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| PRIOR PRINTER'S NO. 3083 | PRINTER'S NO. 4023 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BUXTON, WHEATLEY, JOSEPHS, SONNEY, THOMAS, CALTAGIRONE, CREIGHTON, GEIST, HARRIS, HORNAMAN, KOTIK, McCALL, MOUL, MURT, PAYTON, SIPTROTH, STURLA, SWANGER AND WATERS, 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, further |
3 | defining "small business." business"; and providing for | <-- |
4 | authority to waive employee limit. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. The definition of "small business" in section |
8 | 2102 of Title 62 of the Pennsylvania Consolidated Statutes is |
9 | amended to read: |
10 | § 2102. Definitions. |
11 | Subject to section 2103 (relating to regulations), the |
12 | following words and phrases when used in this chapter shall have |
13 | the meanings given to them in this section unless the context |
14 | clearly indicates otherwise: |
15 | * * * |
16 | "Small business." A business in the United States which is |
17 | independently owned, is not dominant in its field of operation |
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1 | and employs [100] 250 or fewer employees with up to $45,000,000 | <-- |
2 | in gross revenue. |
3 | Section 2. Title 62 is amended by adding a section to read: | <-- |
4 | § 2104.1. Authority to waive employee limit. |
5 | (a) Authority to waive.--The department or a Commonwealth |
6 | agency may, at its discretion and where it is determined to be |
7 | in the best interest of this Commonwealth, waive the small |
8 | business employee limit requirement in order to promote and |
9 | create economic opportunities for disadvantaged businesses. |
10 | (b) Inclusion of employee limit in bid document.--The |
11 | department or a Commonwealth agency shall inform prospective |
12 | bidders of the decision to waive the small business employee |
13 | limit for disadvantaged businesses by including notice of the |
14 | waiver in the invitation for bid, request for proposal or any |
15 | other bid document that is subject to an employee limit waiver, |
16 | prior to its release for bidding purposes by the department or a |
17 | Commonwealth agency. |
18 | (c) Subsequent determination to waive notice.--If the |
19 | department or a Commonwealth agency determines that the small |
20 | business employee limit should be waived subsequent to the |
21 | release of an invitation for bid, request for proposal or any |
22 | other bid document, the department or Commonwealth agency shall |
23 | take appropriate action to ensure the inclusion of disadvantaged |
24 | businesses in bidding requirements and provide prompt notice to |
25 | all prospective bidders of the determination to waive the small |
26 | business employee limit. |
27 | (d) Report.--The department shall include in its annual |
28 | report to the General Assembly information on its use of the |
29 | small business employee limit waiver authorized under this |
30 | section. The report shall include, but may not be limited to, |
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1 | the following information for the preceding calendar year: |
2 | (1) The number of times the employee limit was waived |
3 | prior to the release of an invitation for bid, request for |
4 | proposal or other bid document and the reason for imposing |
5 | the waiver. |
6 | (2) The number of times the employee limit was waived |
7 | following the release of an invitation for bid, request for |
8 | proposal or other bid document and the reason for the |
9 | subsequent determination to waive the small business employee |
10 | limit requirement. |
11 | (3) The identity and geographic location of the |
12 | disadvantaged businesses subject to an employee limit waiver. |
13 | (4) The number of employees of each disadvantaged |
14 | business subject to an employee limit waiver. |
15 | (5) The dollar amount of each contract awarded which |
16 | included a small business employee limit waiver. |
17 | (e) Applicability.--The provisions of this section shall |
18 | apply to any eligible "disadvantaged business" as defined under |
19 | 62 Pa.C.S. § 2102 (relating to definitions). |
20 | Section 2 3. This act shall take effect immediately. | <-- |
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