THE GOVERNOR
Title 4—ADMINISTRATION
[45 Pa.B. 653]
[Saturday, February 7, 2015]
PART I. GOVERNOR'S OFFICE
[ 4 PA. CODE CH. 1 ]
[ EXECUTIVE ORDER NO. 2015-02 ]
Competitive Process for Procurement of Legal Services January 20, 2015
Whereas, Section 515 of the Commonwealth's Procurement Code exempts various categories of ''Sole Source'' contracts from the requirement of competitive bidding, including when services are to be provided by attorneys or litigation consultants selected by the Office of General Counsel, the Office of Attorney General, the Department of the Auditor General or the Treasury Department; and
Whereas, the Office of General Counsel has, in reliance on Section 515 and with the approval of the Governor, engaged private counsel to represent the Commonwealth or its employees in civil or criminal matters without utilizing a competitive bidding process; and
Whereas, competitive bidding for legal services should be used to the maximum extent feasible prior to engaging private counsel to represent the Commonwealth or its employees in civil or criminal matters; and
Whereas, Section 512.1 of the Procurement Code includes an alternate process for obtaining services through the use of ''competitive electronic auction bidding;'' and
Whereas, Section 518 of the Procurement Code includes an alternative process for lawyers and other professionals under the heading ''Competitive Selection Procedures for Certain Services;'' and
Whereas, in many cases, the need to retain private counsel can be predicted and planned for sufficiently in advance to engage in competitive bidding; and
Whereas, procuring legal services through a competitive procurement process wherever possible will provide greater assurance that legal expenditures are efficiently utilized, will result in a more transparent selection process, and will enhance public perception that the process is fair and not influenced by political or other improper considerations.
Now, Therefore, I Thomas W. Wolf, Governor of the Commonwealth of Pennsylvania, by virtue of the authority vested in me by the Constitution of the Commonwealth of Pennsylvania and other laws, do hereby direct as follows.
Governor
Fiscal Note: GOV-15-02. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 4. ADMINISTRATION
PART I. GOVERNOR'S OFFICE
CHAPTER 1. AGENCY OPERATION AND ORGANIZATION
Subchapter AAA. COMPETITIVE PROCESS FOR PROCUREMENT OF LEGAL SERVICES Sec.
1.801. Contracts conducted on the basis of competitive bidding procedures. 1.802. Contracts awarded on a sole source basis. 1.803. Request for authorization for outside counsel. 1.804. Request for proposals and invitation for bids. 1.805. Role of General Counsel. 1.806. Effective date. § 1.801. Contracts conducted on the basis of competitive bidding procedures.
Except as set forth in this subchapter, the awarding of contracts for legal services or legal consultants by the Office of General Counsel or an executive department shall be conducted on the basis of the competitive bidding procedures in 62 Pa.C.S. § 512.1 or § 518 (relating to competitive electronic auction bidding; and competitive selection procedures for certain services).
§ 1.802. Contracts awarded on a sole source basis.
Legal service or legal consultant contracts shall be awarded on a sole source basis only when it is clearly not feasible to utilize competitive bidding because of an urgency of need or other documented circumstances.
§ 1.803. Request for authorization for outside counsel.
When an executive department determines that the paid services of outside counsel are required, it shall submit to the Office of General Counsel a request for authorization to proceed. The request for authorization must succinctly state:
(1) A written justification that the department does not have the legal or financial resources to pursue the action on its own.
(2) A detailed estimate of the time and labor that will be required.
(3) A description of the specific legal expertise needed.
(4) A determination that the need for this legal support is both cost-effective and in the public's best interest.
§ 1.804. Request for proposals and invitation for bids.
Upon receipt of written authorization to proceed from the General Counsel, the department may issue a request for proposals under 62 Pa.C.S. § 518 (relating to competitive selection procedures for certain services) or an invitation for bids under 62 Pa.C.S. § 512.1 (relating to competitive electronic auction bidding).
§ 1.805. Role of General Counsel.
The General Counsel shall, as soon as practicable:
(1) Identify categories of legal services or types of cases that may be supplied by outside lawyers or law firms, or both.
(2) Develop a competitively bid list of preapproved outside counsel for emergency situations.
(3) Identify the circumstances in which the awarding of legal services on a sole source basis is justified based on the criteria in § 1.802 (relating to contracts awarded on a sole source basis) and those that must be subject to competitive bidding under either 62 Pa.C.S. § 512.1 or § 518 (relating to competitive electronic auction bidding; and competitive selection procedures for certain services).
(4) Implement a system to award those contracts in accordance with those provisions.
§ 1.806. Effective date.
This subchapter takes effective immediately.
[Pa.B. Doc. No. 15-218. Filed for public inspection February 6, 2015, 9:00 a.m.]
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