Bill Text: PA HB2145 | 2009-2010 | Regular Session | Amended

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Bill Title: In small and disadvantaged businesses, providing for mentor-protege program.

Sponsorship: Strong Partisan Bill (Democrat 17-1)

Status: (Introduced - Dead) 2010-09-14 - Re-committed to APPROPRIATIONS [HB2145 Detail]

Download: Pennsylvania-2009-HB2145-Amended.html

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PRIOR PRINTER'S NO. 3087 PRINTER'S NO. 4025
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2145 Session of2010
INTRODUCED BY JOHNSON, WHEATLEY, BUXTON, JOSEPHS, THOMAS, CALTAGIRONE, LEVDANSKY, MIRABITO, MURPHY, REICHLEY, SIPTROTH, K. SMITH, STURLA, WATERS, YOUNGBLOOD, PAYTON, McCALL AND BRADFORD, JANUARY 19, 2010
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 29, 2010
AN ACT
Amending Title 62 (Procurement) of the Pennsylvania Consolidated
Statutes, in small and disadvantaged businesses, providing
for mentor-protégé program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 62 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 2109. Mentor-protégé program.
(a) General rule.--Commonwealth agencies shall adopt and <--
institute, with the department's assistance, a mentor-protégé
program to assist, support and enable small businesses to
successfully compete for prime and subcontract awards by
partnering with large companies, which shall serve as mentors,
in State contracts.
(b) Factor to be considered.--The mentor-protégé arrangement
between a prime contractor and a minority-owned, women-owned or
disadvantaged subcontractor shall be an important factor to be
considered or weighed by the Commonwealth agency in awarding a
contract.
(c) Guidelines.--The department shall establish the
appropriate and applicable guidelines and criteria for firms to
participate in a mentor-protégé program.
(a) Establishment and purpose of program.-- <--
(1) The department shall establish a mentor-protégé
program to assist disadvantaged businesses in enhancing their
capabilities to compete for and perform prime contracts and
subcontracts awarded by a Commonwealth agency.
(2) The purpose of the mentor-protegé program is to
foster long-term business relationships between disadvantaged
businesses and prime contractors in order to facilitate their
growth and development and increase their prime contracting
and subcontracting opportunities with Commonwealth agencies.
(b) General rule.--A prime contractor that is approved as a
mentor by the department may enter into a written agreement with
a disadvantaged business to provide developmental assistance to
enhance the disadvantaged business contracting and
subcontracting capabilities. Developmental assistance provided
by a mentor prime contractor to its protégé disadvantaged
business may include, but not be limited to, the following:
(1) Management assistance, including financial
management, organizational management, business management
and planning and business development.
(2) Technical assistance.
(3) Financial assistance.
(4) Temporary employee assistance.
(5) Use of facilities, equipment or property without
charge.
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(6) Any other type of developmental assistance as
approved by the department.
(c) Factor to be considered.--Notwithstanding any other
provision of this title to the contrary, the mentor-protégé
arrangement between a prime contractor and a disadvantaged
business whereby the disadvantaged business serves as a joint
venture partner or subcontractor to the prime contractor shall
be an important factor to be considered or weighed by a
Commonwealth agency in awarding a contract under sections 513
(relating to competitive sealed proposals), 517 (relating to
multiple awards), 518 (relating to competitive selection
procedures for certain services) and 519 (relating to selection
procedure for insurance and notary bonds).
(d) Guidelines.--The department shall adopt and publish
guidelines to enforce and carry out the requirements of this
section. The guidelines shall be published in the Pennsylvania
Bulletin and shall include, but may not be limited to, the
following:
(1) Selection criteria for mentor and protégé
businesses.
(2) An application process, including an application
form to be used by prime contractors seeking to participate
in the mentor-protégé program and a time frame for review.
(3) Criteria for measuring program impact and success.
(4) The required contents of a mentor-protégé written
agreement. Each such written agreement shall specify the type
of developmental assistance that will be provided by the
mentor to the protégé disadvantaged business.
Section 2. This act shall take effect immediately.
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