Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 1885 - Payments under contracts; action to recover unauthorized payments; prohibitions for violations; procedure(a) No public agency shall authorize, provide for or make any payments to any person under any contract containing the provision required by section 4 unless, when unidentified steel products are supplied under a contract, such person has provided documentation including, but not limited to, invoices, bills of lading, and mill certification that the steel was melted and manufactured in the United States, which establish that such person has fully complied with such provision. If a steel product is identifiable from its face, such person must submit certification which satisfies the public agency that such person has fully complied with the provision required by section 4. Any such payments made to any person by any public agency which should not have been made as a result of this section shall be recoverable directly from the contractor, subcontractor, manufacturer or supplier who did not comply with section 4 by either such public agency or the Attorney General of Pennsylvania.(b) In addition to the withholding of payments, any person who willfully violates any of the provisions of this act shall be prohibited from submitting any bids to any public agency for any contract for a period of five years from the date of the determination that a violation has occurred. In the event the person who violates the provisions of section 4(a) is a subcontractor, manufacturer or supplier, such person shall be prohibited from performing any work or supplying any materials to a public agency for a period of five years from the date of the determination that a violation has occurred.(c) Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure) applies to decisions by public agencies that a person has violated section 4(a).1978, March 3, P.L. 6, No. 3, § 5, effective in 60 days. Affected 1980, Oct. 5, P.L. 693, No. 142, § 305, effective in 60 days. Amended 1984, July 9, P.L. 674, No. 144, § 1, effective in 60 days.