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PA Bulletin, Doc. No. 07-636

RULES AND REGULATIONS

Title 67--TRANSPORTATION

DEPARTMENT OF TRANSPORTATION

[67 PA. CODE CH. 457]

Prequalification of Bidders

[37 Pa.B. 1650]
[Saturday, April 14, 2007]

   The Department of Transportation (Department), under section 404.1 of the State Highway Law (act) (36 P. S. § 670-404.1), amends Chapter 457 (relating to pre- qualification of bidders).

Purpose of this Chapter

   The purpose of this chapter is to provide a method and manner, determined to be desirable by the Secretary of Transportation, to prequalify all contractors and subcontractors who seek to perform highway project work in this Commonwealth.

Purpose of this Final-Form Rulemaking

   The purpose of this final-form rulemaking is to amend the table in § 457.5 (relating to classification) by deleting the specific classification for Rest Area Structures and Buildings.

   This final-form rulemaking is necessary because work associated with the ''N'' Work Classification Code (rest area structures, buildings) is not traditionally performed by highway construction contractors. Contractors who have expertise in this work are generally not prequalified by the Department. To attract a greater number of competent bidders, this type of work should be classified as miscellaneous work.

Statutory Authority

   The regulation is amended under section 404.1 of the act.

Persons and Entities Affected

   This final-form rulemaking affects contractors who wish to perform project work regarding the construction of rest area structures and buildings along highways in this Commonwealth.

Fiscal Impact

   The final-form rulemaking will have little or no fiscal impact on contractors. The Commonwealth may realize cost savings in the construction of rest area structures and buildings in the availability of a greater number of contractors able to bid on such work.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on June 21, 2006, the Department submitted a copy of the notice of proposed rulemaking, published at 36 Pa.B. 3273 (July 1, 2006), to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House and Senate Transportation Committees for review and comment.

   Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.

   Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on February 27, 2007, the final-form rulemaking was deemed approved by the Committees. Under section 5(g) of the Regulatory Review Act, the final-form rulemaking was deemed approved by IRRC, effective February 28, 2007.

Sunset Provisions

   The Department is not establishing a sunset date for the regulation, since the regulation is needed to administer provisions required under the act. The regulation will be continuously monitored for effectiveness by the Department and the affected industry.

Contact Person

   The contact person for this final-form rulemaking is Joseph F. Cribben, P. E., Contract Evaluation Engineer, Contract Management Division, Bureau of Construction and Materials, P. O. Box 2855, Harrisburg, PA 17105-2855.

Order

   The Department orders that:

   (a)  The regulations of the Department, 67 Pa. Code Chapter 457, are amended by amending § 457.5 to read as set forth at 36 Pa.B. 3273.

   (b)  The Secretary of the Department shall submit this order and 36 Pa.B. 3273 to the Office of General Counsel and the Office of Attorney General for approval as to legality and form as required by law.

   (c)  The Secretary shall certify this order and 36 Pa.B. 3273 and deposit them with the Legislative Reference Bureau as required by law.

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

ALLEN D. BIEHLER, P. E.,   
Secretary

   (Editor's Note:  For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 37 Pa.B. 1284 (March 17, 2007).)

   Fiscal Note:  Fiscal Note 18-407 remains valid for the final adoption of the subject regulation.

[Pa.B. Doc. No. 07-636. Filed for public inspection April 13, 2007, 9:00 a.m.]

   


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