THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY WHEATLEY, V. BROWN, PARKER AND PRESTON, DECEMBER 19, 2011

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, DECEMBER 19, 2011  

AN ACT

Amending the act of April 29, 1937 (P.L.526, No.118), entitled,

as reenacted and amended, "An act providing for and

regulating joint purchases by counties (other than counties

of the first class), cities of the second and third class,

boroughs, towns, townships, school districts, institution

districts, and poor districts," providing for contracts to

promote participation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of April 29, 1937 (P.L.526, No.118),

referred to as the Political Subdivision Joint Purchases Law,

reenacted and amended July 28, 1941 (P.L.544, No.224), is

amended by adding a section to read:

Section 3.1  (a)  Each political subdivision that makes

purchases of materials, supplies or equipment jointly with

another political subdivision in accordance with the

requirements of section 2 shall, by ordinance or resolution,

develop and implement binding policies or guidelines to ensure

that all persons are accorded equal opportunity in the

acquisition of such materials, supplies or equipment which the

political subdivision may legally purchase.

(b)  Every contract for or on behalf of a political

subdivision for the purchase of materials, supplies or equipment

made in accordance with the provisions of section 2 shall

contain provisions by which the contractor agrees to promote,

increase and sustain contracting and subcontracting

opportunities for disadvantaged businesses.

(c)  Each political subdivision that makes purchases jointly

with another political subdivision shall ensure that a written

record is made of each written price quotation or telephonic

price quotation that requires advertisement and competitive

bidding. Records of written price quotations, telephonic price

quotations and memoranda shall be retained for three years. The

written record shall include, but not be limited to, the

following:

(1)  The date of the written or telephonic price quotation.

(2)  The name and address of the disadvantaged small

business, if any, and its representative making a written or

telephonic price quotation.

(3)  The name and address of any disadvantaged business

participating in the performance of the contract.

(4)  Information concerning the contract or purchases which

were the subject of the written or telephonic price quotation.

(5)  The money value of the contract or the materials or

supplies.

(d)  This section shall apply to:

(1)  Any contract for or on behalf of a political subdivision

made in accordance with section 2 which is subject to

competitive bidding.

(2)  Any written or telephonic price quotation which requires

advertisement and competitive bidding.

(3)  All contractors, subcontractors, assignees, lessees,

agents, vendors and suppliers who furnish materials, supplies or

equipment to a political subdivision in accordance with section

2.

(4)  Disadvantaged businesses.

(e)  The governing body of each political subdivision 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 political subdivision's

contracting process. The Department of General Services shall

cooperate with and assist the governing body of the political

subdivision in carrying out the requirements of this subsection.

(f)  The following words and phrases when used in this

section 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.

"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.