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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY WHEATLEY, V. BROWN, PARKER AND PRESTON, 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 April 29, 1937 (P.L.526, No.118), entitled, |
2 | as reenacted and amended, "An act providing for and |
3 | regulating joint purchases by counties (other than counties |
4 | of the first class), cities of the second and third class, |
5 | boroughs, towns, townships, school districts, institution |
6 | districts, and poor districts," providing for contracts to |
7 | promote participation. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. The act of April 29, 1937 (P.L.526, No.118), |
11 | referred to as the Political Subdivision Joint Purchases Law, |
12 | reenacted and amended July 28, 1941 (P.L.544, No.224), is |
13 | amended by adding a section to read: |
14 | Section 3.1 (a) Each political subdivision that makes |
15 | purchases of materials, supplies or equipment jointly with |
16 | another political subdivision in accordance with the |
17 | requirements of section 2 shall, by ordinance or resolution, |
18 | develop and implement binding policies or guidelines to ensure |
19 | that all persons are accorded equal opportunity in the |
20 | acquisition of such materials, supplies or equipment which the |
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1 | political subdivision may legally purchase. |
2 | (b) Every contract for or on behalf of a political |
3 | subdivision for the purchase of materials, supplies or equipment |
4 | made in accordance with the provisions of section 2 shall |
5 | contain provisions by which the contractor agrees to promote, |
6 | increase and sustain contracting and subcontracting |
7 | opportunities for disadvantaged businesses. |
8 | (c) Each political subdivision that makes purchases jointly |
9 | with another political subdivision shall ensure that a written |
10 | record is made of each written price quotation or telephonic |
11 | price quotation that requires advertisement and competitive |
12 | bidding. Records of written price quotations, telephonic price |
13 | quotations and memoranda shall be retained for three years. The |
14 | written record shall include, but not be limited to, the |
15 | following: |
16 | (1) The date of the written or telephonic price quotation. |
17 | (2) The name and address of the disadvantaged small |
18 | business, if any, and its representative making a written or |
19 | telephonic price quotation. |
20 | (3) The name and address of any disadvantaged business |
21 | participating in the performance of the contract. |
22 | (4) Information concerning the contract or purchases which |
23 | were the subject of the written or telephonic price quotation. |
24 | (5) The money value of the contract or the materials or |
25 | supplies. |
26 | (d) This section shall apply to: |
27 | (1) Any contract for or on behalf of a political subdivision |
28 | made in accordance with section 2 which is subject to |
29 | competitive bidding. |
30 | (2) Any written or telephonic price quotation which requires |
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1 | advertisement and competitive bidding. |
2 | (3) All contractors, subcontractors, assignees, lessees, |
3 | agents, vendors and suppliers who furnish materials, supplies or |
4 | equipment to a political subdivision in accordance with section |
5 | 2. |
6 | (4) Disadvantaged businesses. |
7 | (e) The governing body of each political subdivision may use |
8 | the lists of certified minority-owned, women-owned and veteran- |
9 | owned business enterprises which have been certified under the |
10 | Department of General Services' disadvantaged business program |
11 | to compete for and participate in the political subdivision's |
12 | contracting process. The Department of General Services shall |
13 | cooperate with and assist the governing body of the political |
14 | subdivision in carrying out the requirements of this subsection. |
15 | (f) The following words and phrases when used in this |
16 | section shall have the meaning given to them in this subsection |
17 | unless the context clearly indicates otherwise: |
18 | "Disadvantaged business." A small business which is owned or |
19 | controlled by a majority of persons, not limited to members of |
20 | minority groups, who: |
21 | (1) have been deprived of the opportunity to develop and |
22 | maintain a competitive position in the economy because of social |
23 | disadvantages; or |
24 | (2) are veterans, including service-disabled veterans. |
25 | "Service-disabled veteran." A veteran who possesses either |
26 | an adjudication letter from the Department of Veterans Affairs |
27 | establishing a service-connected disability rating or a |
28 | disability determination from the Department of Defense. |
29 | "Small business." The term shall have the meaning given to |
30 | it in 62 Pa.C.S. § 2102 (relating to definitions). |
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1 | "Veteran." An individual who: |
2 | (1) served in the active United States military in any of |
3 | the four current branches and all previous branches, including a |
4 | reserve component or the National Guard; |
5 | (2) was released or discharged from active military service |
6 | under conditions other than dishonorable; and |
7 | (3) possesses a certificate of release or discharge from |
8 | active duty. |
9 | Section 2. This act shall take effect in 60 days. |
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