PRINTER'S NO. 2428
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1917
Session of
2023
INTRODUCED BY DAVANZO, LEADBETER, R. MACKENZIE, JAMES, M. JONES,
MARCELL, KAUFFMAN, JOZWIAK, GILLEN, HAMM, STRUZZI AND ROWE,
DECEMBER 12, 2023
REFERRED TO COMMITTEE ON STATE GOVERNMENT, DECEMBER 12, 2023
AN ACT
Amending Title 62 (Procurement) of the Pennsylvania Consolidated
Statutes, in general provisions relating to Commonwealth
Procurement Code, further providing for definitions and
providing for prioritization of American-made supplies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 103 of Title 62 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 103. Definitions.
Subject to additional definitions contained in subsequent
provisions of this part which are applicable to specific
provisions of this part, the following words and phrases when
used in this part shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
"American-made." Produced, manufactured, mined, grown or
performed in the United States. For the purpose of this
definition, produced or manufactured shall mean assembled in a
location within the United States.
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Section 2. Title 62 is amended by adding a section to read:
§ 109. Prioritization of American-made supplies.
(a) Prioritization.--The department shall prioritize the
procurement of American-made supplies and incorporate the
prioritization into the department's procurement policies,
procedures and specifications.
(b) Determinations.--If the Secretary of General Services
determines that a particular supply is not American-made, or is
American-made but not available in sufficient quantities to meet
the needs of a Commonwealth agency for which the department acts
as purchasing agency, the Secretary of General Services shall
transmit notice of the determination to the Legislative
Reference Bureau for publication in the next available issue of
the Pennsylvania Bulletin.
(c) Objections.--Beginning on the date of publication of the
notice under subsection (b) and until 30 days thereafter, a
person or business may file an objection to the determination in
a form and manner determined by the department. A person or
business shall include evidence of the particular supply being
American-made or evidence of the particular supply being
American-made and available in sufficient quantities. An
objection under this subsection shall be considered an appeal
under 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial review of
Commonwealth agency action).
(d) Applicability.--If, after the adjudication of the
objection under subsection (c), the determination under
subsection (b) is affirmed, the prioritization requirements
under subsection (a) shall not apply for the particular supply.
Section 3. This act shall take effect in 60 days.
20230HB1917PN2428 - 2 -
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