The purchasing agency shall maintain a record listing all contracts made under sections relating to small procurements , relating to sole source procurement and relating to emergency procurement for a minimum of three years from the date of final payment under the contract. The record shall contain:. Chapter 7 Reserved was added May 15, , P. Procurement of right-of-way acquisition assistance. Chapter 9 was added May 15, , P. The term includes services provided under the supervision of a professional engineer to develop engineering software which will aid design professionals in performing their work.
The term does not include those services which are not exclusively within the scope of architecture, geology, engineering or landscape architecture but which are related to capital improvements such as, but not limited to, environmental hygienics, construction management as described in section relating to specific construction powers, duties and procedures , exhibit design, fine arts or lesser arts and crafts, even though an architect, geologist, engineer or landscape architect may provide such services.
Section is referred to in section of this title; section of Title 74 Transportation.
If a bidder or offeror is permitted to withdraw its bid or proposal before award, no action shall be had against the bidder or offeror or the bid or proposal security. Labor or materials include public utility services and reasonable rentals of equipment for the periods when the equipment is actually used at the site.
A payment bond shall be solely for the protection of claimants supplying labor or materials to the prime contractor to whom the contract was awarded or to any of its subcontractors in the prosecution of the work provided for in the contract, whether or not the labor or materials constitute a component part of the construction. There shall be a committee to review the qualifications, experience and work of design professionals seeking contracts with purchasing agencies.
The members shall be architects, engineers or other persons knowledgeable in construction. The members shall serve for terms of two years and shall not be removed except for cause. Of the original members, three shall serve for terms of two years and two for terms of one year. Thereafter, all terms shall be for two years. Each member shall be reimbursed for reasonable travel and other expenses incurred incident to attendance at meetings and to assigned duties and also a per diem allowance in accordance with Commonwealth travel policies.
The committee shall select, based upon criteria established by the head of the purchasing agency, no less than three design professionals deemed to be the most highly qualified to provide the services required. In exercising its responsibility, the committee shall consider the following factors:.
The fee to be paid to the appointed design professional may be established by the selection committee or may be negotiated at the discretion of the head of the purchasing agency. The fee to be paid to the design professional and the terms of the contract between the design professional and the department shall be negotiated by the head of the purchasing agency. In negotiating the contract and the fee, the head of the purchasing agency shall take into account the estimated value, scope, complexity, uniqueness and the professional nature of the services to be rendered.
In the event the head of the purchasing agency is unable to negotiate a satisfactory contract or fee with the appointed design professional, negotiations with that design professional shall be terminated, and the head of the purchasing agency shall commence negotiations with one of the other firms chosen by the selection committee. In the event the head of the purchasing agency is unable to negotiate a satisfactory contract or fee with the second firm, the head of the purchasing agency shall terminate negotiations with the second design professional and commence negotiation with the third firm.
In the event the head of the purchasing agency is unable to negotiate a satisfactory contract with any of the selected firms, the selection committee shall choose additional qualified firms, and the head of the purchasing agency shall continue negotiations in accordance with this subsection until an agreement is reached.
The head of the purchasing agency or a State-affiliated entity shall negotiate with the firm determined to be the highest qualified firm for design professional services at a fee which is determined to be fair and reasonable to the Commonwealth.
In making this decision, the head of the purchasing agency shall take into account the estimated value, scope, complexity and professional nature of the services to be rendered. Should the head of the purchasing agency be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a fee he determines to be fair and reasonable to the Commonwealth, negotiations with that firm shall be formally terminated.
The head of the purchasing agency shall then undertake negotiations with the firm he determines to be the second highest qualified firm. Failing accord with the second most qualified firm, the head of the purchasing agency shall formally terminate negotiations and then undertake negotiations with the third highest qualified firm.
Should the head of the purchasing agency be unable to negotiate a satisfactory contract with any of the selected firms, the committee shall select additional qualified firms, and the head of the purchasing agency shall continue negotiations in accordance with this section until an agreement is reached. Section is referred to in sections , , , of this title. Before a contract for construction is effective, the head or a deputy of the purchasing agency may issue binding letters of intent to contract. A bidder or offeror receiving a letter of intent may rely on the letter to prepare to start work to the extent authorized by the letter and incur costs in preparation for performance of the contract.
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No work on the construction site shall be commenced and no payment shall be made to the bidder or offeror until the contract is fully executed. If the contract is not fully executed, the bidder or offeror shall be entitled to reimbursement for its actual expenses reasonably incurred pursuant to the letter prior to notification from the purchasing agency not to proceed.
Reimbursement shall not include any loss of anticipated profit, loss of use of money or administrative or overhead costs. Right-of-way acquisition assistance services to be provided in conjunction with the planning, development, design, construction, alteration or repair of bridges and highways by the Department of Transportation shall be procured in accordance with section relating to procurement of design professional services. Chapter 11 Reserved was added May 15, , P. Chapter 13 Reserved was added May 15, , P.
Chapter 15 was added May 15, , P. Chapter 15 is referred to in sections , , of this title. The term includes obsolete supplies, scrap materials and nonexpendable supplies that have completed their useful life cycle. The term does not include road or bridge materials or equipment that have been declared surplus by the Department of Transportation under section of the act of April 9, P. For executive and independent agencies, the department shall establish policy and may promulgate regulations governing:. However, no employee of the owning or disposing agency shall be entitled to purchase any of these supplies except when the sale price of the surplus supply is less than the amount established by the department for permissible purchases by such employees.
The proceeds from the sale, lease or disposal of surplus supplies by an executive or independent agency shall be paid into the State Treasury and deposited in the fund out of which the supplies sold were originally purchased by the appropriate credit to the then-current appropriation. The costs incurred by the department in advertising or selling the supplies shall be deducted from the purchase price, and that amount shall be an executively authorized augmentation to the appropriation from which the costs were paid by the department.
This chapter shall not apply to actions taken by the Office of Attorney General under 42 Pa. Chapter 17 was added May 15, , P. Chapter 17 is referred to in section of this title; sections , , of Title 74 Transportation.
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Section 22 1 i of Act provided that the amendment of section shall take effect upon publication in the Pennsylvania Bulletin of the standing order under section g of Title 67 Public Welfare. The standing order was published in the Pennsylvania Bulletin on June 28, , at 33 Pa. Authority to resolve protests of solicitations or.
Authority to resolve contract and breach of contract.
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Subchapter B is referred to in sections , of Title 4 Amusements. Section was repealed December 3, , P. If the protestant is a prospective bidder or offeror, a protest shall be filed with the head of the purchasing agency prior to the bid opening time or the proposal receipt date.
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If a bidder or offeror, a prospective bidder or offeror or a prospective contractor fails to file a protest or files an untimely protest, the bidder or offeror, the prospective bidder or offeror or the prospective contractor shall be deemed to have waived its right to protest the solicitation or award of the contract in any forum.
Untimely filed protests shall be disregarded by the purchasing agency. The protestant may submit with the protest any documents or information it deems relevant to the protest. The protestant may file a reply to the response within ten days of the date of the response. The head of the purchasing agency or his designee shall provide to the protestant and the contracting officer a reasonable opportunity to review and address any additional documents or information deemed necessary by the head of the purchasing agency or his designee to render a decision.
The determination shall be issued within 60 days of the receipt of the protest unless extended by consent of the head of the purchasing agency or his designee and the protestant. The determination shall be the final order of the purchasing agency. If the head of the purchasing agency or his designee determines that the solicitation or award of the contract was contrary to law, he may enter an order authorized by section Issues not raised by the protestant before the purchasing agency are deemed waived and may not be raised before the court.
The court shall affirm the determination of the purchasing agency unless it finds from the record that the determination is arbitrary and capricious, an abuse of discretion or is contrary to law. The provisions of 2 Pa. If the head of a purchasing agency or his designee determines that a solicitation or award of a contract is contrary to law, the following apply:. Such compensation shall not include loss of anticipated profit, loss of use of money or administrative or overhead costs. If a contractor fails to file a claim or files an untimely claim, the contractor is deemed to have waived its right to assert a claim in any forum.
Untimely filed claims shall be disregarded by the contracting officer. If the contracting officer fails to issue a final determination within the days unless extended by consent of the parties, the claim shall be deemed denied. The determination of the contracting officer shall be the final order of the purchasing agency.
Subchapter C was added December 3, , P. Prior Provisions. Former Subchapter C, which related to the same subject matter, was added May 15, , P. Claims Filed Under Prior Act. Administrative services for the board shall be provided by the Department of the Auditor General. One member shall be an attorney and another shall be a registered civil engineer. The third member of the board shall be a citizen and resident of this Commonwealth.
The attorney shall serve as chairman of the board. In the event a vacancy shall occur during a term of office, the Governor shall appoint a successor who shall hold office for the remainder of the unexpired term.
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A member of the board may be removed by the Governor for inefficiency, neglect of duty or malfeasance in office. A member of the board shall be entitled to all necessary travel and other expenses incurred by him in the discharge of his official duties. A member shall hold no other public position to which a salary is attached. Continuation of Existing Members. The board shall do all of the following:. For each hearing panel, one individual shall be an attorney and the other shall be a licensed engineer.
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