| HOUSE AMENDED |
| PRIOR PRINTER'S NOS. 1481, 1713, 2009, 2035, 2409 | PRINTER'S NO. 2476 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY FOLMER, VOGEL, RAFFERTY, ERICKSON, ORIE, SMUCKER, FARNESE, PILEGGI, ALLOWAY, BROWNE, WAUGH, FERLO, YUDICHAK, BOSCOLA, MENSCH AND PICCOLA, JULY 21, 2011 |
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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, OCTOBER 15, 2012 |
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| AN ACT |
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1 | Amending Title 62 (Procurement) of the Pennsylvania Consolidated |
2 | Statutes, providing for public access to procurement records; | <-- |
3 | and further providing for competitive sealed proposals, for | <-- |
4 | sole source procurement and for emergency procurement; | <-- |
5 | providing for small business reserve program, for oversight | <-- |
6 | and responsibility AND for contracting with veteran-owned |
7 | small businesses; and imposing duties on the Department of |
8 | General Services and other Commonwealth purchasing agencies. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. Sections 515 and 516 of Title 62 of the | <-- |
12 | Pennsylvania Consolidated Statutes are amended to read: |
13 | Section 1. Title 62 of the Pennsylvania Consolidated | <-- |
14 | Statutes is amended by adding a section to read: |
15 | § 106.1. Public access to procurement records. |
16 | (a) General rule.--Records concerning a procurement shall be |
17 | made public, consistent with the act of February 14, 2008 |
18 | (P.L.6, No.3), known as the Right-to-Know Law. |
19 | (b) Access for noncompetitive contracts.--If a procurement | <-- |
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1 | is to be made under section 513 (relating to competitive sealed |
2 | proposals), 515 (relating to sole source procurement), 517 |
3 | (relating to multiple awards), 518 (relating to competitive |
4 | selection procedures for certain services), 519 (relating to |
5 | selection procedure for insurance and notary bonds) or 905 |
6 | (relating to procurement of design professional services), seven |
7 | calendar days prior to execution by the contracting official the |
8 | purchasing agency shall post the proposed contract and any |
9 | written determination made by the contracting officer which is |
10 | related to the contract on its publicly accessible Internet |
11 | website. |
12 | (b) Public posting and availability of procurement | <-- |
13 | information.--The purchasing agency shall post the following |
14 | procurement documents on the department's, or in the case of an |
15 | independent agency, its own publicly accessible Internet website |
16 | or otherwise made available in the manner indicated below: |
17 | (1) Public notice of an invitation for bids or request |
18 | for proposals may be given in accordance with section 512(c) |
19 | (1) (relating to competitive sealed bidding) or 513(b) |
20 | (relating to competitive sealed proposals) by posting the |
21 | invitation for bids or request for proposals, including if |
22 | applicable, the written determination required by section |
23 | 513(a), on the date issued and until the closing date for |
24 | receipt of bids or proposals. |
25 | (2) Bid tabulations recording the name of each bidder |
26 | and bid amount in accordance with section 512(d) shall be |
27 | posted as soon as practicable after bid opening, unless the |
28 | purchasing agency elects to cancel the invitation for bids. |
29 | (3) Notices of award pursuant to an invitation for bids |
30 | shall be posted as soon as practicable after the purchasing |
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1 | agency elects to make an award in accordance with section |
2 | 512(g). |
3 | (4) The written determination required by section 513(g) |
4 | shall be posted upon receipt of the final negotiated contract |
5 | signed by the selected offeror. Subject to proper redaction |
6 | under the Right-to-Know Law, responsive proposals received by |
7 | the purchasing agency and until fully executed, the final |
8 | negotiated contract, are not required to be posted but shall |
9 | be made available to the public upon request. |
10 | (5) Requests to award a contract pursuant to section |
11 | 515(a)(1), (2), (4) and (10) (relating to sole source |
12 | procurement) shall be posted for seven calendar days for |
13 | public comment prior to approval of the request by the |
14 | department or independent purchasing agency. Upon approval of |
15 | a request by the department or independent purchasing agency, |
16 | the signed and written determination required under section |
17 | 515(b) shall be posted. |
18 | (6) The written determinations required by section 516 |
19 | (relating to emergency procurement) shall be posted in |
20 | advance, if feasible, but no later than seven calendar days |
21 | after authorization by the department or independent |
22 | purchasing agency. |
23 | (7) All contracts resulting from a procurement under |
24 | this part shall be posted as soon as practicable upon their |
25 | full execution by the Commonwealth. |
26 | (8) Requests pursuant to section 515 or 516 to extend a |
27 | contract for which no further options, renewals or extensions |
28 | are available in the contract shall be posted for seven |
29 | calendar days for public comment prior to approval of the |
30 | request by the department or independent purchasing agency. |
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1 | Upon approval of a request by the department or an |
2 | independent purchasing agency, the signed and written |
3 | determination required under section 515(b) or 516 shall be |
4 | posted. |
5 | (c) Access and retention.--Procurement documents specified |
6 | under subsection (b) must be accessible on the Internet website |
7 | for a minimum of 30 days from posting and further retained in |
8 | accordance with section 563 (relating to retention of |
9 | procurement records) and applicable agency record retention |
10 | policies. |
11 | Section 2. Sections 513(e), 515 and 516 of Title 62 are |
12 | amended to read: |
13 | § 513. Competitive sealed proposals. |
14 | * * * |
15 | (e) Evaluation.--The relative importance of the evaluation |
16 | factors shall be fixed prior to opening the proposals. A |
17 | Commonwealth agency is required to invite its comptroller to |
18 | participate in the evaluation as a nonvoting member of any |
19 | evaluation committee. No individual who has been employed by an |
20 | offeror within the last two years may participate in the |
21 | evaluation of proposals. |
22 | * * * |
23 | § 515. Sole source procurement. |
24 | (a) General rule.--A contract may be awarded for a supply, |
25 | service or construction item without competition if the |
26 | contracting officer first determines in writing that one of the |
27 | following conditions exists: |
28 | (1) Only a single contractor is capable of providing the |
29 | supply, service or construction. |
30 | (2) A Federal or State statute or Federal regulation |
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1 | exempts the supply, service or construction from the |
2 | competitive procedure. |
3 | (3) The total cost of the supply, service or |
4 | construction is less than the amount established by the |
5 | department for small, no-bid procurements under section 514 |
6 | (relating to small procurements). |
7 | (4) It is clearly not feasible to award the contract for |
8 | supplies or services on a competitive basis. |
9 | (5) The services are to be provided by attorneys or |
10 | litigation consultants selected by the Office of General |
11 | Counsel, the Office of Attorney General, the Department of |
12 | the Auditor General or the Treasury Department. |
13 | (6) The services are to be provided by expert witnesses. |
14 | (7) The services involve the repair, modification or |
15 | calibration of equipment and they are to be performed by the |
16 | manufacturer of the equipment or by the manufacturer's |
17 | authorized dealer, provided the contracting officer |
18 | determines that bidding is not appropriate under the |
19 | circumstances. |
20 | (8) The contract is for investment advisors or managers |
21 | selected by the Public School Employees' Retirement System, |
22 | the State Employees' Retirement System or a State-affiliated |
23 | entity. |
24 | (9) The contract is for financial or investment experts |
25 | to be used and selected by the Treasury Department or |
26 | financial or investment experts selected by the Secretary of |
27 | the Budget. |
28 | (10) The contract for supplies or services is in the |
29 | best interest of the Commonwealth. |
30 | (b) Posting of determination on Internet.--For procurements | <-- |
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1 | made under subsection (a)(1), (2), (4) and (10), a |
2 | determination to support the finding that the condition exists |
3 | shall be posted on the purchasing agency's publicly accessible |
4 | Internet website for seven calendar days for public comment |
5 | prior to Commonwealth execution of the contract. |
6 | (c) (b) Written determination.--The written determination | <-- |
7 | authorizing sole source procurement shall be included in the |
8 | contract file. For procurements over $250,000 $100,000 made | <-- |
9 | under subsection (a)(10), the determination shall be signed by |
10 | the head of the purchasing agency. |
11 | (d) (c) Approval required by board of commissioners of | <-- |
12 | public grounds and buildings.-- With the exception of small |
13 | procurements under section 514 and emergency procurements under |
14 | section 516 (relating to emergency procurement), if the sole |
15 | source procurement is for a supply, except for computer software |
16 | updates under $50,000, for which the department acts as |
17 | purchasing agency, it must be approved by the Board of |
18 | Commissioners of Public Grounds and Buildings prior to the award |
19 | of a contract. |
20 | § 516. Emergency procurement. |
21 | The head of a purchasing agency may make or authorize others |
22 | to make an emergency procurement when there exists a threat to |
23 | public health, welfare or safety or circumstances outside the |
24 | control of the agency create an urgency of need which does not |
25 | permit the delay involved in using more formal competitive |
26 | methods. Whenever practical, in the case of a procurement of a |
27 | supply, at least two [bids] quotes shall be solicited. A written |
28 | determination of the basis for the emergency and for the |
29 | selection of the particular contractor shall be included in the |
30 | [contract file.] procurement file and shall be posted on the | <-- |
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1 | purchasing agency's publicly accessible Internet website within |
2 | seven calendar days after the emergency procurement is |
3 | authorized and shall remain on the website for a minimum of 30 |
4 | days. No written contract shall be required. The supplier of the |
5 | supply, service or construction may be paid based on the |
6 | emergency approval and approved invoice. |
7 | Section 3. Title 62 is amended by adding SectionS to read: | <-- |
8 | § 2109. Small business reserve program. |
9 | (a) Establishment.--The department shall establish a small |
10 | business reserve program for the purpose of increasing economic |
11 | opportunities for small and disadvantaged businesses, including |
12 | veteran-owned small businesses, and affording such small and |
13 | disadvantaged businesses the opportunity to bid on State |
14 | government contracts without competing with larger businesses. |
15 | All procurement by the department shall be eligible for |
16 | designation for the small business reserve program, and shall be |
17 | published in the same manner as required for a request for |
18 | proposal or an invitation for bid. |
19 | (b) Reserve account.--Notwithstanding any other provision of |
20 | this title to the contrary, the department shall structure its |
21 | procurement procedures to reserve up to 5% of the total dollar |
22 | value of its procurement contracts, including public works, |
23 | construction and professional services and designed professional |
24 | services contracts, to be made directly to qualified small and |
25 | disadvantaged businesses, including veteran-owned small |
26 | businesses. However, the total dollar value of procurements by |
27 | the department shall not include the value of any contract to |
28 | which this subsection would not apply because of a conflict with |
29 | Federal law. |
30 | (c) Eligibility.--To participate in the small business |
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1 | reserve program, a small and disadvantaged business, including a |
2 | veteran-owned small business, that has been certified by the |
3 | department or self-certified, as the case may be, to participate |
4 | in Commonwealth procurement activities must meet the following |
5 | eligibility requirements: |
6 | (1) The business must be an independently owned, for- |
7 | profit, United States business. |
8 | (2) The business must not be dominant in its field of |
9 | operation. |
10 | (3) The business may not employ more than 100 employees. |
11 | (4) If the business has operated for three or more |
12 | years, it, by type or classification, may not exceed the |
13 | following three-year average gross sales: |
14 | (i) Twenty million dollars for contracts to provide |
15 | goods. |
16 | (ii) Twenty million dollars for procurement |
17 | services. |
18 | (iii) Twenty million dollars for construction or |
19 | public works contracts. |
20 | (iv) Seven million dollars for building design |
21 | contracts and other designed professional services or |
22 | professional services contracts. |
23 | (v) Twenty-five million dollars for information |
24 | technology contracts and other such contracts for the |
25 | procurement of technology goods or services. |
26 | (vi) If the business has been in operation for less |
27 | than three years, the average gross sales shall be |
28 | computed for the period of time during which the business |
29 | has been fully operational. |
30 | (vii) If the business is a newly created small and |
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1 | disadvantaged business or a veteran-owned small business, |
2 | average gross sales shall be based on projected gross |
3 | sales. |
4 | (d) Limit.--Notwithstanding the provisions of subsection |
5 | (c), for a small and disadvantaged business or a veteran-owned |
6 | small business to operate in more than one general business |
7 | classification, its combined operations must not exceed the |
8 | lowest three-year average gross sales for the business types |
9 | selected. |
10 | (e) Awards.--The department shall award a procurement |
11 | contract designated for the small business reserve program to |
12 | the small and disadvantaged business or veteran-owned small |
13 | business that submits a bid or proposal that meets one of the |
14 | following requirements: |
15 | (1) Is the lowest bid price. |
16 | (2) Is the lowest evaluated bid price, if the invitation |
17 | for bid or request for proposal so provides. |
18 | (3) Is in the best interest of the Commonwealth. |
19 | (f) Commonwealth agencies.-- |
20 | (1) A Commonwealth agency may collaborate with the |
21 | department to structure its procurement procedures to provide |
22 | for a small business reserve program which shall be subject |
23 | to the requirements of this act. |
24 | (2) Upon request, the department shall assist the |
25 | purchasing unit of a Commonwealth agency with the development |
26 | and implementation of a small business reserve program. |
27 | (g) Construction and application.-- |
28 | (1) This section shall not be construed to preclude any |
29 | small and disadvantaged business or veteran-owned small |
30 | business from competing for any other contract that is not |
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1 | specifically designated for the small business reserve |
2 | program. |
3 | (2) This section shall apply to any eligible "small |
4 | business" and "disadvantaged business" as those terms are |
5 | defined under section 2102 (relating to definitions) and |
6 | shall include any eligible veteran-owned small business and |
7 | service-disabled veteran-owned small business under this |
8 | chapter. Any reference to veteran-owned small business in |
9 | this section shall be interpreted to include any service- |
10 | disabled veteran-owned small business. |
11 | (h) Regulations.--The department shall adopt and promulgate |
12 | regulations to carry out the requirements of this section. The |
13 | regulations shall: |
14 | (1) Establish a comprehensive bidder's list of eligible |
15 | small and disadvantaged businesses and veteran-owned small |
16 | businesses. |
17 | (2) Provide procedures for updating and maintaining the |
18 | list in paragraph (1). |
19 | (3) Provide procedures for small and disadvantaged |
20 | businesses and veteran-owned businesses to register with the |
21 | department and self-certify as a small business. |
22 | (4) Establish criteria to ensure that Pennsylvania-based |
23 | small and disadvantaged businesses and veteran-owned small |
24 | businesses are given priority for program participation, |
25 | whenever feasible. |
26 | (5) Include any other information the department |
27 | determines necessary and appropriate to carry out the |
28 | requirements of this section. |
29 | (i) Reporting requirements.-- |
30 | (1) On or before December 31, 2014, and on or before |
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1 | each December 31 thereafter, the department shall submit a |
2 | report to the Chief Clerk of the Senate and the Chief Clerk |
3 | of the House of Representatives on the operation and |
4 | effectiveness of the small business reserve program. The |
5 | report shall include the following: |
6 | (i) The total number and dollar value of payments |
7 | the department and other Commonwealth agencies made to |
8 | small and disadvantaged businesses and veteran-owned |
9 | small businesses pursuant to designated small business |
10 | reserve contracts. |
11 | (ii) The total number and dollar value of payments |
12 | the department made to small and disadvantaged businesses |
13 | and veteran-owned small businesses that were not |
14 | designated as small business reserve contracts. |
15 | (iii) The total dollar value of payments made by the |
16 | department under procurement contracts. |
17 | (iv) Information on any Commonwealth agency that |
18 | implemented a small business reserve program, including |
19 | information required under subparagraphs (i), (ii) and |
20 | (iii). |
21 | (v) Any other information or recommendation the |
22 | department determines necessary. |
23 | (2) Nothing in this section shall be construed to |
24 | prevent the department from consolidating the reports |
25 | required under section 2107 (relating to report to General |
26 | Assembly) with the report required under this section or to |
27 | prevent the department from transmitting such reports by |
28 | electronic mail. |
29 | (j) Definitions.--For the purposes of this section, the term |
30 | "Commonwealth agency," shall have the meaning given to it in |
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1 | section 103 (relating to definitions) and shall include any |
2 | other agency for which the department acts as the purchasing |
3 | agency. |
4 | § 2110. Oversight and responsibility. |
5 | (a) Identification of best practices.-- |
6 | (1) The department shall identify and adopt best |
7 | practices for use by Commonwealth agencies to determine the |
8 | most effective means for promoting, increasing and sustaining |
9 | procurement opportunities for disadvantaged businesses. |
10 | (2) The department and each Commonwealth agency awarding |
11 | contracts in accordance with the applicable provisions of |
12 | this title, including construction, public works, designed |
13 | professional services and professional services contracts, |
14 | shall adopt the best practices identified by the department |
15 | in accordance with paragraph (1) in order to increase |
16 | oversight, transparency and accountability in contracting and |
17 | subcontracting and promote, increase and sustain procurement |
18 | opportunities for disadvantaged businesses. The best |
19 | practices shall include, but not be limited to, the |
20 | following: |
21 | (i) Uniform templates, including templates for |
22 | procurement planning, submitting proposals and bids, |
23 | contracting and contract management, including standard |
24 | forms, reports and other knowledge-based tools. |
25 | (ii) (A) Verifiable goals for participation by |
26 | disadvantaged businesses of not less than 5% of the |
27 | total dollar value of State contracts entered into by |
28 | each Commonwealth agency during the calendar year, |
29 | including construction, public works, designed |
30 | professional services, professional services |
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1 | contracts and sole source contracts. In the case of |
2 | construction contracts, the participation goal shall |
3 | apply to a local agency or other public or private |
4 | entity that receives a Commonwealth appropriation or |
5 | grant funds for the performance of a construction or |
6 | reconstruction project, including a construction or |
7 | reconstruction project performed by a private entity |
8 | on a facility to be leased or purchased by the |
9 | Commonwealth. Existing contracts with an optional |
10 | renewal clause that did not include the disadvantaged |
11 | business participation goal established under this |
12 | subparagraph shall be subject to the participation |
13 | goal and other disadvantaged business review and |
14 | inclusion requirements prior to renewal of the |
15 | contract by the department or a Commonwealth agency. |
16 | (B) The department or a Commonwealth agency may |
17 | attain participation goals by, where appropriate, |
18 | directly designating prime contracts for |
19 | disadvantaged businesses or by requiring that a |
20 | portion of a prime contract, which is not directly |
21 | designated for disadvantaged businesses, be |
22 | subcontracted to disadvantaged businesses. |
23 | (C) The department and each Commonwealth agency |
24 | shall make a good faith effort to attain the goals |
25 | established in this paragraph. |
26 | (b) Duties of department.--The department shall: |
27 | (1) Ensure that disadvantaged business participation is |
28 | a component of its and each Commonwealth agency's strategic |
29 | procurement priorities through the identification of |
30 | measurable goals and objectives. |
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1 | (2) Develop a best practices manual for use by |
2 | Commonwealth agencies. The manual shall provide procedures |
3 | for the uniform implementation of procurement policies, best |
4 | practices and participation goals for disadvantaged |
5 | businesses. |
6 | (3) Establish and require a comprehensive quarterly and |
7 | annual reporting process for Commonwealth agencies. Such |
8 | reports shall include data on contract award amounts and |
9 | actual spending for contractors, subcontractors, vendors, |
10 | suppliers and professional services contractors, including |
11 | consultant services. |
12 | (4) Designate a single point of contact to implement, |
13 | monitor and report work force utilization and contractor |
14 | participation in disadvantaged business programs. |
15 | (5) Create a coordinated cross-agency, integrated |
16 | disadvantaged business support system. The support system |
17 | shall be designed to provide training in the areas of |
18 | information management, business management, technical |
19 | assistance and other such developmental assistance to |
20 | disadvantaged businesses. |
21 | (6) Identify and adopt uniform monitoring, enforcement, |
22 | tracking and reporting procedures, guidelines or policy |
23 | statements. |
24 | (7) Expand its ability to quantify and measure the |
25 | effectiveness of Commonwealth procurement programs. |
26 | (8) Use the department's e-marketplace system to provide |
27 | public notice of contracting, subcontracting and grant |
28 | opportunities. |
29 | (9) Continue to connect disadvantaged businesses to |
30 | other entities, such as the Small Business Development |
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1 | Centers, Minority Business Enterprise Centers and |
2 | Professional Technical Assistance Centers for developmental |
3 | assistance. |
4 | (10) Identify and adopt guidelines that will ensure |
5 | accountability and transparency in the procurement process. |
6 | The guidelines shall include, but not be limited to, |
7 | documentation requirements to be used throughout the |
8 | procurement process, reporting and disclosure requirements, |
9 | treatment of confidential information and procedures for |
10 | reporting and resolving complaints. |
11 | (11) Identify and adopt best practices to ensure that |
12 | the procurement process is properly structured and managed to |
13 | ensure probity and provide fairness and equal treatment for |
14 | all contractors, including disadvantaged businesses. |
15 | (12) Adopt, implement and adhere to all contract |
16 | compliance requirements, policy statements, guidelines, |
17 | regulations and applicable laws pertaining to procurement by |
18 | disadvantaged businesses. |
19 | (c) Monitoring, enforcement and sanctions.--The following |
20 | shall apply: |
21 | (1) The department shall administer this section and |
22 | shall adopt and implement best practice guidelines to monitor |
23 | and enforce the provisions of this section as they relate to |
24 | the Commonwealth's disadvantaged business program. |
25 | (2) Each Commonwealth agency shall provide mandatory |
26 | quarterly and annual reports on the utilization of |
27 | disadvantaged businesses on procurement contracts and |
28 | subcontracts. An evaluation of a prime contractor's |
29 | performance on contracts shall include a review of good faith |
30 | efforts in the oversight of disadvantaged business |
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1 | procurement, timely payment, as provided under Subchapter D |
2 | of Chapter 39 (relating to prompt payment schedules), and |
3 | continued commitment to the utilization of disadvantaged |
4 | subcontractors. |
5 | (3) Sanctions for failure to demonstrate good faith |
6 | efforts in the oversight, timely payment and commitment to |
7 | disadvantaged businesses and subcontractors shall include |
8 | withholding of payments to the prime contractor and |
9 | suspension or debarment from participation in Commonwealth |
10 | procurement for no less than 12 months or more than 36 |
11 | months. The department and any other Commonwealth agency may |
12 | also institute any appropriate and necessary administrative, |
13 | legal, judicial or other proceedings after inquiry, review or |
14 | investigation if it finds that any person, contractor or |
15 | grantee has failed to comply with or has violated any |
16 | requirement or action set forth in this title or regulations |
17 | promulgated under this title. |
18 | (d) Construction.--Nothing in this section shall be |
19 | construed to authorize the department or a Commonwealth agency |
20 | to discriminate in the awarding of any contract or subcontract |
21 | or to authorize a contractor or any other person or entity to |
22 | discriminate in the solicitation or acceptance of bids or offers |
23 | for contracting or subcontracting in any procurement authorized |
24 | under this title. |
25 | Section 4. Title 62 is amended by adding a chapter to read: |
26 | CHAPTER 22 |
27 | VETERAN-OWNED SMALL BUSINESSES |
28 | Sec. |
29 | 2201. Definitions. |
30 | 2202. Regulations. |
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1 | 2203. Veteran-owned small business participation goals. |
2 | 2204. Duties of department. |
3 | 2205. Bonding and progress payments. |
4 | 2206. (Reserved). |
5 | 2207. Reports. |
6 | 2208. Compliance with Federal requirements. |
7 | § 2201. Definitions. |
8 | Subject to section 2202 (relating to regulations), the |
9 | following words and phrases when used in this chapter shall have |
10 | the meanings given to them in this section unless the context |
11 | clearly indicates otherwise: |
12 | "Service disabled." A veteran who possesses either a |
13 | disability rating letter issued by the United States Department |
14 | of Veterans Affairs or a disability determination from the |
15 | United States Department of Defense. |
16 | "Service-disabled veteran-owned small business." A small |
17 | business owned and controlled by a service-disabled veteran or |
18 | veterans or, if approved by the Department of General Services, |
19 | a surviving spouse or permanent caregiver of a service-disabled |
20 | veteran. |
21 | "Small business." A business that does not exceed the |
22 | limitation on revenue or number of employees established by the |
23 | Department of General Services for designation as a small |
24 | business. |
25 | "Veteran." A person who served on active duty in the United |
26 | States Armed Forces, including any of the following: |
27 | (1) A reservist or member of the National Guard who was |
28 | discharged or released from the service under honorable |
29 | conditions. |
30 | (2) A reservist or member of the National Guard who |
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1 | completed an initial term of enlistment or qualifying period |
2 | of service. |
3 | (3) A reservist or member of the National Guard who was |
4 | disabled in the line of duty during training. |
5 | "Veteran-owned small business." A small business owned and |
6 | controlled by a veteran or veterans. |
7 | § 2202. Regulations. |
8 | The department shall establish policy in accordance with this |
9 | chapter for executive agencies and independent agencies and may |
10 | promulgate regulations establishing detailed definitions of the |
11 | words and phrases defined in section 2201 (relating to |
12 | definitions) using, in addition to the criteria set forth in |
13 | section 2201, other criteria as it deems appropriate, including |
14 | the number of employees and the dollar volume of business. |
15 | State-affiliated entities shall implement the policy for their |
16 | procurement programs. |
17 | § 2203. Veteran-owned small business participation goals. |
18 | Each purchasing agency shall have an annual goal of not less |
19 | than 5% participation by veteran-owned small businesses in all |
20 | contracts entered into by the purchasing agency. The |
21 | participation goal shall apply to the overall dollar amount |
22 | expended by the purchasing agency with respect to the contracts. |
23 | § 2204. Duties of department. |
24 | The department shall have the following duties: |
25 | (1) Where feasible, provide appropriate staff who shall |
26 | be responsible to the department and who shall serve within |
27 | designated Commonwealth agencies to assist veteran-owned |
28 | small businesses and service-disabled veteran-owned small |
29 | businesses in this Commonwealth in learning how to do |
30 | business with Commonwealth agencies. |
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1 | (2) Give special publicity to procurement procedures and |
2 | issue special publications designed to assist veteran-owned |
3 | small businesses and service-disabled veteran-owned small |
4 | businesses in learning how to do business with Commonwealth |
5 | agencies. |
6 | (3) Compile, maintain and make available source lists of |
7 | veteran-owned small businesses and service-disabled |
8 | veteran-owned small businesses for the purpose of encouraging |
9 | procurement from veteran-owned small businesses. |
10 | (4) Include veteran-owned small businesses and |
11 | service-disabled veteran-owned small businesses on |
12 | solicitation mailing lists. |
13 | (5) Assure that veteran-owned small businesses and |
14 | service-disabled veteran-owned small businesses are solicited |
15 | on each procurement for which the businesses may be suited. |
16 | (6) Develop special training programs to assist veteran- |
17 | owned small businesses and service-disabled veteran-owned |
18 | small businesses in learning how to do business with |
19 | Commonwealth agencies. |
20 | (7) Assure that participation by veteran-owned small |
21 | businesses and service-disabled veteran-owned small |
22 | businesses is appropriately factored into the evaluation of |
23 | proposals for supplies, services or construction when a |
24 | purchasing agency uses the competitive sealed proposals |
25 | method under section 513 (relating to competitive sealed |
26 | proposals). |
27 | (8) Certify businesses that have been identified as |
28 | veteran-owned small businesses and service-disabled |
29 | veteran-owned small businesses. |
30 | § 2205. Bonding and progress payments. |
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1 | (a) Bonding.--Notwithstanding other provisions of this part: |
2 | (1) Except as provided in paragraph (2), a purchasing |
3 | agency may reduce the level or change the types of bonding |
4 | normally required or accept alternative forms of security to |
5 | the extent reasonably necessary to encourage procurement from |
6 | veteran-owned small businesses and service-disabled |
7 | veteran-owned small businesses. |
8 | (2) For contracts under $50,000, veteran-owned small |
9 | businesses and service-disabled veteran-owned small |
10 | businesses shall be exempt from any bonding requirements. |
11 | (b) Progress payments.--A purchasing agency may make special |
12 | provisions for progress payments as it deems reasonably |
13 | necessary to encourage procurement from veteran-owned small |
14 | businesses and service-disabled veteran-owned small businesses. |
15 | § 2206. (Reserved). |
16 | § 2207. Reports. |
17 | (a) Report to Department of General Services.--By August 15, |
18 | 2013, and each August 15 thereafter, each executive and |
19 | independent agency shall submit an annual report for the period |
20 | of July 1 to June 30 to the Department of General Services on |
21 | actual utilization of veteran-owned small businesses and |
22 | service-disabled veteran-owned small businesses as contractors, |
23 | subcontractors, suppliers and professional service providers. |
24 | (b) Report to standing committees.--The department and each |
25 | State-affiliated entity shall annually, before October 1, report |
26 | in writing to the Veterans Affairs and Emergency Preparedness |
27 | Committee of the Senate and the Veterans Affairs and Emergency |
28 | Preparedness Committee of the House of Representatives |
29 | concerning total contract dollars awarded to veteran-owned small |
30 | businesses and service-disabled veteran-owned small businesses |
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1 | by the purchasing agency during the preceding fiscal year. The |
2 | report shall include a list of all veteran-owned small |
3 | businesses and service-disabled veteran-owned small businesses |
4 | that participated as contractors, subcontractors or suppliers |
5 | during the preceding fiscal year. The department and State- |
6 | affiliated entity initial reports shall be submitted to the |
7 | standing committees under this section on or before October 1, |
8 | 2012, or on or before October 1 at least 12 months after the |
9 | effective date of this section, whichever is later. |
10 | § 2208. Compliance with Federal requirements. |
11 | If a procurement involves the expenditure of Federal |
12 | assistance or contract funds, the purchasing agency shall comply |
13 | with Federal law and authorized regulations that are mandatorily |
14 | applicable and that are not presently reflected in this part. |
15 | Section 2 3 5. This act shall take effect in 60 days. | <-- |
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