§ 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 of their source, including
Federal assistance moneys except as specified in section 2108 (relating to compliance
with Federal requirements). This part does not apply to contracts between Commonwealth
agencies or between the Commonwealth and its political subdivisions or other governments
except as provided in Chapter 19 (relating to intergovernmental relations). Nothing
in this part or in accompanying regulations shall prevent any Commonwealth agency
or political subdivision from complying with the terms and conditions of any grant,
gift, bequest or cooperative agreement.
(b) Application to disposal of Commonwealth supplies.--This part applies to the disposal of supplies of Commonwealth agencies.
(c) Application to General Assembly and unified judicial system.--The General Assembly and its agencies and the unified judicial system and its agencies
may use the department as its purchasing agency for the purchase of supplies under
this part and may use the department to dispose of surplus supplies under Chapter
15 (relating to supply management).
(d) Application to certain entities.--Nothing in this part shall apply to the entity created by the act of August 7, 1963
(P.L.549, No.290), referred to as the Pennsylvania Higher Education Assistance Agency
Act.
(e) Application to medical assistance provider agreements and participating provider agreements.--Nothing in this part shall apply to medical assistance provider agreements administered
by the Department of Public Welfare or to participating provider agreements entered
into by the Department of Health.
(f) Application to grants.--This part does not apply to grants. For the purpose of this part, a grant is the furnishing
of assistance by the Commonwealth or any person, whether financial or otherwise, to
any person to support a program. The term does not include an award whose primary
purpose is to procure construction for the grantor. Any contract resulting from such
an award is not a grant but a procurement contract.
(f.1) Application to loans.--This part does not apply to loans. For the purpose of this part, a loan is the disbursement
of funds by the Commonwealth to any person where the principal amount disbursed is
required to be repaid to the Commonwealth, with or without interest, under an agreement.
(g) Impact on existing acts.--Nothing in this part shall affect the scope, effect or applicability of the act of
August 15, 1961 (P.L.987, No.442), known as the Pennsylvania Prevailing Wage Act,
the act of March 3, 1978 (P.L.6, No.3), known as the Steel Products Procurement Act,
and the act of July 23, 1968 (P.L.686, No.226), entitled "An act equalizing trade
practices in public works procurement; authorizing the purchase by the Commonwealth,
its political subdivisions, and all public agencies, of aluminum and steel products
produced in a foreign country, provided the foreign country does not prohibit or discriminate
against the importation to, sale or use in the foreign country of supplies, material
or equipment manufactured in this Commonwealth; establishing procedures for determining
whether foreign countries discriminate against supplies, materials or equipment manufactured
in this Commonwealth; and imposing penalties and providing for relief for violation
of this act."
(Dec. 3, 2002, P.L.1147, No.142, eff. imd.)
2002 Amendment. Act 142 amended subsec. (e) and added subsec. (f.1).
References in Text. The Department of Public Welfare, referred to in this section, was redesignated as
the Department of Human Services by Act 132 of 2014.
Notes of Decisions
Telwell, Inc. v. Pub. Sch. Employees' Ret. Sys., 88 A.3d 1079 (Pa. Commw. Ct. 2014).
· cites it 6× “l) of the Commonwealth Procurement Code (Code), 62 Pa.C.S. § 102(f.1), 1 to consider a breach of contract claim arising from a contract between the Public School Employees’ Retirement System (PSERS) and .”
Dep't of the Auditor Gen. v. State Employees' Ret. Sys., 836 A.2d 1053 (Pa. Commw. Ct. 2003).
· cites it 2× “Because Section 102 of the Procurement Code, as amended, 62 Pa.C.S. § 102, excludes from its coverage contracts for the investment of funds, the Auditor General is precluded from securing those .”
James Corp. v. North Allegheny Sch. Dist., 938 A.2d 474 (Pa. Commw. Ct. 2007).
“62 Pa.C.S. §§ 102(a); 3901-3942. Section 3931 entitles a contractor who performs in accordance with the contract to prompt payment by the government agency.”
Boro Constr., Inc. v. Ridley Sch. Dist., 992 A.2d 208 (Pa. Commw. Ct. 2010).
“62 Pa.C.S. § 102(a); 3901-3942. Section 3931 entitles a contractor who performs in accordance with the contract to prompt payment by the government agency.”
Tran v. State Sys. of Higher Educ., 986 A.2d 179 (Pa. Commw. Ct. 2009).
“62 Pa. C.S. § 102 at (a) and (b) set forth the scope of the Procurement Code (which now includes and circumscribes the Board’s enabling legislations) and states that the Procurement Code is intended to apply to “every expenditure of funds, other than the investment of funds, by…”
Pietrini Corp. v. Agate Const. Co., Inc., 901 A.2d 1050 (Pa. Super. Ct. 2006).
“’ 62 Pa.C.S. § 102(a). The term 'contract' is defined as a 'type of written agreement, regardless of what it may be called, for the procurement or disposal of supplies, services or construction.”
On-Point Tech. Sys., Inc. v. Commonwealth, 803 A.2d 1175 (Pa. 2002).
· cites it 2× “" 62 Pa. C.S. § 102(a). The term "contract" is defined as a "type of written agreement, regardless of what it may be called, for the procurement or disposal of supplies, services or construction.”
— 62 Pa. Cons. Stat. § 102(a) — 9 cases
James Corp. v. North Allegheny Sch. Dist., 938 A.2d 474 (Pa. Commw. Ct. 2007).
“62 Pa.C.S. §§ 102(a); 3901-3942. Section 3931 entitles a contractor who performs in accordance with the contract to prompt payment by the government agency.”
Boro Constr., Inc. v. Ridley Sch. Dist., 992 A.2d 208 (Pa. Commw. Ct. 2010).
“62 Pa.C.S. § 102(a); 3901-3942. Section 3931 entitles a contractor who performs in accordance with the contract to prompt payment by the government agency.”
Dep't of the Auditor Gen. v. State Employees' Ret. Sys., 836 A.2d 1053 (Pa. Commw. Ct. 2003).
“Because Section 102 of the Procurement Code, as amended, 62 Pa.C.S. § 102, excludes from its coverage contracts for the investment of funds, the Auditor General is precluded from securing those .”
Pietrini Corp. v. Agate Const. Co., Inc., 901 A.2d 1050 (Pa. Super. Ct. 2006).
“’ 62 Pa.C.S. § 102(a). The term 'contract' is defined as a 'type of written agreement, regardless of what it may be called, for the procurement or disposal of supplies, services or construction.”
On-Point Tech. Sys., Inc. v. Commonwealth, 803 A.2d 1175 (Pa. 2002).
“" 62 Pa. C.S. § 102(a). The term "contract" is defined as a "type of written agreement, regardless of what it may be called, for the procurement or disposal of supplies, services or construction.”
— 62 Pa. Cons. Stat. § 102(c) — 1 case
— 62 Pa. Cons. Stat. § 102(e) — 3 cases
Telwell, Inc. v. Pub. Sch. Employees' Ret. Sys., 88 A.3d 1079 (Pa. Commw. Ct. 2014).
“l) of the Commonwealth Procurement Code (Code), 62 Pa.C.S. § 102(f.1), 1 to consider a breach of contract claim arising from a contract between the Public School Employees’ Retirement System (PSERS) and .”
— 62 Pa. Cons. Stat. § 102(f) — 4 cases
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