PRINTER'S NO. 1401
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1063
Session of
2015
INTRODUCED BY TEPLITZ, COSTA, SCHWANK AND WILLIAMS,
NOVEMBER 13, 2015
REFERRED TO STATE GOVERNMENT, NOVEMBER 13, 2015
AN ACT
Amending Title 62 (Procurement) of the Pennsylvania Consolidated
Statutes, in source selection and contract formation, further
providing for debarment or suspension.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 531(b) of Title 62 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 531. Debarment or suspension.
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(b) Causes for debarment or suspension.--The causes for
debarment or suspension include:
(1) Commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false
statements or receiving stolen property.
(2) Commission of fraud or a criminal offense or other
improper conduct or knowledge of, approval of or acquiescence
in such activities by a person associated with:
(i) obtaining;
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(ii) attempting to obtain; or
(iii) performing a public or private contract or
subcontract.
The person's acceptance of the benefits derived from the
conduct shall be deemed evidence of such knowledge, approval
or acquiescence.
(3) Violation of Federal or State antitrust statutes.
(4) Violation of any Federal or State law regulating
campaign contributions.
(5) Violations of any Federal or State environmental
law.
(6) Violation of any Federal or State law regulating
hours of labor, minimum wage standards or prevailing wage
standards; discrimination in wages; or child labor
violations.
(7) Violation of the act of June 2, 1915 (P.L.736,
No.338), known as the Workers' Compensation Act.
(8) Violation of any Federal or State law prohibiting
discrimination in employment.
(9) Debarment of a person or an individual substantially
involved in the person's contracting activities, including an
officer, partner, controlling stockholder or principal, by
any agency or department of the Federal Government or by any
other state.
(10) Three or more occurrences where a person has been
declared ineligible for a contract.
(11) Unsatisfactory performance, including, but not
limited to, any of the following:
(i) Failure to comply with terms of a Commonwealth
agency contract or subcontract, including, but not
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limited to: willful failure to perform in accordance with
the terms of one or more contracts, a history of failure
to perform or unsatisfactory performance of one or more
contracts.
(ii) Offering unbalanced bids.
(iii) Failure to complete the work in the time frame
specified in the contract.
(iv) Being declared in default on prior work or
project.
(v) Failure to submit documents, information or
forms as required by contract.
(v.1) Deliberate failure, without good cause, to
perform in accordance with the specifications provided in
a contract.
(v.2) Within the preceding five years, failure to
perform or unsatisfactory performance of one or more
contracts, unless the failure to perform or
unsatisfactory performance was due to acts beyond the
control of the person.
(vi) Making false statements or failing to provide
information or otherwise to cooperate with the
contracting agency, the Office of State Inspector General
or other Commonwealth authorities.
(vii) Discrimination in violation of laws or
regulations in the conduct of business as a contractor.
(11.1) Operating in a manner designed to evade the
provisions of this title.
(11.2) The person is a successor, assignee, subsidiary
or affiliate of a person debarred or suspended under this
section.
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(11.3) If a person is a bidder or offeror, or an
officer, employee, representative, agent or consultant of a
bidder or offeror, knowingly:
(i) making an offer or promise of future employment
or business opportunity to, or engaging in any discussion
of future employment or business opportunity with, any
official of the purchasing agency;
(ii) offering, giving or promising to offer or give
any money, gratuity or other item of value to an official
of the purchasing agency; or
(iii) soliciting or obtaining from an officer or
employee of a purchasing agency conducting the
procurement, before the award of a contract, any
proprietary or source selection information regarding the
procurement.
(12) Any other act or omission indicating a lack of
skill, ability, capacity, quality control, business integrity
or business honesty that seriously and directly affects the
present responsibility of a person as determined by the
purchasing agency.
* * *
Section 2. This act shall take effect in 60 days.
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