Bill Text: PA HB2095 | 2011-2012 | Regular Session | Introduced

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Bill Title: Amending the act of May 27, 1953 (P.L.244, No.34), entitled "An act relating to and regulating the contracts of incorporated towns and providing penalties," providing for contracts to promote participation.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2011-12-19 - Referred to LOCAL GOVERNMENT [HB2095 Detail]

Download: Pennsylvania-2011-HB2095-Introduced.html

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PRINTER'S NO. 2919
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2095 Session of2011
INTRODUCED BY WHEATLEY, PARKER AND PRESTON, DECEMBER 19, 2011
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, DECEMBER 19, 2011
AN ACT
Amending the act of May 27, 1953 (P.L.244, No.34), entitled "An
act relating to and regulating the contracts of incorporated
towns and providing penalties," providing for contracts to
promote participation.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of May 27, 1953 (P.L.244, No.34),
entitled "An act relating to and regulating the contracts of
incorporated towns and providing penalties," is amended by
adding a section to read:
Section 3.2. Contracts to Promote Participation.--(a) The
council of each incorporated town shall develop, adopt and
implement binding policies or guidelines to ensure that all
persons are accorded equal opportunity in purchasing,
contracting and subcontracting associated with the construction,
reconstruction, alteration, repair, improvement or maintenance
of public works and purchase of materials, equipment or any
other supplies for the use of the incorporated town.
(b) Every contract for or on behalf of an incorporated town
for the construction, alteration, repair, improvement or
maintenance of any public building or other public works shall
contain provisions by which the contractor agrees to promote,
increase and sustain contracting and subcontracting
opportunities for disadvantaged businesses.
(c) The council shall ensure that a written record is made
of each written or telephonic price quotation that requires
advertisement and competitive bidding. Written price quotations,
written records of telephonic price quotations and memoranda
shall be retained for a period of three years. The written
record shall include, but not be limited to:
(1) The date of the quotation.
(2) The name and address of any disadvantaged small business
involved in the performance of the contract or purchase.
(3) Information concerning the subject contract or the
purchase of materials and supplies which were the subject of the
price quotation.
(4) The money value of the contract or the materials or
supplies.
(d) This section shall apply to:
(1) Any contract which is subject to competitive bidding.
(2) Any written price quotation or telephonic price
quotation which requires advertisement and competitive bidding
in accordance with the requirements of this act.
(3) All contractors, subcontractors, assignees, lessees,
agents, vendors and suppliers.
(4) Disadvantaged businesses.
(e) The council may use the lists of certified minority-
owned, women-owned and veteran-owned business enterprises which
have been certified under the Department of General Services'
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disadvantaged business program to compete for and participate in
the incorporated town's contracting process. The Department of
General Services shall cooperate with and assist the council in
carrying out the requirements of this subsection.
(f) For the purpose of this section, the following words and
phrases shall have the meaning given to them in this subsection
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.
The term shall include a small business which is owned or
controlled by a majority of persons who are veterans or service-
disabled veterans.
"Service-disabled veteran." A veteran who possesses either
an adjudication letter from the Department of Veterans Affairs
establishing a service-connected disability rating or a
disability determination from the Department of Defense.
"Small business." The term shall have the meaning given to
it in 62 Pa.C.S. § 2102 (relating to definitions).
"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; and
(3) possesses a certificate of release or discharge from
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active duty.
Section 2. This act shall take effect in 60 days.
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