(a) Conditions for use.--Contracts may be entered into on a multiple award basis when the head of the purchasing agency determines that one or more of the following criteria is applicable:
(1) It is administratively or economically impractical to develop or modify specifications for a myriad of related supplies because of rapid technological changes.
(2) The subjective nature in the use of certain supplies and the fact that recognizing this need creates a more efficient use of the item.
(3) It is administratively or economically impractical to develop or modify specifications because of the heterogeneous nature of the product lines.
(4) There is a need for compatibility with existing systems.
(5) The agency should select the contractor to furnish the supply, service or construction based upon best value or return on investment.
(b) Solicitation process.--Invitations to bid or requests for proposals shall be issued for the supplies, services or construction to be purchased.
(c) Public notice.--Public notice of the invitation for bids or request for proposals shall be given in the same manner as provided in section 512(c) (relating to competitive sealed bidding).
(d) Receipt of bids or proposals.--Bids shall be opened in the same manner as provided in section 512(d). Proposals shall be received in the same manner as provided in section 513(d) (relating to competitive sealed proposals).
(e) Award.--The invitation for bids or request for proposals shall describe the method for selection of the successful bidders or offerors. There are three options:
(1) Awards shall be made to the lowest responsible bidder or offeror for each designated manufacturer.
(2) Awards shall be made to the two or three lowest responsible bidders or offerors for each designated manufacturer.
(3) Awards shall be made to all responsible bidders or offerors.
(f) Selection.--A Commonwealth agency may select a contractor from the bidders or offerors awarded contracts under subsection (e) to furnish the supply, service or construction based upon best value or return on investment.
(Dec. 3, 2002, P.L.1147, No.142, eff. imd.)
2002 Amendment. Act 142 amended subsecs. (c) and (e) and added subsec. (f).
Cross References. Section 517 is referred to in sections 511, 1902 of this title.
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