Pennsylvania Statutes Title 53 P.S. Municipal and Quasi-Municipal Corporations § 4000.1508. Procurement options for local public agencies and certain Commonwealth agencies

(1) In issuing invitations to bid for the purchase of goods, supplies, equipment, materials and printing, set forth a minimum percentage of recycled content for the goods, supplies, equipment, materials and printing that must be certified by a bidder in order to qualify for the preference in this paragraph.  For goods, supplies, equipment, materials and printing for which the Environmental Protection Agency has adopted procurement guidelines under the Resource Conservation and Recovery Act of 1976 (Public Law 94-580, 42 U.S.C. § 6901 et seq.), as amended, the minimum percentage of recycled content shall not be less than is specified in such guidelines.  A person may submit a bid that does not certify that the goods, supplies, equipment, materials or printing contain such minimum percentage of recycled content.  Every bidder for the purchase of goods, supplies, equipment, materials and printing which certifies that the goods, supplies, equipment, materials and printing subject to the bid contain the minimum percentage of recycled content that is set forth in the invitation for bids shall be granted a preference equal to 5% of the bid amount against any bidder that has not so certified.

(2) Establish specifications for bids for public contracts that require all bidders to propose that a stated minimum percentage of goods, supplies, equipment, materials or printing to be used for the contract be made from recycled material.

(3) Upon evaluation of bids opened for a public contract for goods, supplies, equipment, materials or printing, the agency shall identify the lowest responsible bidder.  Where there is a tie for lowest responsible bidder, the agency shall consider, as one factor in determining to whom to award the contract, which of the bids provides for the greatest weight of recycled content in the goods, supplies, equipment, materials or printing, or such other measure of recycled content as may be set forth in the invitation for bids.