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 Public access to procurement information (Repealed).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
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…”
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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