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.
Source The provisions of this Subchapter AAA adopted by Executive Order No. 2015-02, dated January 20, 2015, 45 Pa.B. 653, unless otherwise noted.
§ 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.
Cross References This section cited in 4 Pa. Code § 1.805 (relating to role of General Counsel).
§ 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.
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