THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY WHEATLEY, V. BROWN, BROWNLEE, CALTAGIRONE, HORNAMAN, PARKER, PAYTON AND PRESTON, DECEMBER 16, 2011

REFERRED TO COMMITTEE ON EDUCATION, DECEMBER 16, 2011  

AN ACT

Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An

act relating to the public school system, including certain

provisions applicable as well to private and parochial

schools; amending, revising, consolidating and changing the

laws relating thereto," providing for contracts to promote

participation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of March 10, 1949 (P.L.30, No.14), known

as the Public School Code of 1949, is amended by adding a

section to read:

Section 761.  Contracts to Promote Participation.--(a)  The

board of school directors of each school district shall develop,

adopt and implement binding policies or guidelines to ensure

that all persons are accorded equal opportunity in contracting

and subcontracting associated with any public contract for the

construction, reconstruction, alteration or repair of any school

district building or other such public work or for the

completion of any project or performance of any other work

whatsoever and the purchase of any materials, equipment or any

other supplies for the use of the public school in accordance

with section 807.1.

(b)  Every contract for or on behalf of a school district for

the construction, reconstruction, alteration or repair of any

school district building or other such public work or for the

completion of any project or performance of any other work or

purchases for the use of the school district shall contain

provisions by which the contractor agrees to promote, increase

and sustain contracting and subcontracting opportunities for

disadvantaged businesses.

(c)  The board of school directors of each school district

shall ensure that a written record is made of each written or

telephonic price quotation that requires advertisement and

competitive bidding. Written price quotations and 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

which is participating in the performance of the contract.

(3)  Information concerning the contract which is subject to

written or telephonic price quotation.

(4)  The monetary value of the contract.

(d)  This section shall apply to:

(1)  Any school district contract which is subject to

competitive bidding.

(2)  Any written or telephonic price quotation which requires

advertisement and competitive bidding in accordance with the

requirements of this act.

(3)  All school district contractors, subcontractors,

assignees, lessees, agents, vendors and suppliers.

(4)  The purchase of supplies for the use of public schools

in accordance with section 807.1.

(5)  Any disadvantaged business.

(e)  The board of school directors of each school district

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' disadvantaged business

program to compete for and participate in the school district's

contracting process. The Department of General Services shall

cooperate with and assist the board in carrying out the

requirements of this subsection.

(f)  For the purpose of this section, the following words and

phrases shall have the meanings given to them in this section

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.

"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

active duty.

Section 2.  This act shall take effect in 60 days.