Bill Text: PA HB2145 | 2011-2012 | Regular Session | Introduced

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

Sponsorship: Partisan Bill (Democrat 28-1)

Status: (Introduced - Dead) 2012-02-09 - Referred to STATE GOVERNMENT [HB2145 Detail]

Download: Pennsylvania-2011-HB2145-Introduced.html

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PRINTER'S NO. 3075
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2145 Session of2012
INTRODUCED BY BROWNLEE, WHEATLEY, MIRABITO, PAYTON, FABRIZIO, CALTAGIRONE, KULA, JOSEPHS, BRADFORD, DALEY, PARKER, DONATUCCI, M. O'BRIEN, YOUNGBLOOD, WATERS, V. BROWN, ROEBUCK, McGEEHAN, K. BOYLE, CRUZ, DAVIS, QUINN, SABATINA, DAVIDSON, W. KELLER, PRESTON, KIRKLAND, MATZIE AND THOMAS, FEBRUARY 9, 2012
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 9, 2012
AN ACT
Amending Title 62 (Procurement) of the Pennsylvania Consolidated
Statutes, in small and disadvantaged businesses, further
providing for definitions; and providing for mentor-protégé
program.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The introductory paragraph and the definition of
"disadvantaged business" in section 2102 of Title 62 of the
Pennsylvania Consolidated Statutes is amended and the section is
amended by adding definitions to read:
§ 2102. Definitions.
[Subject] Notwithstanding section 103 (relating to
definitions) and subject to section 2103 (relating to
regulations), the following words and phrases when used in this
chapter shall have the meanings given to them in this section
unless the context clearly indicates otherwise:
"Disadvantaged business." A small business which is owned or
controlled by a majority of persons, not limited to members of
minority groups, who:
(1) have been deprived of the opportunity to develop and
maintain a competitive position in the economy because of
social disadvantages[.]; or
(2) are veterans, including service-disabled veterans.
"Service-disabled veteran." A veteran who possesses either
an adjudication letter from the United States Veterans'
Administration establishing a service-connected disability
rating or a disability determination from the United States
Department of Defense.
* * *
"Veteran." An individual who:
(1) Served in the active United States military in any
of the four current branches and all previous branches,
including a reserve component or the National Guard.
(2) Was released or discharged from active military
service under conditions other than dishonorable.
(3) Possesses a certificate of release or discharge from
active duty.
Section 2. Title 62 is amended by adding a section to read:
§ 2109. 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-protégé program is to
foster long-term business relationships between disadvantaged
businesses and prime contractors in order to facilitate their
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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.
(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).
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(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 3. This act shall take effect immediately.
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