PRINTER'S NO. 34
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
57
Session of
2021
INTRODUCED BY MARTIN, AUMENT, DiSANTO, PHILLIPS-HILL AND
STEFANO, JANUARY 20, 2021
REFERRED TO LABOR AND INDUSTRY, JANUARY 20, 2021
AN ACT
Providing for open contracting by the Commonwealth and its
political subdivisions and their agencies and authorities.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Open
Contracting Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Public body." The Commonwealth or any of its political
subdivisions, or an agency or authority of either.
"Public works." Construction, reconstruction, demolition,
alteration or repair work, other than routine maintenance work,
contracted for by a public body.
"Successful bidder." A person, partnership or corporation
that has the capability in all respects to fully perform the
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contract requirements and who has the integrity and reliability
which will assure good faith performance.
Section 3. Prohibited practices.
Contract specifications issued by public bodies soliciting
bids on public works projects may not include any of the
following:
(1) A requirement that a successful bidder or any of its
subcontractors utilize workers:
(i) represented by a designated labor organization;
or
(ii) referred by a designated labor organization.
(2) A requirement that a successful bidder's existing
workforce or any of its subcontractors' workforces affiliate
with or pay dues to a labor organization.
(3) A requirement that a successful bidder or any of its
subcontractors recognize a labor organization as the
exclusive representative of any of its employees on the
public works project.
Section 4. Discrimination prohibited.
No public body shall consider or use as a criterion in its
selection process the union or nonunion status of a successful
bidder's workforce.
Section 5. Enforcement.
(a) General rule.--A party who is aggrieved by an act
committed by a public body in violation of section 3 or 4 may
file an action in a court of competent jurisdiction to enjoin
the act.
(b) Damages and attorney fees.--A court of competent
jurisdiction may award damages and reasonable attorney fees to
an aggrieved party that is successful in an action filed under
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subsection (a).
Section 6. Effective date.
This act shall take effect in 60 days.
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