Lewis, 081031 PAAGO, AGO 20

Case DateAugust 10, 1931
CourtPennsylvania
Honorable S. S. Lewis,
AGO 20
Opinion No. 20
Pennsylvania Attorney General Opinions
Opinions Of The Attorney General
August 10, 1931
         Supplies-Reciprocal Purchase of--Equipment Owned by State Contractor.          Section 523 of The Administrative Code of 1929 as amended by the Act of 1931, No. 144, does not prohibit a contractor, performing a state contract, from using equipment owned by him, which was purchased in a state, which prohibits the use of supplies in or on its public works not manufactured in such state.          Honorable S. S. Lewis,          Secretary of Highways,          Harrisburg, Pennsylvania.          Sir: You have asked our advice in reference to Section 523 of The Administrative Code of 1929, as amended by Act No. 144, approved June 1, 1931. This section amends The Administrative Code of 1929 by adding a new section which relates to reciprocal limitations upon the purchase of supplies and materials.          You particularly ask:          1. What steps you should take in awarding contracts where the contractor has road building equipment formerly purchased by him in a state which prohibits use of equipment not manufactured in such state.          2. Should you specify that no equipment manufactured in such state shall be purchased for use on your projects.          The above section reads as follows:
"Reciprocal Limitations upon the Purchase of Supplies and Materials.—It shall be unlawful for any administrative department, board, or commission to specify for or permit to be used in or on any public building or other work erected, constructed, or repaired at the expense of the Commonwealth, or to purchase, any supplies, equipment, or materials manufactured in any state which prohibits the specification for or use in or on its public buildings or other works or the purchase of supplies, equipment, or
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