301 - Procurement responsibility.
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.