THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY JOHNSON, DAVIDSON, STURLA, BRADFORD, YOUNGBLOOD, PAYTON, JOSEPHS, CALTAGIRONE, V. BROWN, MYERS, WATERS AND WAGNER, FEBRUARY 17, 2011

REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 17, 2011  

AN ACT

Amending Title 62 (Procurement) of the Pennsylvania Consolidated

Statutes, in small and disadvantaged businesses, providing

for mentor-protégé program.

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.  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

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).

(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. A written agreement shall specify the type of

developmental assistance that will be provided by the mentor

to the protégé disadvantaged business.

Section 2.  This act shall take effect immediately.