THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BUXTON, WHEATLEY, READSHAW, BRADFORD, CALTAGIRONE, DALEY, JOSEPHS, MYERS AND YOUNGBLOOD, JANUARY 23, 2012

REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 23, 2012  

AN ACT

Amending Title 62 (Procurement) of the Pennsylvania Consolidated

Statutes, in small and disadvantaged businesses, further

providing for definitions; and providing for authority to

waive employee limit.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The introductory paragraph and the definitions of

"disadvantaged business" in section 2102 of Title 62 of the

Pennsylvania Consolidated Statutes are amended and the section

is amended by adding definitions to read:

§ 2102.  Definitions.

[Subject] Notwithstanding section 103 (relating to

definitions) and subject to section 2103 (relating to

regulations), the following words and phrases when used in this

chapter shall have the meanings given to them in this section

unless the context clearly indicates otherwise:

"Disadvantaged business."  A small business which is owned or

controlled by a majority of persons, not limited to members of

minority groups, who:

(1)  have been deprived of the opportunity to develop and

maintain a competitive position in the economy because of

social disadvantages[.]; or

(2)  are veterans, including service-disabled veterans.

"Service-disabled veteran."  A veteran who possesses either

an adjudication letter from the United States Veterans'

Administration establishing a service-connected disability

rating or a disability determination from the United States

Department of Defense.

"Veteran."  An individual who:

(1)  Served in the active United States military in any

of the four current branches and all previous branches,

including a reserve component or the National Guard.

(2)  Was released or discharged from active military

service under conditions other than dishonorable.

(3)  Possesses a certificate of release or discharge from

active duty.

Section 2.  Title 62 is amended by adding a section to read:

§ 2104.1.  Authority to waive employee limit.

(a)  Authority to waive.--The department or a Commonwealth

agency may, at its discretion and where it is determined to be

in the best interest of this Commonwealth, waive the small

business employee limit requirement in order to promote and

create economic opportunities for disadvantaged businesses.

(b)  Inclusion of employee limit in bid document.--The

department or a Commonwealth agency shall inform prospective

bidders of the decision to waive the small business employee

limit for disadvantaged businesses by including notice of the

waiver in the invitation for bid, request for proposal or any

other bid document that is subject to an employee limit waiver,

prior to its release for bidding purposes by the department or a

Commonwealth agency.

(c)  Subsequent determination to waive notice.--If the

department or a Commonwealth agency determines that the small

business employee limit should be waived subsequent to the

release of an invitation for bid, request for proposal or any

other such bid document, the department or Commonwealth agency

shall take appropriate action to ensure the inclusion of

disadvantaged businesses in bidding requirements and provide

prompt notice to all prospective bidders of the determination to

waive the small business employee limit.

(d)  Report.--The department shall include in its annual

report to the General Assembly information on its use of the

small business employee limit waiver authorized under this

section. The report shall include, but may not be limited to,

the following information for the preceding calendar year:

(1)  The number of times the employee limit was waived

prior to the release of an invitation for bid, request for

proposal or other bid document and the reason for imposing

the waiver.

(2)  The number of times the employee limit was waived

following the release of an invitation for bid, request for

proposal or other bid document and the reason for the

subsequent determination to waive the small business employee

limit requirement.

(3)  The identity and geographic location of the

disadvantaged businesses subject to an employee limit waiver.

(4)  The number of employees of each disadvantaged

business subject to an employee limit waiver.

(5)  The dollar amount of each contract awarded which

included a small business employee limit waiver.

(e)  Applicability.--The provisions of this section shall

apply to any eligible "disadvantaged business" as defined under

section 2102 (relating to definitions).

Section 3.  This act shall take effect immediately.