It shall be unlawful for any administrative department, other than the Department of General Services, or for any independent administrative board or commission, or for any departmental administrative body, board or commission, or for any advisory board or commission, to purchase or contract for the purchase of any stationery, paper, printing, binding, ruling, lithographing, engraving, envelopes, or other printing or binding supplies, or any fuel, supplies, furniture, furnishings, or equipment, except
(a) Any departments, boards, or commissions, which by law are authorized to purchase materials or supplies and pay for the same out of fees or other moneys collected by them, or out of the moneys appropriated to them by the General Assembly: Provided, That every such department, board, and commission, shall make its purchases through the Department of Property and Supplies, as purchasing agency, and all such purchases shall conform to the effective supplies contracts of the Department of Property and Supplies, unless in any case the Board of Commissioners of Public Grounds and Buildings shall specifically authorize a departure from such effective supplies contracts.(b) Any department, board, or commission, having charge of a State institution, which may purchase perishable foodstuffs for such institution directly, and may purchase any article directly if it can, after competitive bidding, purchase the same, f.o.b. the institution, for a price less than the Department of Property and Supplies can furnish it f.o.b. the institution, but all articles purchased directly hereunder shall conform to the specification contained in the effective supply contracts of the Department of Property and Supplies, or, if the article be not included in the effective supply contracts, then to the standard specification, if any, adopted by the Department of Property and Supplies for the commodity purchased, unless the Board of Commissioners of Public Grounds and Buildings shall have specifically authorized a departure from such specification. In all other cases, such departments, boards, or commissions shall make purchases through the Department of Property and Supplies, as purchasing agency, and all purchases made by the Department of Property and Supplies, as purchasing agency hereunder, shall conform to the specifications contained in the effective supply contracts of the department, or, if the article be not included in the effective supply contracts, then to the standard specifications, if any, adopted by the department for the commodity purchased, unless the Board of Commissioners of Public Grounds and Buildings shall specifically authorize a departure from such effective supply contracts or specifications, except that contracts for the purchase of steel for use in the manufacture of vehicle registration plates may be let on the basis of the market price thereof on date of delivery.
(c) Any department, board, or commission, which shall have been authorized in writing by the Department of Property and Supplies to make purchases in the field, not exceeding a specified amount, but records of all such purchases shall be transmitted periodically to the Department of Property and Supplies in such form as it may require. In so far as practicable, purchases under this paragraph shall be made from contractors having effective supplies contracts with the Department of Property and Supplies, and shall be in accordance with applicable specifications in such contracts, otherwise such purchases shall be made from the lowest of at least two bidders.(d) As provided in section 2409.2, the State System of Higher Education or its member institutions which may purchase or contract for the purchase of any stationery, paper, printing, binding, ruling, lithographing, engraving, envelopes or other printing or binding supplies. Whenever a state of war exists between the United States and any other nation or nations, and for a period of not longer than two years thereafter, and brings about commercial conditions which make it impossible, because of continually changing prices, to obtain contracts for the furnishing of commodities, supplies and equipment necessary for the proper functioning of the departments, boards or commissions, the Department of Property and Supplies is hereby empowered to purchase and to authorize, in writing, any department, board or commission to purchase, within reasonable limits, in any locality in the open market, at the lowest and most advantageous prices, commodities, supplies and equipment necessary for the proper operation of the State Government without advertising or inviting bids, when commercial conditions are such that make it impossible to secure competitive bids, until such time as the state of war shall cease and normal market conditions shall be restored.
Notwithstanding any of the foregoing provisions of this section, any department, board or commission may:
(1) Purchase repairs or repair parts for its equipment from the manufacturer of such equipment, or from the manufacturer's authorized dealer;(2) Contract for utility services furnished by public utility companies, political subdivisions, authorities and electric cooperative corporations;(3) Rent machinery and other equipment and devices,(4) Employ professional or skilled labor, on a temporary basis, in instances where the Department of Property and Supplies does not have an applicable contract, but all such employment shall be approved by the Governor except in the case of a State institution, when it shall be approved by the head of the department having supervision over the institution;(5) Subscribe to periodicals, magazines or newspapers, or purchase books, manuscripts, historical relics, antique furnishings for historical buildings, microfilms, film strips, recordings and educational and psychological tests available only from one source, or take memberships in independent organizations or societies having related functions, but all such memberships shall be approved by the Governor.1929, April 9, P.L. 177, art. V, § 507. Amended 1931, June 1, P.L. 350, § 1; 1937, June 21, P.L. 1865, § 1; 1943, May 7, P.L. 248, § 1; 1947, July 5, P.L. 1349, § 1; 1951, June 12, P.L. 516, § 1; 1952, Jan. 14 (1951), P.L. 1941, § 1; 1953, Aug. 24, P.L. 1373, § 1; 1961, April 19, P.L. 93, § 1; 1984, Feb. 17, P.L. 75, No. 14, § 7, effective in 60 days.