repairing, improving or demolishing any public structure or
     building or other public improvements of any kind to any public
     real property. The term does not include the routine operation
     or maintenance of existing structures, buildings or real
     property.
        "Contract."  A type of written agreement, regardless of what
     it may be called, for the procurement or disposal of supplies,
     services or construction and executed by all parties in
     accordance with the act of October 15, 1980 (P.L.950, No.164),
     known as the Commonwealth Attorneys Act.
        "Contract modification."  A written alteration in
     specifications, delivery point, rate of delivery, period of
     performance, price, quantity or other provisions of any contract
     accomplished by mutual action of the parties to the contract.
        "Contractor."  A person that has entered into a contract with
     a Commonwealth agency.
        "Contracting officer."  A person authorized to enter into and
     administer contracts and make written determinations with
     respect to contracts.
        "Department."  The Department of General Services of the
     Commonwealth.
        "Design/build contract."  A construction contract in which
     the contractor is responsible for both the design and
     construction of any public structure or building or other public
     improvements of any kind to any public real property.
        "Employee."  An individual drawing a salary or wages from a
     Commonwealth agency, whether elected or not, and any
     noncompensated individual performing personal services for any
     Commonwealth agency.
        "Executive agency."  The Governor and the departments,
     boards, commissions, authorities and other officers and agencies
     of the Commonwealth. The term does not include any court or
     other officer or agency of the unified judicial system, the
     General Assembly and its officers and agencies or any
     independent agency or State-affiliated entity.
        "Firm, fixed-price contract."  A contract where the total
     amount to be paid to the contractor is fixed and is not subject
     to adjustment by reason of the cost experience of the
     contractor. The term includes contracts where the unit price is
     set but the total price varies because actual quantities
     purchased deviate from the quantities estimated to be purchased.
     The term also includes contracts where the price may be adjusted
     in accordance with a contractually established price adjustment
     provision which is not based upon the contractor's costs.
        "Independent agency."  Boards, commissions and other agencies
     and officers of the Commonwealth which are not subject to the
     policy supervision and control of the Governor. The term does
     not include any State-affiliated entity, any court or other
     officer or agency of the unified judicial system, the General
     Assembly and its officers and agencies, any State-related
     institution, political subdivision or any local, regional or
     metropolitan transportation authority.
        "Invitation for bids."  All documents, including those either
     attached or incorporated by reference, used for soliciting bids.
        "Medical assistance provider agreement."  A written agreement
     by a licensed or qualified provider of medically related
     services to participate in the medical assistance program
     administered by the Department of Public Welfare.
        "Offeror."  A person that submits a proposal in response to a
     request for proposals.
        "Participating provider agreement."  A written agreement
     between the Department of Health and a licensed or qualified
     provider of medically related services which was approved by the
     Office of the Budget and the Department of General Services and
     was awarded on a noncompetitive basis.
        "Policy statement."  Any document, except an adjudication,
     regulation or privileged communication prepared by a
     Commonwealth agency which sets forth substantive or procedural
     personal or property rights, privileges, immunities, duties,
     liabilities or obligations of the public or any person,
     including any document interpreting or implementing any statute
     enforced or administered by the agency.
        "Procurement."  Buying, purchasing, renting, leasing,
     licensing or otherwise acquiring any supplies, services or
     construction. The term also includes all functions that pertain
     to the obtaining of any supply, service or construction,
     including description of requirements, selection and
     solicitation of sources, preparation and award of contract and
     all phases of contract administration.
        "Purchasing agency."  A Commonwealth agency authorized by
     this part or by other law to enter into contracts for itself or
     as the agent of another Commonwealth agency. When purchasing for
     another Commonwealth agency, the purchasing agency acts on
     behalf of the principal which needs the supplies, services and
     construction and shall coordinate and cooperate with that
     agency.
        "Regulation."  A regulation as defined in 45 Pa.C.S. § 501
     (relating to definitions). This term shall include the
     amendment, revision or otherwise alteration of the terms and
     provisions of a regulation.
        "Request for proposals."  All documents, including those
     either attached or incorporated by reference, used for
     soliciting proposals.
        "Responsible bidder."  A bidder that has submitted a
     responsive bid and that possesses the capability to fully
     perform the contract requirements in all respects and the
     integrity and reliability to assure good faith performance.
        "Responsible offeror."  An offeror that has submitted a
     responsive proposal and that possesses the capability to fully
     perform the contract requirements in all respects and the
     integrity and reliability to assure good faith performance.
        "Responsive bid."  A bid which conforms in all material
     respects to the requirements and criteria in the invitation for
     bids.
        "Responsive proposal."  A proposal which conforms in all
     material respects to the requirements and criteria in the
     request for proposals.
        "Sealed bid."  A bid whose contents are not disclosed until
     the bid opening time. Bids are typically submitted in sealed
     envelopes to meet this requirement, but electronic submission is
     not prohibited so long as the purchasing agency has the
     electronic capability to maintain the confidentiality of the bid
     until the bid opening time.
        "Sealed proposal."  A proposal whose contents are not
     disclosed until the proposal receipt date. Proposals are
     typically submitted in sealed envelopes to meet this
     requirement, but electronic submission is not prohibited so long
     as the purchasing agency has the electronic capability to
     maintain the confidentiality of the proposal until the proposal
     receipt date.
        "Services."  The furnishing of labor, time or effort by a
     contractor not involving the delivery of a specific end product
     other than drawings, specifications or reports which are merely
     incidental to the required performance. The term shall include
     the routine operation or maintenance of existing structures,
     buildings or real property. The term does not include employment
     agreements or collective bargaining agreements. The term
     includes utility services and those services formerly provided
     by public utilities such as electrical, telephone, water and
     sewage service.
        "Specification."  A description of the physical or functional
     characteristics or the nature of a supply, service or
     construction item, including a description of any requirement
     for inspecting, testing or preparing a supply, service or
     construction item for delivery.
        "State-affiliated entity."  A Commonwealth authority or a
     Commonwealth entity. The term includes the Pennsylvania Turnpike
     Commission, the Pennsylvania Housing Finance Agency, the
     Pennsylvania Municipal Retirement System, the Pennsylvania
     Infrastructure Investment Authority, the State Public School
     Building Authority, the Pennsylvania Higher Educational
     Facilities Authority and the State System of Higher Education.
     The term does not include any court or other officer or agency
     of the unified judicial system, the General Assembly and its
     officers and agencies, any State-related institution, political
     subdivision or any local, regional or metropolitan
     transportation authority.
        "State-related institution."  The Pennsylvania State
     University, the University of Pittsburgh, Lincoln University or
     Temple University.
        "Statewide requirements contract."  A contract entered into
     by the Department of General Services as purchasing agency which
     covers the annual, semiannual or quarterly contract requirements
     of all Commonwealth agencies and allows the agencies to order
     needed supplies directly from the contractor.
        "Supplies."  Any property, including, but not limited to,
     equipment, materials, printing, insurance and leases of and
     installment purchases of tangible or intangible personal
     property. The term does not include real property, leases of
     real property or alcoholic beverages or liquor purchased for
     resale by the Pennsylvania Liquor Control Board.
        "Using agency."  A Commonwealth agency which utilizes any
     supplies, services or construction procured under this part.
     (Dec. 3, 2002, P.L.1147, No.142, eff. imd.)

        2002 Amendment.  Act 142 amended the def. of "contract" and
     added the defs. of "bidder," "contractor," "invitation for
     bids," "medical assistance provider agreement," "offeror,"
     "participating provider agreement," "request for proposals,"
     "responsible bidder," "responsible offeror," "responsive bid,"
     "responsive proposal," "sealed bid" and "sealed proposal."
        Cross References.  Section 103 is referred to in sections
     520, 3102, 3902 of this title; section 13A03 of Title 65 (Public
     Officers).

Last modified: November 27, 2007