Court Opinions

State Laws

US Code

US Constitution

Sole source procurement - 62 Pa. Cons. Stat. § 515

Legal Research Home > Pennsylvania Statutes

     § 515.  Sole source procurement.
        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.
     The written determination authorizing sole source procurement
     shall be included in the contract file. 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.)

        Cross References.  Section 515 is referred to in sections
     326, 511, 518, 519, 534, 561, 564, 905 of this title.

Last modified: November 27, 2007