PRIOR PRINTER'S NO. 1365
PRINTER'S NO. 2908
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1281
Session of
2021
INTRODUCED BY DELOZIER, JAMES AND KEEFER, APRIL 26, 2021
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 30, 2022
AN ACT
Amending Title 62 (Procurement) of the Pennsylvania Consolidated
Statutes, in contracts for public works, providing for
specifications for contracts.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 62 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 3914. Specifications for contracts.
(A) GENERAL RULE.-- No specification for a contract awarded
under this chapter may be written in such a manner as to contain
proprietary, exclusionary or discriminatory requirements other
than those based upon performance unless the requirements are
necessary to test or demonstrate a specific feature or to
provide for necessary interchangeability of parts or equipment.
For each part or piece of equipment, the specifications shall
include a listing of at least two brand names or trade names of
comparable quality or utility and a statement that equivalent
parts or equipment will be given equal consideration. :
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(1) THE REQUIREMENTS ARE NECESSARY TO TEST OR
DEMONSTRATE A SPECIFIC FEATURE;
(2) THE REQUIREMENTS ARE NECESSARY TO PROVIDE FOR
INTERCHANGEABILITY OF PARTS OR EQUIPMENT;
(3) THE REQUIREMENTS ARE NECESSARY TO EXTEND OR MAINTAIN
COMPATIBILITY WITH AN EXISTING SYSTEM OR EQUIPMENT. A
CONTRACT CONTAINING REQUIREMENTS UNDER THIS PARAGRAPH SHALL
INCLUDE AN EXPLANATION AS TO WHY THE EXTENSION OR
COMPATIBILITY OF A SYSTEM OR EQUIPMENT REQUIRES THE
SPECIFICATIONS; OR
(4) NO OTHER BRAND OR SOURCE EXISTS.
(B) EQUIVALENT PARTS OR EQUIPMENT.--FOR EACH PART OR PIECE
OF EQUIPMENT, THE SPECIFICATIONS SHALL IDENTIFY THE ESSENTIAL
PERFORMANCE FEATURES THAT A BRAND OR MODEL MUST HAVE IN ORDER TO
BE CONSIDERED AN EQUIVALENT AND A STATEMENT THAT EQUIVALENT
PARTS OR EQUIPMENT WILL BE GIVEN EQUAL CONSIDERATION.
Section 2. This act shall take effect in 60 days.
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