PRINTER'S NO. 4165
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2714
Session of
2020
INTRODUCED BY BURNS, MILLARD, SCHLOSSBERG, D. MILLER, PASHINSKI,
ROZZI, DELLOSO, READSHAW, ZIMMERMAN, CIRESI, MALAGARI,
DERMODY, NEILSON, KORTZ, ORTITAY, BURGOS, MARSHALL, O'NEAL,
T. DAVIS AND DeLUCA, JULY 30, 2020
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JULY 30, 2020
AN ACT
Amending Title 62 (Procurement) of the Pennsylvania Consolidated
Statutes, in general provisions relating to general
procurement provisions, providing for preference for bid or
proposal.
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:
ยง 3103. Preference for bid or proposal.
(a) Authorization.--Notwithstanding any other law, in the
case of competitive sealed bidding or competitive sealed
proposals based on price factors, a government agency or school
entity authorized to enter a contract for procurement shall:
(1) subtract 2% from the bid or proposal of a person
submitting the bid or proposal if the procurement that is the
subject of the bid or proposal involves American-made
supplies, services or construction; and
(2) award the contract on the basis of the revised bid
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
or proposal.
(b) Documentation.--A government agency or school entity
shall require documentation to confirm that a person qualifies
for the 2% preference described under subsection (a).
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"American-made supplies, services or construction."
Supplies, services or construction of which at least 75% of the
costs for the materials, equipment, products or processes
involved with the supplies, services or construction, are
derived from the United States.
"Contract." A written agreement, regardless of what it may
be called, for the procurement or disposal of supplies, services
or construction.
"Person." An individual, organization, sole proprietorship,
association, corporation, partnership, joint venture, limited
partnership, limited liability partnership, limited liability
company or other entity or business association that is capable
of submitting a bid or proposal to a government agency.
"Procurement." As follows:
(1) Buying, purchasing, renting, leasing, licensing or
otherwise acquiring supplies, services or construction.
(2) The term includes all functions that pertain to the
obtaining of any supply, service or construction, including
description of requirements, selection and solicitation of
sources, preparation and award of contract and all phases of
contract administration.
"School entity." Any of the following:
(1) A school district of any class.
20200HB2714PN4165 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) A public school or private school.
(3) A nonpublic school wherein a resident of this
Commonwealth may legally fulfill the compulsory school
attendance requirements under the act of March 10, 1949
(P.L.30, No.14), known as the Public School Code of 1949, and
that meets the requirements of Title VI of the Civil Rights
Act of 1964 (Public Law 88-352, 78 Stat. 241).
(4) An intermediate unit.
(5) A joint school.
(6) An area career and technical school, as described in
section 1841 of the Public School Code of 1949.
(7) A charter school, cyber charter school or regional
charter school, as those terms are defined in section 1703-A
of the Public School Code of 1949.
(8) A State-related institution.
"United States." The United States of America, including all
territory, continental or insular, subject to the jurisdiction
of the United States.
Section 2. This act shall take effect in 60 days.
20200HB2714PN4165 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19