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Procurement responsibility - 62 Pa. Cons. Stat. § 301

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                                CHAPTER 3
                         PROCUREMENT ORGANIZATION

     Subchapter
        A.  Organization of Public Procurement
        B.  Procurement Policy
        C.  Powers and Duties of Department
        D.  Powers and Duties of Board of Commissioners of
            Public Grounds and Buildings and Office of the Budget
        E.  Coordination, Training and Education

        Enactment.  Chapter 3 was added May 15, 1998, P.L.358, No.57,
     effective in 180 days.

                               SUBCHAPTER A
                    ORGANIZATION OF PUBLIC PROCUREMENT

     Sec.
     301.  Procurement responsibility.
     § 301.  Procurement responsibility.
        (a)  General organization.--Formulation of procurement policy
     governing the procurement, management, control and disposal of
     supplies, services and construction for executive and
     independent agencies shall be the responsibility of the
     department as provided for in Subchapter B (relating to
     procurement policy). The procurement and supervision of the
     procurement of supplies, services and construction for executive
     agencies and those independent agencies for which the department
     acts as purchasing agency shall be the responsibility of the
     department as provided for in Subchapter C (relating to powers
     and duties of department).
        (b)  Application to independent agencies.--Except as
     otherwise specifically provided by law and this section,
     independent agencies shall use the department as their
     purchasing agency for the procurement of supplies or
     construction. Independent agencies shall have the authority to
     procure their own services. However, when any independent agency
     acts as its own purchasing agency, it shall use the procedures
     provided in this part for any procurement of supplies, services
     or construction.
        (c)  Exceptions for executive and independent agencies.--The
     following supplies, services and construction need not be
     procured through the department, nor shall the procurement
     policy be established by the department, but shall nevertheless
     be procured by the appropriate purchasing agency, subject to the
     requirements of this part:
            (1)  Bridge, highway, dam, airport (except vertical
        construction), railroad or other heavy or specialized
        construction, including:
                (i)  The construction of facilities and improvements
            by the Department of Conservation and Natural Resources
            in State parks and State forests.
                (ii)  Construction activities, excluding buildings,
            solely within the expertise of the Department of
            Environmental Protection, including, but not limited to,
            mine reclamation, oil and gas well plugging, waste site
            remediation, flood control and stream rehabilitation.
                (iii)  Owner-controlled insurance programs for
            bridge, highway, dam, airport, railroad or other heavy or
            specialized construction.
            (2)  Works of art, historic objects and documents for
        acquisition and public exhibition.
            (3)  Published books, maps, periodicals, technical
        pamphlets, compact discs, video and audio reproductions,
        subscriptions and professional memberships.
            (4)  Perishable food stuffs.
            (5)  The procurement of services, the renting of
        machinery and equipment and the licensing of specialized
        computer software by the Office of Attorney General, the
        Department of the Auditor General and the Treasury
        Department.
        (d)  Application to State-affiliated entities.--State-
     affiliated entities may formulate their own procurement policy
     governing the procurement, management, control and disposal of
     supplies, services and construction and may act as their own
     purchasing agency for the procurement of supplies, services and
     construction, but they are required to use the procedures
     provided in this part for such procurement.
     (Dec. 3, 2002, P.L.1147, No.142, eff. imd.)

        2002 Amendment.  Act 142 amended subsec. (c).
        Cross References.  Section 301 is referred to in sections
     312, 3902 of this title.

Last modified: November 27, 2007