THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BEYER, WHEATLEY, BUXTON, JOSEPHS, THOMAS, MUSTIO, BISHOP, McCALL, PAYTON, PRESTON, REICHLEY, SIPTROTH, STURLA, WATERS AND WATSON, JANUARY 19, 2010

REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 19, 2010  

AN ACT

Amending Title 62 (Procurement) of the Pennsylvania Consolidated

Statutes, in small and disadvantaged businesses, providing

for prime contractors' performance.

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.  Prime contractors' performance.

The department shall develop concise and detailed good faith

effort requirements for its prime contractors to ensure their

genuine attempt at meeting the State's disadvantaged business

subcontractor participation requirements. Contractors and

grantees doing business with the Commonwealth shall make

reasonable and good faith efforts to provide maximum practicable

opportunities for small disadvantaged businesses to participate

as contractors, professional service providers, subcontractors

and suppliers and to keep the contractual commitment made to

disadvantaged business subcontractors. Documentation of a good

faith effort shall include, but is not limited to, the

following:

(1)  Attendance at prebid or preproposal conferences.

(2)  Copies of written notification sent to all

disadvantaged businesses that perform the type of work to be

subcontracted in sufficient time to allow the businesses to

participate effectively.

(3)  Advisement to the disadvantaged businesses of the

specific work the prime contractor intends to subcontract,

that their interest in the project is being solicited and how

to obtain information for the review and inspection of the

plans, specifications and requirements of the bid.

(4)  A written statement that economically feasible

portions of work were selected to be performed by

disadvantaged businesses, including, where appropriate,

segmenting or combining elements of work into economically

feasible units.

(5)  A statement of the efforts made to negotiate with

disadvantaged businesses, including the name, address and

telephone number of any disadvantaged business that was

contacted; the date the negotiations took place; and a

description of the information provided to the disadvantaged

businesses regarding the plans, specifications and

requirements for the portion of the work to be performed.

(6)  Consulting with the Bureau of Minority and Women

Business Opportunities to ensure significant contracting,

professional service, subcontracting and purchasing

opportunities for disadvantaged businesses unless the

department agrees that contractor or grantee participation in

outreach activities will satisfy this requirement.

(7)  Participating in outreach activities and events to

increase small and disadvantaged business interest and

participation in contracting, professional service,

subcontracting and purchasing opportunities. The extent of

the contractor's or grantee's commitment to participate in

outreach participation shall be a consideration in the award

of any contract or grant.

(8)  Using the department's Internet website to identify

certified disadvantaged businesses as potential sources for

professional service, subcontracting, purchasing,

construction, equipment, services and supplies.

(9)  Soliciting certified disadvantaged businesses for

all contracting, professional service agreements,

subcontracting and purchasing opportunities.

(10)  Including certified disadvantaged businesses on

solicitation lists.

(11)  Preparing and retaining records of solicitations,

including a bid tabulation, showing names of all firms

solicited and the dollar amount of the bid, quote or

proposal, as well as copies of all bids, quotes and proposals

received.

(12)  Providing quarterly reports to the Bureau of

Minority and Women Business Opportunities on small

disadvantaged business utilization.

(13)  Demonstrating good faith efforts in the oversight

and timely payment, as provided under Ch. 39, Subch. D

(relating to prompt payment schedules), to disadvantaged

businesses and commitment to maintain the disadvantaged

subcontractor commitment made at the time of the award or

thereafter.

Section 2.  This act shall take effect immediately.