62 Pa.C.S. Ch. 19

in effect

62 Pa.C.S. § 1901 Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Cooperative purchasing." Procurement conducted by or on behalf of more than one public procurement unit or by a public procurement unit with an external procurement activity. "External procurement activity." A buying organization not located in this Commonwealth which if located in this Commonwealth would qualify as a public procurement unit. An agency of the United States is an external procurement activity. "Local public procurement unit." A political subdivision, public authority, tax-exempt, nonprofit educational or public health institution or organization, nonprofit fire company, nonprofit rescue company, nonprofit ambulance company and, to the extent provided by law, any other entity, including a council of governments or an area government, which expends public funds for the procurement of supplies, services and construction. "Public procurement unit." A local public procurement unit or a purchasing agency. (Dec. 3, 2002, P.L.1147, No.142, eff. imd.) 2002 Amendment. Act 142 amended the def. of "local public procurement unit."

62 Pa.C.S. § 1902 Cooperative purchasing authorized.

A public procurement unit may either participate in, sponsor, conduct or administer a cooperative purchasing agreement for the procurement of any supplies, services or construction with one or more public procurement units or external procurement activities in accordance with an agreement entered into between the participants. The Department of General Services is authorized to enter into cooperative purchasing contracts solely for the use of local public procurement units or State-affiliated entities. The department shall enter into cooperative purchasing contracts for the use of local public procurement units or State-affiliated entities if the number of contractors under a previously existing contract for the same supply or service is reduced to a single contractor or reduced by more than 50% of the number existing on September 30, 2003, and shall award such contracts pursuant to section 517 (relating to multiple awards) using an invitation for bids. Nothing in this section shall prohibit a local public procurement unit or State-affiliated entity from participating in or procuring from other cooperative purchasing agreements awarded by the department. Cooperative purchasing may include, but is not limited to, joint or multiparty contracts between public procurement units and open-ended purchasing agency contracts which are made available to local public procurement units. (July 15, 2004, P.L.703, No.77, eff. 60 days)

62 Pa.C.S. § 1903 Sale, acquisition or use of supplies by a public procurement unit.

A public procurement unit may sell to, acquire from or use any supplies belonging to another public procurement unit or external procurement activity independent of the requirements of Chapters 5 (relating to source selection and contract formation) and 15 (relating to supply management).

62 Pa.C.S. § 1904 Cooperative use of supplies or services.

A public procurement unit may enter into an agreement, independent of the requirements of Chapters 5 (relating to source selection and contract formation) and 15 (relating to supply management), with any other public procurement unit or external procurement activity for the cooperative use of supplies or services under the terms agreed upon between the parties.

62 Pa.C.S. § 1905 Joint use of facilities.

Any public procurement unit may enter into agreements for the common use or lease of warehousing facilities, capital equipment and other facilities with another public procurement unit or an external procurement activity under the terms agreed upon between the parties.

62 Pa.C.S. § 1906 Supply of personnel, information and technical services.

(a) Supply of personnel.--Upon written request from another public procurement unit or external procurement activity, a public procurement unit may provide personnel to the requesting public procurement unit or external procurement activity. The public procurement unit or external procurement activity making the request shall compensate the public procurement unit providing the personnel the direct and indirect cost of furnishing the personnel in accordance with an agreement between the parties. (b) Supply of services.--The informational, technical and other services of any public procurement unit may be made available to any other public procurement unit or external procurement activity. However, the requirements of the public procurement unit tendering the services shall have precedence over the requesting public procurement unit or external procurement activity. The requesting public procurement unit or external procurement activity shall compensate for the expenses of the services provided in accordance with an agreement between the parties. (c) Information services.--Upon request, the department may make available to public procurement units or external procurement activities the following services, among others: (1) Standard forms. (2) Printed manuals. (3) Product specifications and standards. (4) Quality assurance testing services and methods. (5) Qualified products lists. (6) Source information. (7) Common use commodities listings. (8) Supplier prequalification information. (9) Supplier performance ratings. (10) Debarred and suspended bidders lists. (11) Forms for invitations for bids, requests for proposals, instructions to bidders, general contract provisions and other contract forms. (12) Contracts or published summaries of contracts, including price and time of delivery information. (d) Technical services.--The department may provide the following technical services, among others: (1) Development of products specifications. (2) Development of quality assurance test methods, including receiving, inspection and acceptance procedures. (3) Use of product testing and inspection facilities. (4) Use of personnel training programs. (e) Fees.--The department may enter into contractual arrangements and publish a schedule of fees for the services provided under subsections (c) and (d).

62 Pa.C.S. § 1907 Use of payments received by a supplying public procurement unit.

All payments from any public procurement unit or external procurement activity received by a public procurement unit supplying personnel or services shall be available to the supplying public procurement unit.

62 Pa.C.S. § 1908 Compliance of public procurement units.

Where the public procurement unit or external procurement activity administering a cooperative purchase complies with the requirements governing its procurement of supplies, services and construction, any public procurement unit participating in the purchase shall be deemed to have complied with the requirements governing its procurement of supplies, services and construction. Public procurement units may not enter into a cooperative purchasing agreement for the purpose of circumventing this part. (Dec. 3, 2002, P.L.1147, No.142, eff. imd.)

62 Pa.C.S. § 1909 Review of procurement requirements.

To the extent possible, the department may collect information concerning the type, cost, quality and quantity of commonly used supplies, services or construction being procured or used by Commonwealth agencies. The department may also collect this information from local procurement units. The department may make this information available to any public procurement unit upon request.

62 Pa.C.S. § 1910 Contract controversies.

(a) Public procurement unit subject to certain legal and contractual remedies.--Under a cooperative purchasing agreement, controversies arising between an administering public procurement unit subject to Chapter 17 (relating to legal and contractual remedies) and its bidders, offerors or contractors shall be resolved in accordance with Chapter 17. (b) Local public procurement unit not subject to certain legal and contractual remedies.--Any local public procurement unit which is not subject to Chapter 17 is authorized to: (1) Enter into an agreement with the Board of Claims to use the board to resolve controversies between the local public procurement unit and its contractors, whether or not the controversy arose from a cooperative purchasing agreement. (2) Enter into an agreement with another local public procurement unit or external procurement activity to establish procedures or use existing procedures of the unit or activity to resolve controversies with contractors, whether or not the controversy arose under a cooperative purchasing agreement.

62 Pa.C.S. § 1911 Immunity.

A public procurement unit which provides personnel, property, supplies or services to another public procurement unit shall be immune from liability for any damages which arise out of the use of such personnel, property, supplies or services provided under this chapter.

62 Pa.C.S. § 1912 Investment management agreements.

This chapter shall not apply to any contract for investment management services or any proposed contract for such services between a local public procurement unit and the Treasury Department.

62 Pa.C.S. § 1913 Cooperative purchase of fire, rescue and ambulance company supplies.

(a) Contract for supplies.--The department shall enter into and make available to local public emergency procurement units a contract or contracts for accessory equipment, apparatus equipment, communications equipment, protective equipment, rescue vehicles and utility or special vehicles, as these terms are defined in the act of July 15, 1976 (P.L.1036, No.208), known as the Volunteer Fire Company, Ambulance Service and Rescue Squad Assistance Act. (b) Establishment of list.--No later than April 1 of each calendar year, the standing committee on Veterans Affairs and Emergency Preparedness of the Senate and the standing committee on Veterans Affairs and Emergency Preparedness of the House of Representatives shall prepare and transmit to the Secretary of General Services a suggested list of items used by local public emergency procurement units in the performance of their duties for department procurements under subsection (a). (c) Definition.--As used in this section, the term "local public emergency procurement unit" means a local public procurement unit which is any of the following: (1) A nonprofit, volunteer or municipal fire company. (2) A nonprofit, volunteer or municipal rescue company. (3) A nonprofit, volunteer or municipal ambulance company. (4) A nonprofit Statewide, county or regional fire, ambulance or rescue support organization. (Nov. 29, 2006, P.L.1417, No.153, eff. 60 days) 2006 Amendment. Act 153 added section 1913.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=62Fetched: 10/16/2026