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Procurement - 62 Pa. Cons. Stat.

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    PART I. COMMONWEALTH PROCUREMENT CODE
    Chapter 1. General Provisions
  • § 101.  Short title of part.
    This part shall be known and may be cited as the Commonwealth Procurement Code. ...
  • § 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 ...
  • § 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 ...
  • § 104.  General principles of law otherwise applicable.
    Unless displaced by the particular provisions of this part, existing Pennsylvania law, including Title 13 (relating to commercial code), shall supplement the provisions of this ...
  • § 105.  Determinations.
    Written determinations required by this part shall be retained in the appropriate official contract file. ...
  • § 106.  Public access to procurement information.
    (a) Open records.--Except as provided in section 512(d) (relating to competitive sealed bidding) and subsection (b), any documents created by or provided to any Commonwealth ...
  • § 107.  Reciprocal limitations.
    (a) Short title of section.--This section shall be known and may be cited as the Reciprocal Limitations Act. (b) Legislative findings.--It is hereby determined by ...
  • § 108.  Recycled materials.
    (a) Commonwealth agency review.--All Commonwealth agencies shall review their procurement procedures and specifications in accordance with section 1504 of the act of July 28, 1988 ...

  • Chapter 3. Procurement Organization
    Subchapter A. Organization of Public Procurement
  • § 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 ...

  • Subchapter B. Procurement Policy
  • § 311.  Powers and duties.
    Except as otherwise provided in this part, the department may promulgate regulations governing the procurement, management, control and disposal of any and all supplies, services ...
  • § 312.  Procurement regulations.
    Regulations shall be promulgated by the department as provided in 45 Pa.C.S. Part II (relating to publication and effectiveness of Commonwealth documents) and by the ...

  • Subchapter C. Powers and Duties of Department
  • § 321.  Powers and duties.
    Except as otherwise specifically provided in this part, the department shall have the following powers and duties: (1) Procure or supervise the procurement of all ...
  • § 322.  Specific construction powers, duties and procedures.
    The following procedure shall apply to construction to be completed by the department which costs more than the amount established by the department under section ...

  • Subchapter D. Powers and Duties of Board of Commissioners of
    Public Grounds and Buildings and Office of
    the Budget
  • § 326.  Board of Commissioners of Public Grounds and Buildings.
    No lease of real estate for use by an executive or independent agency and no sole source procurement of supplies, except for computer software updates ...
  • § 327.  Office of the Budget.
    (a) Encumbrance of funds.--For executive agencies and independent agencies and State-affiliated entities where the department is used as the purchasing agency, the Office of the ...

  • Subchapter E. Coordination, Training and Education
  • § 331.  Collection of data concerning public procurement.
    All executive and independent agencies shall furnish such reports as the department may require concerning usage, needs and stock on hand, and the department may ...
  • § 332.  Advisory groups.
    (a) Procurement Advisory Council.--The department may establish a Procurement Advisory Council and allocate funds for it that may be available. If created, the council, upon ...

  • Chapter 5. Source Selection and Contract Formation
    Subchapter A. Definitions
  • § 501.  Definitions.
    The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...

  • Subchapter B. Methods of Source Selection
  • § 511.  Methods of source selection.
    Unless otherwise authorized by law, all Commonwealth agency contracts shall be awarded by competitive sealed bidding under section 512 (relating to competitive sealed bidding) except ...
  • § 512.  Competitive sealed bidding.
    (a) Conditions for use.--Contracts shall be awarded by competitive sealed bidding except as otherwise provided in section 511 (relating to methods of source selection). (b) ...
  • § 512.1. Competitive electronic auction bidding.
  • § 513.  Competitive sealed proposals.
    (a) Conditions for use.--When the contracting officer determines in writing that the use of competitive sealed bidding is either not practicable or advantageous to the ...
  • § 514.  Small procurements.
    If the procurement is not the subject of a Statewide requirements contract between the purchasing agency and a contractor, the head of the purchasing agency ...
  • § 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 ...
  • § 516.  Emergency procurement.
    The head of a purchasing agency may make or authorize others to make an emergency procurement when there exists a threat to public health, welfare ...
  • § 517.  Multiple awards.
    (a) Conditions for use.--Contracts may be entered into on a multiple award basis when the head of the purchasing agency determines that one or more ...
  • § 518.  Competitive selection procedures for certain services.
    (a) Conditions for use.--The services of accountants, clergy, physicians, lawyers, dentists and other professional services which are not performed by other Commonwealth employees shall be ...
  • § 519.  Selection procedure for insurance and notary bonds.
    (a) Conditions for use.--Insurance and notary bonds shall be procured by the department in accordance with this section except as authorized under section 515 (relating ...
  • § 520.  Supplies manufactured and services performed by persons with disabilities.
    § 520. Supplies manufactured and services performed by persons with disabilities. (a) General rule.-- (1) Contracts for supplies manufactured by and services performed by persons ...

  • Subchapter C. Cancellation of Invitations for Bids or
    Requests for Proposals
  • § 521.  Cancellation of invitations for bids or requests for proposals.
    SUBCHAPTER C CANCELLATION OF INVITATIONS FOR BIDS OR REQUESTS FOR PROPOSALS Sec. 521. Cancellation of invitations for bids or requests for proposals. § 521. Cancellation ...

  • Subchapter D. Qualifications and Duties
  • § 531.  Debarment or suspension.
    (a) Authority.--After reasonable notice to the person involved and reasonable opportunity for that person to be heard, the head of a purchasing agency, after consultation ...
  • § 532.  Prequalification of bidders and offerors.
    Prospective bidders and offerors may be prequalified for particular types of supplies, services and construction. ...
  • § 533.  Security and performance bonds.
    (a) Contract for supplies or services.-- (1) In the case of competitive sealed bidding or competitive sealed proposals for a contract for supplies or services, ...
  • § 534.  Cost or pricing data.
    (a) Submission by contractor.--A contractor shall, except as provided in subsection (c), submit cost or pricing data and shall certify that, to the best of ...
  • § 535.  Printing.
    No contract for printing shall be entered into with any person until the purchasing agency is satisfied that the person is the owner or lessee ...

  • Subchapter E. Types of Contracts
  • § 541.  Approval of accounting system.
    No contract type shall be used unless it has been determined in writing by the head of the purchasing agency that: (1) The proposed contractor's ...
  • § 542.  Multiterm contracts.
    (a) Specified period.--A contract for supplies, construction or services may be entered into for a period of time deemed to be in the best interests ...
  • § 543.  Effective contracts.
    (a) General rule.--Irrespective of the type of contract, no contract shall be effective until executed by all necessary Commonwealth officials as provided by law. (b) ...

  • Subchapter F. Inspection of Plant and Audit of Records
  • § 551.  Right to inspect plant.
    The purchasing agency may, at reasonable times, inspect the part of the plant or place of business of a contractor or any subcontractor which is ...
  • § 552.  Right to audit records.
    (a) Audit of cost or pricing data.--The purchasing agency or its designee may, at reasonable times and places, audit the books and records of any ...

  • Subchapter G. Determinations and Reports
  • § 561.  Finality of determinations.
    The determinations required by the following sections are final and conclusive unless they are clearly erroneous, arbitrary, capricious or contrary to law: Section 512(f) (relating ...
  • § 562.  Anticompetitive practices.
    Collusion among bidders or offerors is unlawful. Every contract, combination or conspiracy which unreasonably restrains trade among bidders or offerors is unlawful. Contracts so arrived ...
  • § 563.  Retention of procurement records.
    All procurement records, including any written determinations issued in accordance with section 561 (relating to finality of determinations), shall be retained for a minimum of ...
  • § 564.  Record of certain actions.
    The purchasing agency shall maintain a record listing all contracts made under sections 514 (relating to small procurements), 515 (relating to sole source procurement) and ...

  • Chapter 7. (Reserved)
    Chapter 9. Procurement of Construction and Design Professional
    Services
  • § 901.  Definitions.
    The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...
  • § 902.  Bid or proposal security.
    (a) Requirement for bid or proposal security.--Bidders or offerors may be required to provide bid or proposal security for construction contracts. Bid or proposal security ...
  • § 903.  Contract performance security and payment bonds.
    (a) When required and amounts.--For construction contracts awarded for amounts between $25,000 and $100,000, the purchasing agency shall require contract performance security, in an amount ...
  • § 904.  Copies of bonds.
    (a) Copies of bonds.--The purchasing agency shall furnish a copy of any payment bond and the contract for which the bond was given to any ...
  • § 905.  Procurement of design professional services.
    (a) Applicability.--Design professional services shall be procured as provided in this section except as authorized by sections 514 (relating to small procurements), 515 (relating to ...
  • § 906.  Letters of intent.
    Before a contract for construction is effective, the head or a deputy of the purchasing agency may issue binding letters of intent to contract. A ...
  • § 907.  Procurement of right-of-way acquisition assistance services.
    § 907. Procurement of right-of-way acquisition assistance services. Right-of-way acquisition assistance services to be provided in conjunction with the planning, development, design, construction, alteration or ...

  • Chapter 11. (Reserved)
    Chapter 13. (Reserved)
    Chapter 15. Supply Management
  • § 1501.  Definitions.
    The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...
  • § 1502.  Supply management regulations.
    For executive and independent agencies, the department shall establish policy and may promulgate regulations governing: (1) The management of supplies during their entire life cycle. ...
  • § 1503.  Proceeds from sale or disposal of surplus supplies.
    The proceeds from the sale, lease or disposal of surplus supplies by an executive or independent agency shall be paid into the State Treasury and ...
  • § 1504.  Exception.
    This chapter shall not apply to actions taken by the Office of Attorney General under 42 Pa.C.S. Ch. 68 (relating to controlled substances forfeitures). ...

  • Chapter 17. Legal and Contractual Remedies
    Subchapter A. General Provisions
  • § 1701.  Definitions.
    The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...
  • § 1702.  Sovereign immunity.
    (a) General rule.--The General Assembly under section 11 of Article I of the Constitution of Pennsylvania reaffirms sovereign immunity, and, except as otherwise provided in ...

  • Subchapter B. Prelitigation Resolution of Controversies
  • § 1711.  Authority to resolve protests of solicitations or awards (Repealed).
    SUBCHAPTER B PRELITIGATION RESOLUTION OF CONTROVERSIES Sec. 1711. Authority to resolve protests of solicitations or awards (Repealed). 1711.1. Protests of solicitations or awards. 1711.2. Solicitations ...
  • § 1711.1. Protests of solicitations or awards.
    § 1711.2. Solicitations or awards contrary to law.
  • § 1712.  Authority to resolve contract and breach of contract controversies (Repealed).
    § 1712. Authority to resolve contract and breach of contract controversies (Repealed). 2002 Repeal Note. Section 1712 was repealed December 3, 2002, P.L.1147, No.142, effective ...
  • § 1712.1. Contract controversies.
    Subchapter C. Board of Claims
  • § 1721.  Board of Claims.
    (a) Establishment.--There is hereby established an independent administrative board to be known as the Board of Claims. Administrative services for the board shall be provided ...
  • § 1722.  Powers and duties of board.
    The board shall do all of the following: (1) Employ administrative, professional, clerical and other personnel as is necessary for the orderly administration of the ...
  • § 1723.  Employees and hearing panel members.
    (a) Employees.--Employees of the board shall, for the purposes of 71 Pa.C.S. Pt. XXV (relating to retirement for State employees and officers), be considered a ...
  • § 1724.  Jurisdiction.
    (a) Exclusive jurisdiction.--The board shall have exclusive jurisdiction to arbitrate claims arising from all of the following: (1) A contract entered into by a Commonwealth ...
  • § 1725.  Procedure.
    (a) Statement of claim.--The board shall accept a statement of claim filed in accordance with section 1724 (relating to jurisdiction). The statement of claim shall ...
  • § 1726.  Payment of awards and costs.
    If an award against the purchasing agency was ordered, the amount of the award shall be paid to the non-Commonwealth party by the purchasing agency ...

  • Subchapter D. Solicitations or Awards in Violation of Law
    (Repealed)
    § 1741 - § 1743 (Repealed).
    Subchapter E. Interest
  • § 1751.  Interest.
    Interest on amounts ultimately determined to be due shall be payable at the statutory rate applicable to judgments from the date the claim was filed ...

  • Chapter 19. Intergovernmental Relations
  • § 1901.  Definitions.
    The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...
  • § 1902.  Cooperative purchasing authorized.
    A public procurement unit may either participate in, sponsor, conduct or administer a cooperative purchasing agreement for the procurement of any supplies, services or construction ...
  • § 1903.  Sale, acquisition or use of supplies by a public procurement unit.
    § 1903. Sale, acquisition or use of supplies by a public procurement unit. A public procurement unit may sell to, acquire from or use any ...
  • § 1904.  Cooperative use of supplies or services.
    A public procurement unit may enter into an agreement, independent of the requirements of Chapters 5 (relating to source selection and contract formation) and 15 ...
  • § 1905.  Joint use of facilities.
    Any public procurement unit may enter into agreements for the common use or lease of warehousing facilities, capital equipment and other facilities with another public ...
  • § 1906.  Supply of personnel, information and technical services.
    § 1906. Supply of personnel, information and technical services. (a) Supply of personnel.--Upon written request from another public procurement unit or external procurement activity, a ...
  • § 1907.  Use of payments received by a supplying public procurement unit.
    § 1907. Use of payments received by a supplying public procurement unit. All payments from any public procurement unit or external procurement activity received by ...
  • § 1908.  Compliance of public procurement units.
    Where the public procurement unit or external procurement activity administering a cooperative purchase complies with the requirements governing its procurement of supplies, services and construction, ...
  • § 1909.  Review of procurement requirements.
    To the extent possible, the department may collect information concerning the type, cost, quality and quantity of commonly used supplies, services or construction being procured ...
  • § 1910.  Contract controversies.
    (a) Public procurement unit subject to certain legal and contractual remedies.--Under a cooperative purchasing agreement, controversies arising between an administering public procurement unit subject to ...
  • § 1911.  Immunity.
    A public procurement unit which provides personnel, property, supplies or services to another public procurement unit shall be immune from liability for any damages which ...
  • § 1912.  Investment management agreements.
    This chapter shall not apply to any contract for investment management services or any proposed contract for such services between a local public procurement unit ...
  • § 1913.  Cooperative purchase of fire, rescue and ambulance company supplies.
    § 1913. Cooperative purchase of fire, rescue and ambulance company supplies. (a) Contract for supplies.--The department shall enter into and make available to local public ...

  • Chapter 21. Small and Disadvantaged Businesses
  • § 2101.  Policy.
    The policy of this Commonwealth is to assist small and disadvantaged businesses in learning how to do business with Commonwealth agencies. The department shall implement ...
  • § 2102.  Definitions.
    Subject to section 2103 (relating to regulations), the following words and phrases when used in this chapter shall have the meanings given to them in ...
  • § 2103.  Regulations.
    The department shall establish policy for executive and those independent agencies for which the department acts as purchasing agency and may promulgate regulations establishing detailed ...
  • § 2104.  Duties of department.
    The department shall have the following duties: (1) Where feasible, provide appropriate staff who shall be responsible to the department and who shall serve within ...
  • § 2105.  Bonding and progress payments.
    (a) Bonding.--Notwithstanding other provisions of this part, a purchasing agency may reduce the level or change the types of bonding normally required or accept alternative ...
  • § 2106.  Business assistance offices.
    The department shall establish, as it deems appropriate, business assistance offices throughout this Commonwealth to assist and carry out the provisions of this chapter. ...
  • § 2107.  Report to General Assembly.
    The department shall annually, before October 1, report in writing to the General Assembly concerning the awarding of contracts to small and disadvantaged businesses during ...
  • § 2108.  Compliance with Federal requirements.
    If a procurement involves the expenditure of Federal assistance or contract funds, the purchasing agency shall comply with Federal law and authorized regulations which are ...

  • Chapter 23. Ethics in Public Contracting
    Subchapter A. General Policy and Standards
  • § 2301.  Policy.
    Public employment is a public trust. It is the policy of this Commonwealth to promote and balance the objective of protecting government integrity and the ...
  • § 2302.  General standards of ethical conduct.
    (a) Employees.--Any attempt to realize personal gain through public employment by conduct inconsistent with the proper discharge of the duties of the employee is a ...
  • § 2303.  Reporting of breaches of ethical standards.
    When any person has reason to believe that any breach of standards set forth in this chapter has occurred, that person shall report all relevant ...

  • Subchapter B. Specific Standards
  • § 2311.  Bonds.
    It is a breach of ethical standards and unlawful for any employee in issuing an invitation for bids or requests for proposals to require that ...

  • PART II. GENERAL PROCUREMENT PROVISIONS
    Chapter 31. General Provisions
  • § 3101.  Application of part.
    Except for Chapter 46 (relating to electronic bidding by local government units), which applies only to local government units, this part applies to government agencies. ...
  • § 3102.  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 ...

  • Chapter 33. Prevention of Environmental Pollution
  • § 3301.  Invitations for bids and requests for proposals.
    All invitations for bids and requests for proposals for construction projects issued by any government agency shall set forth any provision of Federal and State ...
  • § 3302.  Additional work.
    If the successful bidder or offeror must undertake additional work due to the enactment of new or the amendment of existing statutes, rules or regulations ...

  • Chapter 35. (Reserved)
    Chapter 37. Contract Clauses and Preference Provisions
    Subchapter A. Labor
  • § 3701.  Contract provisions prohibiting discrimination.
    Each contract entered into by a government agency for the construction, alteration or repair of any public building or public work shall contain the following ...

  • Subchapter B. Motor Vehicles
  • § 3731.  Short title of subchapter and general provisions.
    (a) Short title.--This subchapter shall be known and may be cited as the Motor Vehicle Procurement Act. (b) Legislative findings.--It is hereby determined by the ...
  • § 3732.  Definitions.
    The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates ...
  • § 3733.  Police power.
    This subchapter shall be deemed to be an exercise of the police power of this Commonwealth for the protection of the health, safety and general ...
  • § 3734.  Contract provisions.
    (a) Motor vehicles to be manufactured in North America.--All government agencies shall procure only motor vehicles which are manufactured in North America. A motor vehicle ...
  • § 3735.  Payment under contract and action to recover unauthorized payments.
    § 3735. Payment under contract and action to recover unauthorized payments. A government agency shall not authorize, provide for or make a payment to a ...
  • § 3736.  Penalty.
    In addition to the withholding of payments, any person who willfully violates any of the provisions of this subchapter may be prohibited by any government ...

  • Subchapter C. Mass Transportation
  • § 3741.  Procurement of mass transportation vehicles.
    (a) General rule.--Notwithstanding any other provision of law to the contrary, whenever a local, regional or metropolitan transportation authority determines in writing that it is ...
  • § 3742.  Procurement limits for mass transportation authorities.
    (a) General rule.--Notwithstanding any other provision of law to the contrary and subject to the conditions in subsection (b), a local transportation organization as defined ...

  • Subchapter D. Used Oil Products
  • § 3746.  Preference.
    As provided for in the act of April 9, 1982 (P.L.314, No.89), known as the Pennsylvania Used Oil Recycling Act, government agencies and persons holding ...

  • Subchapter E. Guaranteed Energy Savings Contracts
  • § 3751.  Short title of subchapter.
    This subchapter shall be known and may be cited as the Guaranteed Energy Savings Act. ...
  • § 3752.  Definitions.
    The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates ...
  • § 3753.  Contracting procedures.
    (a) General rule.--Notwithstanding any other contrary or inconsistent provision of law, a governmental unit may enter into a guaranteed energy savings contract with a qualified ...
  • § 3754.  Contract provisions.
    (a) General rule.--A guaranteed energy savings contract may provide that all payments, except obligations on termination of the contract before its scheduled expiration, shall be ...
  • § 3755.  Funding.
    (a) General rule.--Guaranteed energy savings contracts which have terms which extend beyond one fiscal year of the governmental unit must include a provision which allows ...
  • § 3756.  Commonwealth contracts.
    In connection with the letting of any guaranteed energy savings contract for a governmental unit under this subchapter, the department shall have the power to ...
  • § 3757.  Construction.
    This subchapter shall not be construed to abrogate any duty to comply with prevailing wage or residency requirements contained in any other act or part ...
  • § 3758.  Review of proposed capital improvement projects.
    Prior to entering into a guaranteed energy savings contract, every governmental unit shall review all proposed capital improvement projects for potential applicability of this subchapter ...

  • Chapter 39. Contracts for Public Works
    Subchapter A. Preliminary Provisions
  • § 3901.  Application and purpose of chapter.
    (a) Application.--Except as otherwise specifically provided in this chapter, this chapter applies to contracts entered into by a government agency through competitive sealed bidding or ...
  • § 3902.  Definitions.
    The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...

  • Subchapter B. General Provisions
  • § 3911.  Time for awarding contract.
    (a) General rule.--In the case of a contract to be entered into by a government agency through competitive sealed bidding, the contract shall be awarded ...
  • § 3912.  Time for executing contract.
    In the case of a contract entered into by a government agency through competitive sealed bidding, the contract shall be executed by the government agency ...
  • § 3913.  Release of successful bidder.
    Failure of the government agency to comply with the requirements of sections 3911 (relating to time for awarding contract) and 3912 (relating to time for ...

  • Subchapter C. Retainage
  • § 3921.  Retainage.
    (a) Contract provision.--A contract may include a provision for the retainage of a portion of the amount due the contractor to insure the proper performance ...
  • § 3922.  Payment of retainage to subcontractors.
    In the absence of sufficient reason, within 20 days of the receipt of payment by the contractor, the contractor shall pay all subcontractors with which ...

  • Subchapter D. Prompt Payment Schedules
  • § 3931.  Performance by contractor or subcontractor.
    (a) Entitlement of contractor to payment.--Performance by a contractor in accordance with the provisions of a contract shall entitle the contractor to payment by the ...
  • § 3932.  Government agency's progress payment obligations.
    (a) Payments in accordance with contract.--The government agency shall pay the contractor or design professional strictly in accordance with the contract. (b) Application for progress ...
  • § 3933.  Contractors' and subcontractors' payment obligations.
    (a) Performance by subcontractor entitles subcontractor to payment.--Performance by a subcontractor in accordance with the provisions of the contract shall entitle the subcontractor to payment ...
  • § 3934.  Withholding of payment for good faith claims.
    (a) When government agency may withhold payment.--The government agency may withhold payment for deficiency items according to terms of the contract. The government agency shall ...
  • § 3935.  Penalty and attorney fees.
    (a) Penalty.--If arbitration or a claim with the Board of Claims or a court of competent jurisdiction is commenced to recover payment due under this ...
  • § 3936.  Contracts involving Federal aid.
    If any provision of this chapter conflicts with a Federal statute or regulation or with conditions attached to the receipt of Federal aid, this chapter ...
  • § 3937.  Certain provisions unenforceable.
    A provision in the contract making it subject to the laws of another state or requiring that any litigation, arbitration or other dispute resolution process ...
  • § 3938.  Applicability.
    (a) Not applicable in certain situations.--This subchapter shall not apply in the following situations: (1) Section 3932 (relating to government agency's progress payment obligations) shall ...
  • § 3939.  Claims by innocent parties.
    (a) No obligation to third parties.--The government agency shall have no obligation to any third parties for any claim. (b) Barred claims.--Once a contractor has ...

  • Subchapter E. Substantial/Final Payment
  • § 3941.  Substantial/final payment under contract.
    (a) Contract containing provision for retainage.--A contract containing a provision for retainage as provided in section 3921 (relating to retainage) shall contain a provision requiring ...
  • § 3942.  Arbitration.
    If a dispute should arise between the contractor and the government agency over the payment of retainages and final payment, then the dispute shall be ...

  • Chapter 41. Purchase of Surplus Federal Property
  • § 4101.  Contracts with United States.
    Any government agency may enter into a contract with the Federal Government for the purchase, lease or other acquisition, including the warehousing and distribution, of ...
  • § 4102.  Bids and down payments.
    Any government agency authorized to enter into a contract under section 4101 (relating to contracts with United States) may designate by appropriate order an officeholder ...

  • Chapter 43. Public Facilities Concessions
  • § 4301.  Short title of chapter and general provisions.
    (a) Short title.--This chapter shall be known and may be cited as the Public Facilities Concession Regulation Act. (b) Legislative findings.--It is hereby determined by ...
  • § 4302.  Definitions.
    The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...
  • § 4303.  Terms of contracts.
    (a) General rule.--Each government agency shall require that every contract granting any concession, license, permit or right to sell, lease, contract for or otherwise make ...

  • Chapter 45. Antibid-Rigging
  • § 4501.  Short title of chapter.
    This chapter shall be known and may be cited as the Antibid- Rigging Act. ...
  • § 4502.  Definitions.
    The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...
  • § 4503.  Prohibited activities.
    (a) Bid-rigging unlawful.--It is unlawful for any person to conspire, collude or combine with another in order to commit or attempt to commit bid-rigging involving: ...
  • § 4504.  Civil action and damages.
    (a) Government agency to have right of action.--Any government agency entering into a contract which is or has been the subject of activities prohibited by ...
  • § 4505.  Suspension or debarment.
    (a) Maximum suspension or debarment.--A government agency proceeding under its rules and regulations to exclude or render ineligible a person from participation in contracts or ...
  • § 4506.  Liability for increased costs.
    A person who enters into a contract with a government agency, either directly as a contractor or indirectly as a subcontractor, during a period of ...
  • § 4507.  Noncollusion affidavits.
    Noncollusion affidavits may be required by rule or regulation of any government agency for all persons. Any requirement for noncollusion affidavits shall be set forth ...
  • § 4508.  Responsibility for enforcement.
    (a) Criminal prosecution.--The Office of Attorney General and the district attorneys of the several counties shall have concurrent jurisdiction for the investigation and prosecution of ...
  • § 4509.  Investigation.
    (a) Required attendance.--Whenever the Office of Attorney General believes that a person may be in possession, custody or control of documentary material or may have ...

  • Chapter 46. Electronic Bidding by Local Government Units.
  • § 4601.  Short title of chapter.
    This chapter shall be known and may be cited as the Local Government Unit Electronic Bidding Act. ...
  • § 4602.  Definitions.
    The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates ...
  • § 4603.  Electronic bidding.
    Notwithstanding any other provision of law concerning the requirements for competitive bidding for purchases and contracts by a local government unit, a local government unit ...
  • § 4604.  Competitive electronic auction bidding.
    (a) Conditions for use.--Notwithstanding any other provision of law concerning the requirements for competitive bidding for purchases and contracts, if a local government unit determines ...

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Last modified: November 22, 2007