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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY WHEATLEY, PARKER AND PRESTON, DECEMBER 19, 2011 |
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| REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, DECEMBER 19, 2011 |
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| AN ACT |
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1 | Amending the act of May 27, 1953 (P.L.244, No.34), entitled "An |
2 | act relating to and regulating the contracts of incorporated |
3 | towns and providing penalties," providing for contracts to |
4 | promote participation. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. The act of May 27, 1953 (P.L.244, No.34), |
8 | entitled "An act relating to and regulating the contracts of |
9 | incorporated towns and providing penalties," is amended by |
10 | adding a section to read: |
11 | Section 3.2. Contracts to Promote Participation.--(a) The |
12 | council of each incorporated town shall develop, adopt and |
13 | implement binding policies or guidelines to ensure that all |
14 | persons are accorded equal opportunity in purchasing, |
15 | contracting and subcontracting associated with the construction, |
16 | reconstruction, alteration, repair, improvement or maintenance |
17 | of public works and purchase of materials, equipment or any |
18 | other supplies for the use of the incorporated town. |
19 | (b) Every contract for or on behalf of an incorporated town |
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1 | for the construction, alteration, repair, improvement or |
2 | maintenance of any public building or other public works shall |
3 | contain provisions by which the contractor agrees to promote, |
4 | increase and sustain contracting and subcontracting |
5 | opportunities for disadvantaged businesses. |
6 | (c) The council shall ensure that a written record is made |
7 | of each written or telephonic price quotation that requires |
8 | advertisement and competitive bidding. Written price quotations, |
9 | written records of telephonic price quotations and memoranda |
10 | shall be retained for a period of three years. The written |
11 | record shall include, but not be limited to: |
12 | (1) The date of the quotation. |
13 | (2) The name and address of any disadvantaged small business |
14 | involved in the performance of the contract or purchase. |
15 | (3) Information concerning the subject contract or the |
16 | purchase of materials and supplies which were the subject of the |
17 | price quotation. |
18 | (4) The money value of the contract or the materials or |
19 | supplies. |
20 | (d) This section shall apply to: |
21 | (1) Any contract which is subject to competitive bidding. |
22 | (2) Any written price quotation or telephonic price |
23 | quotation which requires advertisement and competitive bidding |
24 | in accordance with the requirements of this act. |
25 | (3) All contractors, subcontractors, assignees, lessees, |
26 | agents, vendors and suppliers. |
27 | (4) Disadvantaged businesses. |
28 | (e) The council may use the lists of certified minority- |
29 | owned, women-owned and veteran-owned business enterprises which |
30 | have been certified under the Department of General Services' |
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1 | disadvantaged business program to compete for and participate in |
2 | the incorporated town's contracting process. The Department of |
3 | General Services shall cooperate with and assist the council in |
4 | carrying out the requirements of this subsection. |
5 | (f) For the purpose of this section, the following words and |
6 | phrases shall have the meaning given to them in this subsection |
7 | unless the context clearly indicates otherwise: |
8 | "Disadvantaged business." A small business which is owned or |
9 | controlled by a majority of persons, not limited to members of |
10 | minority groups, who: |
11 | (1) have been deprived of the opportunity to develop and |
12 | maintain a competitive position in the economy because of social |
13 | disadvantages; or |
14 | (2) are veterans, including service-disabled veterans. |
15 | The term shall include a small business which is owned or |
16 | controlled by a majority of persons who are veterans or service- |
17 | disabled veterans. |
18 | "Service-disabled veteran." A veteran who possesses either |
19 | an adjudication letter from the Department of Veterans Affairs |
20 | establishing a service-connected disability rating or a |
21 | disability determination from the Department of Defense. |
22 | "Small business." The term shall have the meaning given to |
23 | it in 62 Pa.C.S. § 2102 (relating to definitions). |
24 | "Veteran." An individual who: |
25 | (1) served in the active United States military in any of |
26 | the four current branches and all previous branches, including a |
27 | reserve component or the National Guard; |
28 | (2) was released or discharged from active military service |
29 | under conditions other than dishonorable; and |
30 | (3) possesses a certificate of release or discharge from |
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1 | active duty. |
2 | Section 2. This act shall take effect in 60 days. |
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