Pa. Cons. Stat. » 62 Pa. Cons. Stat. (PROCUREMENT) / Chapter 3
Pennsylvania Consolidated Statutes

62 Pa. Cons. Stat. § 301 (2026)

 Procurement responsibility.

✓ current as of May 2026
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CHAPTER 3

PROCUREMENT ORGANIZATION

 

Subchapter

   A.  Organization of Public Procurement

   B.  Procurement Policy

   C.  Powers and Duties of Department

   D.  Powers and Duties of Board of Commissioners of

Public Grounds and Buildings and Office of the Budget

   E.  Coordination, Training and Education

 

Enactment.  Chapter 3 was added May 15, 1998, P.L.358, No.57, effective in 180 days.

 

 

SUBCHAPTER A

ORGANIZATION OF PUBLIC PROCUREMENT

 

Sec.

301.  Procurement responsibility.

§ 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 the responsibility of the department as provided for in Subchapter B (relating to procurement policy). The procurement and supervision of the procurement of supplies, services and construction for executive agencies and those independent agencies for which the department acts as purchasing agency shall be the responsibility of the department as provided for in Subchapter C (relating to powers and duties of department).

(b)  Application to independent agencies.--Except as otherwise specifically provided by law and this section, independent agencies shall use the department as their purchasing agency for the procurement of supplies or construction. Independent agencies shall have the authority to procure their own services. However, when any independent agency acts as its own purchasing agency, it shall use the procedures provided in this part for any procurement of supplies, services or construction.

(c)  Exceptions for executive and independent agencies.--The following supplies, services and construction need not be procured through the department, nor shall the procurement policy be established by the department, but shall nevertheless be procured by the appropriate purchasing agency, subject to the requirements of this part:

(1)  Bridge, highway, dam, airport (except vertical construction), railroad or other heavy or specialized construction, including:

(i)  The construction of facilities and improvements by the Department of Conservation and Natural Resources in State parks and State forests.

(ii)  Construction activities, excluding buildings, solely within the expertise of the Department of Environmental Protection, including, but not limited to, mine reclamation, oil and gas well plugging, waste site remediation, flood control and stream rehabilitation.

(iii)  Owner-controlled insurance programs for bridge, highway, dam, airport, railroad or other heavy or specialized construction.

(2)  Works of art, historic objects and documents for acquisition and public exhibition.

(3)  Published books, maps, periodicals, technical pamphlets, compact discs, video and audio reproductions, subscriptions and professional memberships.

(4)  Perishable food stuffs.

(5)  The procurement of services, the renting of machinery and equipment and the licensing of specialized computer software by the Office of Attorney General, the Department of the Auditor General and the Treasury Department.

(d)  Application to State-affiliated entities.--State-affiliated entities may formulate their own procurement policy governing the procurement, management, control and disposal of supplies, services and construction and may act as their own purchasing agency for the procurement of supplies, services and construction, but they are required to use the procedures provided in this part for such procurement.

(Dec. 3, 2002, P.L.1147, No.142, eff. imd.)

 

2002 Amendment.  Act 142 amended subsec. (c).

Cross References.  Section 301 is referred to in sections 312, 3902 of this title.

Notes of Decisions
Cited in 7 cases, 2000–2018 · leading case: Betts v. New Castle Youth Dev. Ctr., 621 F.3d 249 (3rd Cir. 2010).
Sort: Relevance Newest Treatment
Betts v. New Castle Youth Dev. Ctr., 621 F.3d 249 (3rd Cir. 2010). · cites it 2× “62 Pa. Cons.Stat. § 301. The DPW has “supervision over all State institutions,” id.”
On-Point Tech. Sys., Inc. v. Commonwealth, Dep't of Revenue, 753 A.2d 911 (Pa. Commw. Ct. 2000). “enjoin 1 the award of the contract because it violated competitive bidding requirements contending that: • the Second Amendment is not a true modification of the February 1998 agreement between the Department and AWI, but is a new contract; • equipment such as the vending…”
Pa Associated Builders & Contractors, Inc. v. Commonwealth Dep't of Gen. Servs., 996 A.2d 576 (Pa. Commw. Ct. 2010). “While 62 Pa.C.S. § 301(d) provides that “state affiliated entities may formulate their own procurement policy governing the procurement, management, control and disposal of .”
Schuylkill Prods., Inc. v. Commonwealth, Dep't of Transp., 962 A.2d 1249 (Pa. Commw. Ct. 2008). “62 Pa. C.S. §§ 301(c), 321(6). The Department refers us to the standards and procedures for agency determinations of contractor responsibility and procedures to suspend and debar a contractor at Management Directive 215.”
Direnzo Coal Co. v. Dep't of Gen. Servs., 825 A.2d 773 (Pa. Commw. Ct. 2003). “Section 301 of the Procurement Code, 62 Pa.C.S. § 301, authorizes DGS to formulate a procurement policy governing the procurement of supplies for executive and independent agencies.”
UnitedHealthcare of PA, Inc. v. DHS (Pa. Commw. Ct. 2018). “” 62 Pa. C.S. §301(a). In turn, Section 311 of the Procurement Code states that DGS “may promulgate regulations governing the procurement .”
Aetna Better Health of PA, Inc. v. DHS (Pa. Commw. Ct. 2018). “” 62 Pa. C.S. §301(a). In turn, Section 311 of the Procurement Code states that DGS “may promulgate regulations governing the procurement .”
— 62 Pa. Cons. Stat. § 301(a) — 3 cases
On-Point Tech. Sys., Inc. v. Commonwealth, Dep't of Revenue, 753 A.2d 911 (Pa. Commw. Ct. 2000). “enjoin 1 the award of the contract because it violated competitive bidding requirements contending that: • the Second Amendment is not a true modification of the February 1998 agreement between the Department and AWI, but is a new contract; • equipment such as the vending…”
UnitedHealthcare of PA, Inc. v. DHS (Pa. Commw. Ct. 2018). “” 62 Pa. C.S. §301(a). In turn, Section 311 of the Procurement Code states that DGS “may promulgate regulations governing the procurement .”
Aetna Better Health of PA, Inc. v. DHS (Pa. Commw. Ct. 2018). “” 62 Pa. C.S. §301(a). In turn, Section 311 of the Procurement Code states that DGS “may promulgate regulations governing the procurement .”
— 62 Pa. Cons. Stat. § 301(c) — 1 case
Schuylkill Prods., Inc. v. Commonwealth, Dep't of Transp., 962 A.2d 1249 (Pa. Commw. Ct. 2008). “62 Pa. C.S. §§ 301(c), 321(6). The Department refers us to the standards and procedures for agency determinations of contractor responsibility and procedures to suspend and debar a contractor at Management Directive 215.”
— 62 Pa. Cons. Stat. § 301(d) — 1 case
Pa Associated Builders & Contractors, Inc. v. Commonwealth Dep't of Gen. Servs., 996 A.2d 576 (Pa. Commw. Ct. 2010). “While 62 Pa.C.S. § 301(d) provides that “state affiliated entities may formulate their own procurement policy governing the procurement, management, control and disposal of .”
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