Pennsylvania Consolidated Statutes

62 Pa. Cons. Stat. § 515 (2026)

Sole source procurement.

✓ current as of May 2026

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§ 515. Sole source procurement.

(a) General rule.--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 the following conditions exists:

(1) Only a single contractor is capable of providing the supply, service or construction.

(2) A Federal or State statute or Federal regulation exempts the supply, service or construction from the competitive procedure.

(3) The total cost of the supply, service or construction is less than the amount established by the department for small, no-bid procurements under section 514 (relating to small procurements).

(4) It is clearly not feasible to award the contract for supplies or services on a competitive basis.

(5) The services are to be provided by attorneys or litigation consultants selected by the Office of General Counsel, the Office of Attorney General, the Department of the Auditor General or the Treasury Department.

(6) The services are to be provided by expert witnesses.

(7) The services involve the repair, modification or calibration of equipment and they are to be performed by the manufacturer of the equipment or by the manufacturer's authorized dealer, provided the contracting officer determines that bidding is not appropriate under the circumstances.

(8) The contract is for investment advisors or managers selected by the Public School Employees' Retirement System, the State Employees' Retirement System or a State-affiliated entity.

(9) The contract is for financial or investment experts to be used and selected by the Treasury Department or financial or investment experts selected by the Secretary of the Budget.

(10) The contract for supplies or services is in the best interest of the Commonwealth.

(b) Written determination.--The written determination authorizing sole source procurement shall be included in the contract file. For procurements over $250,000 made under subsection (a)(10), the determination shall be signed by the head of the purchasing agency.

(c) Approval required by board of commissioners of public grounds and buildings.--With the exception of small procurements under section 514 and emergency procurements under section 516 (relating to emergency procurement), if the sole source procurement is for a supply, except for computer software updates under $50,000, for which the department acts as purchasing agency, it must be approved by the Board of Commissioners of Public Grounds and Buildings prior to the award of a contract.

(Dec. 3, 2002, P.L.1147, No.142, eff. imd.; Nov. 4, 2016, P.L.1216, No.163, eff. 60 days)

Cross References. Section 515 is referred to in sections 106.1, 326, 511, 518, 519, 534, 561, 564, 905 of this title.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 2003–2024 · leading case: Pennsylvania Associated Builders & Contractors, Inc. v. Commonwealth Dep't of Gen. Servs., 932 A.2d 1271 (Pa. 2007).

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Pennsylvania Associated Builders & Contractors, Inc. v. Commonwealth Dep't of Gen. Servs., 932 A.2d 1271 (Pa. 2007). · cites it 2× “See also 62 Pa.C.S. § 515 ("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 the following conditions exists .”

Pa. Associated Builders & Contractors, Inc. v. Commonwealth Dep't of Gen. Servs., 899 A.2d 389 (Pa. Commw. Ct. 2006). · cites it 4× “" 62 Pa.C.S. § 515. [13] As to DGS' argument regarding the Separations Act, ABC explains that the Procurement Code requires that all construction contracts in excess of $25,000 are subject to Section 1 of the Separations Act, 71 P.”

Premier Comp Solutions, LLC v. Dep't of Gen. Servs., 949 A.2d 381 (Pa. Commw. Ct. 2008). · cites it 2× “2 Because SWIF determined IMC to be the “sole source” provider of physician-to-physician case management services under Section 515 of the Commonwealth Procurement Code, 62 Pa.C.S. § 515 (relating to sole source procurement), SWIF did not issue a request for competitive bidding…”

Dep't of the Auditor Gen. v. State Employees' Ret. Sys., 836 A.2d 1053 (Pa. Commw. Ct. 2003). “Moreover, the Boards are covered by a “blanket approval for sole source procurement when choosing investment advisors and managers,” see Respondents’ Brief at p.”

Kistler v. State Ethics Comm'n, 958 A.2d 1092 (Pa. Commw. Ct. 2008). · cites it 4× “[13] Section 515(1) of the Procurement Code, 62 Pa.C.S. § 515(1). If we were to interpret "open and public process" in section 1103(f) of the Act to mean only a competitive bidding process, then it would be a violation of the provision for a public official who is the only…”

J.D. Eckman, Inc. v. Dep't of Transp., 202 A.3d 832 (Pa. Commw. Ct. 2019). “Finally, the bid protest asserted that the use of the PLA violates Section 3 of the State Adverse Interest Act 5 and results in sole source procurement of labor not contemplated by Section 515 of the Commonwealth Procurement Code (Procurement Code), 62 Pa. C.S. § 515. PennDOT…”

L. DeFrancesco v. Sch. Bd. of Penncrest Sch. Dist. (Pa. Commw. Ct. 2024). “is the sole provider of Apple products for educational institutions, and, therefore, the contract could be awarded without competition under Section 515(a)(1) of the Procurement Code, 62 Pa.C.S. § 515(a)(1). (The District’s New Matter ¶¶ 12-15, Ex.”

— 62 Pa. Cons. Stat. § 515(1) — 2 cases

Premier Comp Solutions, LLC v. Dep't of Gen. Servs., 949 A.2d 381 (Pa. Commw. Ct. 2008). “2 Because SWIF determined IMC to be the “sole source” provider of physician-to-physician case management services under Section 515 of the Commonwealth Procurement Code, 62 Pa.C.S. § 515 (relating to sole source procurement), SWIF did not issue a request for competitive bidding…”

Kistler v. State Ethics Comm'n, 958 A.2d 1092 (Pa. Commw. Ct. 2008). “[13] Section 515(1) of the Procurement Code, 62 Pa.C.S. § 515(1). If we were to interpret "open and public process" in section 1103(f) of the Act to mean only a competitive bidding process, then it would be a violation of the provision for a public official who is the only…”

— 62 Pa. Cons. Stat. § 515(8) — 1 case

— 62 Pa. Cons. Stat. § 515(a)(1) — 1 case

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