PRINTER'S NO. 2073
No. 1638 Session of 2003
INTRODUCED BY ARMSTRONG, CLYMER, CRAHALLA, CRUZ, DAILEY, EGOLF,
FABRIZIO, GINGRICH, HORSEY, LEDERER, R. MILLER, O'NEILL,
REICHLEY, SATHER, SCAVELLO, TIGUE AND YOUNGBLOOD,
JUNE 17, 2003
REFERRED TO COMMITTEE ON COMMERCE, JUNE 17, 2003
AN ACT
1 Amending Title 62 (Procurement) of the Pennsylvania Consolidated
2 Statutes, further providing for policy relating to small and
3 disadvantaged businesses; defining "socially and economically
4 restricted business"; and further providing for duties of
5 department, for bonding and program payments and for report
6 to General Assembly relating to small and disadvantaged
7 businesses.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 2101 of Title 62 of the Pennsylvania
11 Consolidated Statutes is amended to read:
12 § 2101. Policy.
13 The policy of this Commonwealth is to assist small, socially
14 and economically restricted and disadvantaged businesses in
15 learning how to do business with Commonwealth agencies. The
16 department shall implement this policy in accordance with
17 regulations promulgated by the department.
18 Section 2. Section 2102 of Title 62 is amended by adding a
19 definition to read:
1 § 2102. Definitions.
2 Subject to section 2103 (relating to regulations), the
3 following words and phrases when used in this chapter shall have
4 the meanings given to them in this section unless the context
5 clearly indicates otherwise:
6 * * *
7 "Socially and economically restricted business." A small
8 business with less than $18,000,000 in gross annual revenues,
9 whose economic growth and development has been restricted based
10 on social and economic bias.
11 Section 3. Sections 2104, 2105 and 2107 of Title 62 are
12 amended to read:
13 § 2104. Duties of department.
14 The department shall have the following duties:
15 (1) Where feasible, provide appropriate staff who shall
16 be responsible to the department and who shall serve within
17 designated Commonwealth agencies to assist small, socially
18 and economically restricted and disadvantaged businesses in
19 this Commonwealth in learning how to do business with
20 Commonwealth agencies.
21 (2) Give special publicity to procurement procedures and
22 issue special publications designed to assist small, socially
23 and economically restricted and disadvantaged businesses in
24 learning how to do business with Commonwealth agencies.
25 (3) Compile, maintain and make available source lists of
26 small, socially and economically restricted and disadvantaged
27 businesses for the purpose of encouraging procurement from
28 small, socially and economically restricted and disadvantaged
29 businesses.
30 (4) Include small, socially and economically restricted
20030H1638B2073 - 2 -
1 and disadvantaged businesses on solicitation mailing lists.
2 (5) Assure that small, socially and economically
3 restricted and disadvantaged businesses are solicited on each
4 procurement for which the businesses may be suited.
5 (6) Develop special training programs to assist small,
6 socially and economically restricted and disadvantaged
7 businesses in learning how to do business with Commonwealth
8 agencies.
9 § 2105. Bonding and progress payments.
10 (a) Bonding.--Notwithstanding other provisions of this part,
11 a purchasing agency may reduce the level or change the types of
12 bonding normally required or accept alternative forms of
13 security to the extent reasonably necessary to encourage
14 procurement from small, socially and economically restricted and
15 disadvantaged businesses.
16 (b) Progress payments.--A purchasing agency may make special
17 provisions for progress payments as it deems reasonably
18 necessary to encourage procurement from small, socially and
19 economically restricted and disadvantaged businesses.
20 § 2107. Report to General Assembly.
21 The department shall annually, before October 1, report in
22 writing to the General Assembly concerning the awarding of
23 contracts to small, socially and economically restricted and
24 disadvantaged businesses during the preceding fiscal year.
25 Section 4. This act shall take effect in 60 days.
F9L62DMS/20030H1638B2073 - 3 -