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| PRIOR PRINTER'S NO. 3090 | PRINTER'S NO. 4028 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BEYER, WHEATLEY, BUXTON, JOSEPHS, THOMAS, MUSTIO, BISHOP, McCALL, PAYTON, PRESTON, REICHLEY, SIPTROTH, STURLA, WATERS AND WATSON, JANUARY 19, 2010 |
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| AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, JUNE 29, 2010 |
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| AN ACT |
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1 | Amending Title 62 (Procurement) of the Pennsylvania Consolidated |
2 | Statutes, in small and disadvantaged businesses, providing |
3 | for prime contractors' contractor performance. | <-- |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 62 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a section to read: |
8 | § 2109. Prime contractors' performance. | <-- |
9 | The department shall develop concise and detailed good faith |
10 | effort requirements for its prime contractors to ensure their |
11 | genuine attempt at meeting the State's disadvantaged business |
12 | subcontractor participation requirements. Contractors and |
13 | grantees doing business with the Commonwealth shall make |
14 | reasonable and good faith efforts to provide maximum practicable |
15 | opportunities for small disadvantaged businesses to participate |
16 | as contractors, professional service providers, subcontractors |
17 | and suppliers and to keep the contractual commitment made to |
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1 | disadvantaged business subcontractors. Documentation of a good |
2 | faith effort shall include, but is not limited to, the |
3 | following: |
4 | (1) Attendance at prebid or preproposal conferences. |
5 | (2) Copies of written notification sent to all |
6 | disadvantaged businesses that perform the type of work to be |
7 | subcontracted in sufficient time to allow the businesses to |
8 | participate effectively. |
9 | (3) Advisement to the disadvantaged businesses of the |
10 | specific work the prime contractor intends to subcontract, |
11 | that their interest in the project is being solicited and how |
12 | to obtain information for the review and inspection of the |
13 | plans, specifications and requirements of the bid. |
14 | (4) A written statement that economically feasible |
15 | portions of work were selected to be performed by |
16 | disadvantaged businesses, including, where appropriate, |
17 | segmenting or combining elements of work into economically |
18 | feasible units. |
19 | (5) A statement of the efforts made to negotiate with |
20 | disadvantaged businesses, including the name, address and |
21 | telephone number of any disadvantaged business that was |
22 | contacted; the date the negotiations took place; and a |
23 | description of the information provided to the disadvantaged |
24 | businesses regarding the plans, specifications and |
25 | requirements for the portion of the work to be performed. |
26 | (6) Consulting with the Bureau of Minority and Women |
27 | Business Opportunities to ensure significant contracting, |
28 | professional service, subcontracting and purchasing |
29 | opportunities for disadvantaged businesses unless the |
30 | department agrees that contractor or grantee participation in |
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1 | outreach activities will satisfy this requirement. |
2 | (7) Participating in outreach activities and events to |
3 | increase small and disadvantaged business interest and |
4 | participation in contracting, professional service, |
5 | subcontracting and purchasing opportunities. The extent of |
6 | the contractor's or grantee's commitment to participate in |
7 | outreach participation shall be a consideration in the award |
8 | of any contract or grant. |
9 | (8) Using the department's Internet website to identify |
10 | certified disadvantaged businesses as potential sources for |
11 | professional service, subcontracting, purchasing, |
12 | construction, equipment, services and supplies. |
13 | (9) Soliciting certified disadvantaged businesses for |
14 | all contracting, professional service agreements, |
15 | subcontracting and purchasing opportunities. |
16 | (10) Including certified disadvantaged businesses on |
17 | solicitation lists. |
18 | (11) Preparing and retaining records of solicitations, |
19 | including a bid tabulation, showing names of all firms |
20 | solicited and the dollar amount of the bid, quote or |
21 | proposal, as well as copies of all bids, quotes and proposals |
22 | received. |
23 | (12) Providing quarterly reports to the Bureau of |
24 | Minority and Women Business Opportunities on small |
25 | disadvantaged business utilization. |
26 | (13) Demonstrating good faith efforts in the oversight |
27 | and timely payment, as provided under Ch. 39, Subch. D |
28 | (relating to prompt payment schedules), to disadvantaged |
29 | businesses and commitment to maintain the disadvantaged |
30 | subcontractor commitment made at the time of the award or |
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1 | thereafter. |
2 | § 2109. Contractor performance; general conditions. | <-- |
3 | Each Commonwealth agency taking bids in connection with the |
4 | award of any contract shall provide in the general conditions, |
5 | under which a bid will be received, that any person making a bid |
6 | as a prime contractor shall, in his bid or offer, set forth the |
7 | following information: |
8 | (1) The name and address of the place of business of |
9 | each subcontractor certified as a disadvantaged business that |
10 | will perform work or labor or render service to the prime |
11 | contractor in connection with the performance of the contract |
12 | and that will be used by the prime contractor to fulfill |
13 | disadvantaged business participation goals. |
14 | (2) The portion of the contract that will be performed |
15 | by each subcontractor under paragraph (1). Except that, in |
16 | the case of an emergency where a contract is necessary and |
17 | essential for the immediate preservation of the public |
18 | health, welfare or safety or the protection of State |
19 | property, the prime contractor shall list only one |
20 | subcontractor for each portion of the contract as is defined |
21 | by the prime contractor in his bid or offer. |
22 | (3) A statement of the efforts made to negotiate with |
23 | disadvantaged businesses, including the name, address and |
24 | telephone number of any disadvantaged business contacted by |
25 | the prime contractor; the date the negotiations took place, |
26 | if any; and a description of the information provided to the |
27 | disadvantaged businesses regarding the plans, specifications |
28 | and requirements for the portion of the contract proposed to |
29 | be performed by the disadvantaged business. |
30 | (4) The bid or offer may also set forth any of the |
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1 | following information: |
2 | (i) Whether the person or a representative of the |
3 | person attended any prebid or preproposal conferences. |
4 | (ii) A copy of any written notification of the bid |
5 | or offer to perform a contract sent by certified mail, |
6 | return receipt requested, or electronic mail, read |
7 | receipt, to disadvantaged businesses that perform the |
8 | type of work to be subcontracted in sufficient time to |
9 | allow the disadvantaged businesses to participate |
10 | effectively. |
11 | (iii) The specific work the person intends to |
12 | subcontract, that interest in the project is being |
13 | solicited and how to obtain information for the review |
14 | and inspection of the plans, specifications and |
15 | requirements of the invitation for bids or requests for |
16 | proposals. |
17 | (iv) A statement of whether economically feasible |
18 | portions of the contract will be performed by |
19 | disadvantaged businesses, including, where appropriate, |
20 | segmenting or combining elements of a contract into |
21 | economically feasible units. |
22 | (v) Information on whether the person or a |
23 | representative of the person consulted with the Bureau of |
24 | Minority and Women Business Opportunities to ensure |
25 | significant contracting, subcontracting and purchasing |
26 | opportunities for disadvantaged businesses. |
27 | (vi) Information on whether the person or a |
28 | representative of the person participated in any outreach |
29 | activities or events to increase disadvantaged business |
30 | interest and participation in contracting, subcontracting |
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1 | and purchasing opportunities. |
2 | (vii) Information on use of the department's |
3 | Internet website to identify certified disadvantaged |
4 | businesses as prospects for contracting, subcontracting |
5 | and purchasing opportunities in connection with a bid or |
6 | offer. |
7 | (viii) Any solicitation of certified disadvantaged |
8 | businesses for contracting, subcontracting or purchasing |
9 | opportunities and inclusion of certified disadvantaged |
10 | businesses on solicitation lists. |
11 | (ix) Records of solicitations, including a bid |
12 | tabulation, showing the names of all disadvantaged |
13 | businesses solicited and the dollar amount of the bid, |
14 | quote or proposal, as well as copies of all bids, quotes |
15 | and proposals received. |
16 | (x) Any quarterly reports or other report provided |
17 | to the Bureau of Minority and Women Business |
18 | Opportunities depicting disadvantaged business |
19 | utilization. |
20 | (xi) Evidence demonstrating any good faith effort in |
21 | the oversight of and timely payment, as provided under |
22 | Subchapter D of Chapter 39 (relating to prompt payment |
23 | schedules), to disadvantaged businesses and to maintain |
24 | the commitment made to disadvantaged businesses that |
25 | serve as subcontractor at the time the subcontract was |
26 | awarded, and thereafter. |
27 | Section 2. This act shall take effect immediately. |
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