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 -