RULES AND REGULATIONS
Title 4—ADMINISTRATION
DEPARTMENT OF GENERAL SERVICES
[ 4 PA. CODE CH. 69 ]
Methods of Awarding Contracts
[48 Pa.B. 1501]
[Saturday, March 17, 2018]The Department of General Services (Department) rescinds Chapter 69 to read as set forth in Annex A.
Chapter 69 established procedures, defined responsibilities and provided specific guidance for awarding Commonwealth contracts for the purchase of goods and supplies. The subject matter of Chapter 69 is now covered by 62 Pa.C.S. (relating to Commonwealth Procurement Code) (code). Therefore, Chapter 69 is obsolete.
Authority
The statutory authority for this final-omitted rulemaking is sections 506 and 2401.1(20) of The Administrative Code of 1929 (71 P.S. §§ 186 and 631.1(20)) and section 204(3) of the act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. § 1204(3)), known as the Commonwealth Documents Law (CDL).
Omission of Proposed Rulemaking
Public notice of intention to rescind Chapter 69 under the procedures in sections 201 and 202 of the CDL (45 P.S. §§ 1201 and 1202) has been omitted for good cause as authorized under section 204(3) of the CDL because the Department finds that these procedures are, under the circumstances, unnecessary. The continuing presence of these obsolete regulations serves no purpose and may, in fact, confuse the public.
Purpose
The purpose of this final-omitted rulemaking is to rescind obsolete regulations in Chapter 69.
Chapter 69 was adopted under sections 507, 2403 and 2409 of The Administrative Code of 1929 (71 P.S. §§ 187, 633 and 639) and section 2401.1 of The Administrative Code of 1929, which authorized the Department to engage in various types of contracting. The Department promulgated Chapter 69 at 10 Pa.B. 4663 (December 13, 1980). Chapter 69 related to the methods of awarding contracts.
Section 4 of the act of May 15, 1998 (P.L. 358, No. 57), which established the code, states that ''[e]xcept as otherwise provided, this act is intended to provide a complete and exclusive procedure to govern the procurement by Commonwealth agencies of supplies, services and construction, including the disposal of surplus supplies.'' The methods of awarding contracts listed in Chapter 69 are now addressed by an equivalent section in sections 501—564 of the code (relating to source selection and contract formation). Specifically, the definitions in § 69.1 are now listed in section 501 of the code (relating to definitions). Methods of awarding contracts in § 69.3 are now addressed in section 511 of the code (relating to methods of source selection). Competitive sealed bidding in § 69.4 is now addressed in section 512 of the code (relating to competitive sealed bidding). Multiple award contracts in § 69.5 are now addressed in section 517 of the code (relating to multiple awards). Competitive sealed proposals in § 69.6 are now addressed in section 513 of the code (relating to competitive sealed proposals). Sole source procurement in § 69.7 is now addressed in section 515 of the code (relating to sole source procurement). Emergency procurement in § 69.8 is now addressed in section 516 of the code (relating to emergency procurement). Small purchases in § 69.9 are now addressed in section 514 of the code (relating to small procurements). Because the subject matter of each of these regulatory provisions is now addressed by statute, Chapter 69 is rescinded to ensure clarity regarding the methods of source selections.
Since the subject matter of Chapter 69 is covered by the code, Chapter 69 is now obsolete.
Summary
This final-omitted rulemaking rescinds obsolete regulations in Chapter 69.
Persons Likely to be Affected
The rescission of the obsolete regulations in Chapter 69 should not affect any group or entity. The continuing presence of these obsolete regulations serves no purpose and may, in fact, confuse the public.
Fiscal Impact
Because this final-omitted rulemaking only rescinds obsolete regulations, there will be no fiscal impact.
Paperwork Requirements
This final-omitted rulemaking will not result in an increase in paperwork for any individuals or entities.
Effective Date
The final-omitted rulemaking will be effective upon publication in the Pennsylvania Bulletin.
Public Comment Period
Public notice of intention to rescind the regulations under the procedures in sections 201 and 202 of the CDL has been omitted for good cause as authorized under section 204(3) of the CDL because the Department finds that these procedures are, under the circumstances, unnecessary. The continuing presence of these obsolete regulations serves no purpose and may, in fact, confuse the public.
Contact Person
Individuals interested in further information may contact Mary W. Fox, Assistant Counsel, Department of General Services, 603 North Office Building, Harrisburg, PA 17120, (717) 787-6789.
Regulatory Review
Under section 5.1(c) of the Regulatory Review Act (71 P.S. § 745.5a(c)), on January 18, 2018, the Department submitted a copy of the final-omitted rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate and House Committees on State Government. On the same date, the regulations were submitted to the Office of Attorney General for review and approval under the Commonwealth Attorneys Act (71 P.S. §§ 732-101—732-506).
Under section 5.1(j.2) of the Regulatory Review Act, on February 21, 2018, the final-omitted rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on February 22, 2018, and approved the final-omitted rulemaking.
Findings
The Department finds that:
(1) Public notice of the Department's intention to rescind its regulations under the procedures in sections 201 and 202 of the CDL has been omitted under section 204(c) of the CDL because public comment is unnecessary in that Chapter 69 is obsolete.
(2) The amendment of the Department's regulations in the manner provided in this order is necessary and appropriate for the administration of the code.
Order
The Department, acting under its authorizing statutes, orders that:
(a) The regulations of the Department, 4 Pa. Code Chapter 69, are amended by deleting §§ 69.1—69.9 to read as set forth in Annex A.
(b) The Department shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to form and legality as required by law.
(c) The Department shall submit this order and Annex A to IRRC and the House and Senate Committees as required by law.
(d) The Department shall certify this order and Annex and deposit them with the Legislative Reference Bureau as required by law.
(e) This order shall take effect upon publication in the Pennsylvania Bulletin.
CURTIS M. TOPPER,
Secretary(Editor's Note: See 48 Pa.B. 1482 (March 10, 2018) for IRRC's approval order.)
Fiscal Note: 8-25. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 4. ADMINISTRATION
PART III. DEPARTMENT OF GENERAL SERVICES
Subpart C. CONSTRUCTION AND PROCUREMENT
ARTICLE III. PROCUREMENT
CHAPTER 69. (Reserved) §§ 69.1—69.9. (Reserved).
[Pa.B. Doc. No. 18-391. Filed for public inspection March 16, 2018, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
