Coverage note: this corpus holds the
consolidated Pa.C.S. titles only. Unconsolidated P.S. statutes (UTPCPL 73 P.S. § 201-1, Liquor Code, wage payment laws) are not included; a miss here does not mean the statute does not exist. Check
palegis.us.
§ 516. Emergency procurement.
The head of a purchasing agency may make or authorize others to make an emergency
procurement when there exists a threat to public health, welfare or safety or circumstances
outside the control of the agency create an urgency of need which does not permit
the delay involved in using more formal competitive methods. Whenever practical, in
the case of a procurement of a supply, at least two quotes shall be solicited. A written
determination of the basis for the emergency and for the selection of the particular
contractor shall be included in the procurement file. No written contract may be required.
The supplier of the supply, service or construction may be paid based on the emergency
approval and approved invoice.
(Nov. 4, 2016, P.L.1216, No.163, eff. 60 days)
Cross References. Section 516 is referred to in sections 106.1, 511, 515, 518, 519, 541, 561, 564, 905,
3604 of this title; section 13A06 of Title 65 (Public Officers).
Notes of Decisions
Kistler v. State Ethics Comm'n, 958 A.2d 1092 (Pa. Commw. Ct. 2008).
· cites it 2× “62 Pa.C.S. § 516. 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 with the means to avert a threat to public health, welfare or safety,…”
Alaska Structures, Inc. v. Dep't of Gen. Servs., 979 A.2d 982 (Pa. Commw. Ct. 2009).
· cites it 2× “§ 1902, not as an “emergency procurement’] under Section 516 of the Procurement Code, 62 Pa.C.S. § 516. Alaska Structures also questions DGS’ authority to procure the units pursuant to Section 1902 of the Procurement Code and to issue an “emergency” purchase order to encumber…”
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treatment. Dots show Syfertize treatment of the citing case itself.