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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY WHEATLEY AND PARKER, DECEMBER 19, 2011 |
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| REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, DECEMBER 19, 2011 |
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| AN ACT |
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1 | Amending the act of February 1, 1966 (1965 P.L.1656, No.581), |
2 | entitled "An act concerning boroughs, and revising, amending |
3 | and consolidating the law relating to boroughs," providing |
4 | for contracts to promote participation. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. The act of February 1, 1966 (1965 P.L.1656, |
8 | No.581), known as The Borough Code, is amended by adding a |
9 | section to read: |
10 | Section 1402.1. Contracts to Promote Participation.--(a) |
11 | The council of each borough shall develop, adopt and implement |
12 | binding policies or guidelines to ensure that all persons are |
13 | accorded equal opportunity in purchasing, contracting and |
14 | subcontracting associated with the construction, reconstruction, |
15 | alteration, improvement, repair or maintenance of any building |
16 | or other structure or for the completion of any project or |
17 | performance of any other work whatsoever and the purchasing of |
18 | any materials, equipment or any other supplies for the use of |
19 | the borough. |
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1 | (b) Every contract for or on behalf of a borough for the |
2 | construction, alteration, improvement, repair or maintenance of |
3 | any public building or public work shall contain provisions by |
4 | which the contractor agrees to promote, increase and sustain |
5 | contracting and subcontracting opportunities for disadvantaged |
6 | businesses. |
7 | (c) The borough council shall ensure that a written record |
8 | is made of each written price quotation or telephonic price |
9 | quotation that requires advertisement and competitive bidding. |
10 | Written price quotations, telephonic price quotations and |
11 | memoranda shall be retained for a period of three years. The |
12 | record shall include, but not be limited to: |
13 | (1) The date of the quotation. |
14 | (2) The name and address of any disadvantaged small business |
15 | involved in the performance of the contract or acquisition of |
16 | materials, equipment or other supplies. |
17 | (3) Information concerning the subject contract or the |
18 | purchase of materials and supplies which were the subject of the |
19 | price quotation. |
20 | (4) The money value of the contract or the materials or |
21 | supplies. |
22 | (d) This section shall apply to: |
23 | (1) Any borough contract which is subject to competitive |
24 | bidding in accordance with this article. |
25 | (2) Any written or telephonic price quotation which requires |
26 | advertisement and competitive bidding in accordance with the |
27 | requirements of this article. |
28 | (3) All borough contractors, subcontractors, assignees, |
29 | lessees, agents, vendors and suppliers. |
30 | (4) Disadvantaged businesses. |
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1 | (e) The council may use the lists of certified minority- |
2 | owned, women-owned and veteran-owned business enterprises which |
3 | have been certified under the Department of General Services' |
4 | disadvantaged business program to compete for and participate in |
5 | the borough's contracting process. The Department of General |
6 | Services shall cooperate with and assist the council in carrying |
7 | out the requirements of this subsection. |
8 | (f) For the purpose of this section, the following words and |
9 | phrases shall have the meaning given to them in this subsection |
10 | unless the context clearly indicates otherwise: |
11 | "Disadvantaged business" shall mean a small business which |
12 | is owned or controlled by a majority of persons, not limited to |
13 | members of minority groups, who: |
14 | (1) have been deprived of the opportunity to develop and |
15 | maintain a competitive position in the economy because of social |
16 | disadvantages; or |
17 | (2) are veterans, including service-disabled veterans. |
18 | "Service-disabled veteran" shall mean a veteran who |
19 | possesses either an adjudication letter from the Department of |
20 | Veterans Affairs establishing a service-connected disability |
21 | rating or a disability determination from the Department of |
22 | Defense. |
23 | "Small business" shall have the meaning given to it in 62 |
24 | Pa.C.S. § 2102 (relating to definitions). |
25 | "Veteran" shall mean an individual who: |
26 | (1) served in the active United States Armed Forces in any |
27 | of the four current branches and all previous branches, |
28 | including a reserve component or the National Guard; |
29 | (2) was released or discharged from active military service |
30 | under conditions other than dishonorable; and |
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1 | (3) possesses a certificate of release or discharge from |
2 | active duty. |
3 | Section 2. This act shall take effect in 60 days. |
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