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PA Bulletin, Doc. No. 02-1879

PROPOSED RULEMAKING

DEPARTMENT OF GENERAL SERVICES

[4 PA. CODE CH. 61]

Instructions to Bidders

[32 Pa.B. 5277]

   The Department of General Services (Department), acting under sections 506, 2401.1 and 2408 of The Administrative Code of 1929 (71 P. S. §§ 186, 631.1 and 638), Executive Order 1996-1, ''Regulatory Review and Promulgation'' and section 201 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1201), proposes to delete Chapter 61 (relating to instructions to bidders).

Purpose

   Since the bid instructions are established by regulation, they do not allow for flexibility. The instructions to bidders tell the bidders how to prepare and submit their bids. These provisions must be customized by the Department for individual projects. The Department has substantially modified these bid instructions in the years since 1975 without amending the regulations. Since the regulatory instructions are not the current Department instructions to bidders, this chapter is obsolete and must be deleted.

Fiscal Impact

   There will be some savings in administrative time and expense. The Department would incur significant time and expense if it were required to proceed with the regulatory process each time it wanted to revise its instructions to bidders. If Chapter 61 is not deleted and the Department decides to change its instructions twice a year and it is required to pursue the regulatory process, the estimated administrative cost to the Department is $18,000 per year.

Paperwork Requirements

   The proposed rulemaking will impose no new or different paperwork requirements.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on October 9, 2002, the Department submitted a copy of this proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House State Government Committee and the Senate State Government Committee. In addition to submitting the proposed rulemaking, the Department has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Department in compliance with Executive Order 1996-1. A copy of this material is available to the public upon request.

   Under section 5(g) of the Regulatory Review Act, if IRRC has objections to any portion of the proposed rulemaking, it will notify the Department within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria that have not been met by the portion of the proposed rulemaking to which an objection is made. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of objections raised.

Effective Date

   This proposed rulemaking will be effective upon closure of the public comment period, the regulatory review process and subsequent final-form publication in the Pennsylvania Bulletin.

Public Comment/Contact Person

   Written comments should be submitted to Gary F. Ankabrandt, Assistant Chief Counsel, Office of Chief Counsel, Department of General Services, 603 North Office Building, Harrisburg, PA 17125. Written comments must be received within 30 days of this publication of notice of proposed rulemaking in the Pennsylvania Bulletin.

KELLY POWELL LOGAN,   
Secretary

   Fiscal Note: 8-4. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 4.  ADMINISTRATION

PART III.  DEPARTMENT OF GENERAL SERVICES

Subpart C.  CONSTRUCTION AND PROCUREMENT

ARTICLE II.  CONSTRUCTION

CHAPTER 61.  (Reserved)

   (Editor's Note: The Department is proposing to delete the text of Chapter 61, which appears in 4 Pa. Code pages 61-1--61-12, serial pages (235019)--(235030).)

§§ 61.1--61.16. (Reserved).

[Pa.B. Doc. No. 02-1879. Filed for public inspection October 25, 2002, 9:00 a.m.]


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