Pennsylvania Consolidated Statutes

62 Pa. Cons. Stat. § 101 (2026)

 Short title of part.

✓ current as of May 2026
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TITLE 62

PROCUREMENT

 

Part

I.  Commonwealth Procurement Code

II.  General Procurement Provisions

 

Enactment.  Unless otherwise noted, the provisions of Title 62 were added May 15, 1998, P.L.358, No.57, effective in 180 days.

Special Provisions in Appendix.  See sections 4, 5 and 7 of Act 57 of 1998 in the appendix to this title for special provisions relating to legislative intent, terms of office of present members and applicability to contracts.

 

 

PART I

COMMONWEALTH PROCUREMENT CODE

 

Chapter

1.  General Provisions

3.  Procurement Organization

5.  Source Selection and Contract Formation

7.  (Reserved)

9.  Procurement of Construction and Design Professional

Services

11.  (Reserved)

13.  (Reserved)

15.  Supply Management

17.  Legal and Contractual Remedies

19.  Intergovernmental Relations

21.  Small and Disadvantaged Businesses

22.  Diverse and Disadvantaged Businesses

23.  Ethics in Public Contracting

 

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

 

 

CHAPTER 1

GENERAL PROVISIONS

 

Sec.

101.  Short title of part.

102.  Application of part.

103.  Definitions.

104.  General principles of law otherwise applicable.

105.  Determinations.

106.  Public access to procurement information (Repealed).

106.1. Public access to procurement records.

107.  Reciprocal limitations.

108.  Recycled materials.

 

Enactment.  Chapter 1 was added May 15, 1998, P.L.358, No.57, effective in 180 days.

§ 101.  Short title of part.

This part shall be known and may be cited as the Commonwealth Procurement Code.

Notes of Decisions
Cited in 14 cases (5 in the last 5 years), 2001–2023 · leading case: D. Scrip v. Debbie O'Dell Seneca, in her individual capacity as President Judge of the Court of Common Pleas of Washington Cnty., 191 A.3d 917 (Pa. Commw. Ct. 2018).
D. Scrip v. Debbie O'Dell Seneca, in her individual capacity as President Judge of the Court of Common Pleas of Washington Cnty., 191 A.3d 917 (Pa. Commw. Ct. 2018). “In enacting the Procurement Code, 62 Pa. C.S. §§ 101 -2311, the Legislature provided a limited waiver of sovereign immunity, authorizing protest and claim procedures with respect to government contracting as well as certain remedies with respect to breaches of contract before…”
Highley v. Pa. Dep't of Transp., 195 A.3d 1078 (Pa. Commw. Ct. 2018). “62 Pa. C.S. §§ 101 -2311. Act of June 1, 1945, P.”
A. G. Cullen Constr., Inc. v. State Sys. of Higher Educ., 898 A.2d 1145 (Pa. Commw. Ct. 2006). “Attorney’s Fees As a final issue, A.G. Cullen asserts the Board erred in denying its request for attorney’s fees under the Commonwealth Procurement Code (Procurement Code), 62 Pa.”
Dubaskas v. Commonwealth, 81 A.3d 167 (Pa. Commw. Ct. 2013). “As to Count I, the Board noted that although its jurisdiction did extend to actions beyond the strict parameters of the Commonwealth Procurement Code (Code), 62 Pa.C.S. §§ 101—2311, 4 it concluded that it did not have jurisdiction over Count I because the Board has traditionally…”
Ctr. for Climate Strategies, Inc. v. Dep't of Envtl. Prot., 194 A.3d 742 (Pa. Commw. Ct. 2018). · cites it 2× “The Commonwealth Procurement Code, 62 Pa. C.S. §§ 101 - 2311, provides that all bid evaluation criteria for a Commonwealth contract solicitation must appear in the invitation for bids for the specific solicitation.”
Omnicare, Inc. v. Dep't of Pub. Welfare, 68 A.3d 20 (Pa. Commw. Ct. 2013). “Omnicare argues that the Director erred in holding its Protest was untimely, and that DPW violated the Commonwealth Procurement Code (Code), 62 Pa.C.S. §§ 101 — 2311, when it used the Medical Assistance (MA) pricing formula 1 *22 for pharmaceuticals to which this formula cannot…”
Pleasant Hills Constr. Co. v. Pub. Auditorium Auth., 784 A.2d 1277 (Pa. 2001). “62 Pa.C.S. §§ 101, et seq. Among other things, the Procurement Code sets forth “competitive sealed bidding” procedures by which Commonwealth agency contracts are to be awarded.”
Pennsylvania State Troopers Ass'n v. Commonwealth, 920 A.2d 173 (Pa. 2007). “d’s actions in entering into procurement contracts with outside investigation firms (Counts I and II); *569 an order in mandamus compelling the Board to rescind its approval of the emergency and competitive procurement processes (Count III); and an order enjoining the Board from…”
U.S. Venture, Inc. v. Com. of PA, DCED (Pa. Commw. Ct. 2020). “1 62 Pa. C.S. §§ 101–2311. 2 Act of July 9, 2008, P.”
S. Fayette Twp. v. PA DOT (Pa. Commw. Ct. 2022). “Act 88 permits governmental entities (like DOT) to make agreements with the private sector to design, build, finance, operate, or maintain transportation projects, which they would not otherwise be legally permitted to do under traditional public development laws, such as…”
Chesapeake Thermite Welding, LLC, d/b/a CTW v. DOT (Pa. Commw. Ct. 2022). “Second, CTW argues that the Rail Freight Preservation and Improvement Act (Act)1 which, in relevant part, authorizes the Department to provide grants to railroad companies to undertake capital projects to maintain, improve, and rehabilitate rail freight transportation services,…”
Leonard S. Fiore, Inc. v. DGS (Pa. Commw. Ct. 2022). “1(f) of the Commonwealth Procurement Code (Procurement Code), 62 Pa. C.S. §§ 101 - 2311, the head of the purchasing agency or his designee shall issue a written determination within 60 days of a bid protest and this determination constitutes the final order of the purchasing…”
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