Section 4000.1505 - Procurement by Department of General Services(a)Bidding.--In issuing invitations to bid for the purchase of goods, supplies, equipment, materials and printing, the Department of General Services shall 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 subsection (b). 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. The Department of General Services may waive this requirement for goods, supplies, equipment, materials and printing that cannot be procured with recycled content.(b)Preference.--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. The Department of General Services shall waive this requirement for paper products purchased for State-owned hospitals.(c)Ties.--When there is a tie for lowest responsible bidder, the Department of General Services may 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.(d)Implementation.--The Department of General Services may carry out the provisions and purposes of this section through appropriate contractual provisions and invitations to bid, through the adoption of such regulations as it deems necessary, or both.(e)Federal funds.--The provisions of this section shall not be applicable when such provisions may jeopardize the receipt of Federal funds.(f)Additional provisions.--The requirements of this section are in addition to those set forth in section 1504 for the Department of General Services.(g)Cooperation.--All Commonwealth agencies shall cooperate with the Department of General Services in carrying out this section.(h)Annual report.--The Department of General Services shall submit an annual report to the General Assembly concerning the implementation of this section. This report shall include a description of what actions the Department of General Services has taken in the previous year to implement this section. This report shall be submitted on or before the anniversary of the effective date of this act. 1988, July 28, P.L. 556, No. 101, § 1505, effective in 60 days.