PRINTER'S NO. 297
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
359
Session of
2023
INTRODUCED BY ROBINSON, KANE, DILLON, SANTARSIERO, BARTOLOTTA,
REGAN, HUTCHINSON, COSTA, STEFANO, VOGEL AND DUSH,
FEBRUARY 16, 2023
REFERRED TO LABOR AND INDUSTRY, FEBRUARY 16, 2023
AN ACT
Amending Title 62 (Procurement) of the Pennsylvania Consolidated
Statutes, in procurement organization, further providing for
powers and duties of Department of General Services and
providing for limited contract adjustment due to construction
material price escalation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 321 of Title 62 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 321. Powers and duties.
Except as otherwise specifically provided in this part, the
department shall have the following powers and duties:
(1) Procure or supervise the procurement of all
supplies, services and construction needed by executive
agencies and those independent agencies for which the
department acts as purchasing agency. Procurement authority
may be delegated in writing by the Secretary of General
Services.
(2) Exercise general supervision and control over all
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inventories of supplies belonging to executive agencies.
(3) Sell, trade or otherwise dispose of surplus supplies
belonging to executive or independent agencies.
(4) Coordinate programs of executive and independent
agencies for the inspection, testing and acceptance of
supplies and construction to ensure availability of
facilities and to avoid a duplication of functions.
(5) Establish and maintain a central office where
businesses operating in this Commonwealth may obtain
information pertaining to the procurement needs of
Commonwealth agencies.
(6) Participate in the management and maintenance of a
contractor responsibility program in coordination with the
Office of the Budget and other agencies as may be directed by
the Governor.
(7) Adjust the prices of construction material line
items within a contract subject to the provisions and
limitations of section 323 (relating to limited contract
adjustment due to construction material price escalation).
Section 2. Title 62 is amended by adding a section to read:
§ 323. Limited contract adjustment due to construction material
price escalation.
(a) Conditions authorizing adjustment.--Notwithstanding the
provisions of section 534 (relating to cost or pricing data),
whenever the terms and conditions of a contract awarded by a
Commonwealth agency require a contractor to furnish construction
materials, the terms and conditions shall be adjusted by the
department if the department determines that:
(1) The bid for the contract was submitted no earlier
than March 15, 2020.
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(2) The bid for the contract was submitted no later than
the effective date of this paragraph.
(3) At the time of the contractor or subcontractor's
application for contract adjustment, the cost of acquisition
of construction materials by the contractor, subcontractor or
supplier of materials has increased in excess of 5% since the
time of the contract award. The determination under this
paragraph shall be based upon available evidence, including,
but not limited to, a nationally recognized economic index
published by the United States Department of Labor.
(b) Application process.--Within 30 days of the effective
date of this subsection, the department shall establish a
process for applications for contract adjustment to be submitted
by a contractor or subcontractor. The department shall:
(1) Prescribe the form of the application for a contract
adjustment under this section.
(2) Require applications for a contract adjustment under
this section to include sufficient documentary evidence, as
determined by the department, that the contract conforms to
the conditions under subsection (a).
Section 3. This act shall take effect in 60 days.
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