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PA Bulletin, Doc. No. 04-2135

RULES AND REGULATIONS

Title 4--ADMINISTRATION

DEPARTMENT OF GENERAL SERVICES

[4 PA. CODE CH. 61]

Instruction to Bidders

[34 Pa.B. 6402]

   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) and section 201 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1201), deletes Chapter 61.

Purpose

   Since the bid instructions for construction contracts are established by regulation, they do not allow for flexibility. The instructions to bidders tell the bidders how to prepare and submit their bids for construction projects. 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 Since the regulatory instructions are not the current Department instructions to bidders, this chapter is obsolete and is being deleted.

   Notice of proposed rulemaking was published at 32 Pa.B. 5277 (October 26, 2002). Publication was followed by a 30-day public comment period during which the Department did not receive any comments. The Senate State Government Committee, the House State Government Committee and the Independent Regulatory Review Commission (IRRC) also had no comments.

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 would be $18,000 per year.

Paperwork Requirements

   The final-form 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 the proposed rulemaking, published at 32 Pa.B. 5277, to 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. A copy of this material is available to the public upon request.

   Under section 5(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5(g) of the Regulatory Review Act (71 P. S. § 745.5(g)), the final-form rulemaking was deemed approved by IRRC effective November 3, 2004.

Effective Date

   This final-form rulemaking is effective as of this publication in the Pennsylvania Bulletin.

Additional Information

   Individuals who need information about the final-form rulemaking should contact Mary Benefield Seiverling, Senior Counsel, Department of General Services, Office of Chief Counsel, 603 North Office Building, Harrisburg, PA 17125.

Findings

   The Department finds that:

   (1)  Public notice of intention to amend administrative regulations amended by this order has been given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.

   (2)  The final-form rulemaking adopted by this order is necessary and appropriate for the performance of the Department's duties under The Administrative Code of 1929.

Order

   The Department, acting under the authorizing statutes, orders that:

   (a)  The regulations of the Department, 4 Pa. Code Chapter 61, are amended by deleting §§ 61.1--61.16 to read as set forth in Annex A.

   (b)  The Secretary shall submit this order and Annex A to the Office of Attorney General and the Office of General Counsel for approval as to legality and form as required by law.

   (c)  The Secretary of the Department shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall take effect upon publication in the Pennsylvania Bulletin.

DONALD T. CUNNINGHAM, Jr.,   
Secretary

   (Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 34 Pa.B. 6282 (November 20, 2004).)

   Fiscal Note: Fiscal Note 8-4 remains valid for the final adoption of the subject regulations.

Annex A

TITLE 4. ADMINISTRATION

PART III. DEPARTMENT OF GENERAL SERVICES

Subpart C. CONSTRUCTION AND PROCUREMENT

ARTICLE II. CONSTRUCTION

CHAPTER 61. (Reserved)

§§ 61.1--61.16. (Reserved).

[Pa.B. Doc. No. 04-2135. Filed for public inspection December 3, 2004, 9:00 a.m.]


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