Bill Text: PA SB1216 | 2009-2010 | Regular Session | Introduced

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Bill Title: Providing for prime contractors' performance.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2010-02-01 - Referred to STATE GOVERNMENT [SB1216 Detail]

Download: Pennsylvania-2009-SB1216-Introduced.html

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PRINTER'S NO. 1654
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1216 Session of2010
INTRODUCED BY TARTAGLIONE, WASHINGTON, FONTANA, HUGHES, KITCHEN, WILLIAMS, FERLO, LOGAN AND O'PAKE, FEBRUARY 1, 2010
REFERRED TO STATE GOVERNMENT, FEBRUARY 1, 2010
AN ACT
Amending Title 62 (Procurement) of the Pennsylvania Consolidated
Statutes, providing for prime contractors' performance.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 62 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 2109. Prime contractors' performance.
The department shall develop concise and detailed good faith
effort requirements for its prime contractors to ensure their
genuine attempt at meeting the Commonwealth's disadvantaged
business subcontractor participation requirements. Contractors
and grantees doing business with the Commonwealth shall make
reasonable and good faith efforts to provide maximum practicable
opportunities for small businesses and disadvantaged businesses
to participate as contractors, professional service providers,
subcontractors and suppliers, including the following:
(1) Attend prebid or preproposal conferences.
(2) Notify in writing about subcontracting opportunities
to disadvantaged businesses that perform the type of work to
be subcontracted in sufficient time to allow the businesses
to participate.
(3) Advise small businesses or disadvantaged businesses
of the specific work the prime contractor intends to
subcontract, that their interest in the project is being
solicited and how to obtain information for the review and
inspection of the plans, specifications and requirements of
the bid.
(4) Provide a written statement that economically
feasible portions of work were selected to be performed by a
small businesses or disadvantaged businesses, including where
appropriate, segmenting or combining elements of work into
economically feasible units.
(5) Provide a statement of the efforts made to negotiate
with small businesses or disadvantaged businesses, including
the name, address and telephone number of the small
businesses or disadvantaged businesses that were contacted,
the date the negotiations took place and a description of the
information provided to the small businesses or disadvantaged
businesses regarding the plans, specifications and
requirements for the portion of the work to be performed.
(6) Consult with the Bureau of Minority and Women
Business Opportunities to ensure significant contracting,
professional service, subcontracting and purchasing
opportunities for small businesses or disadvantaged
businesses unless the department agrees that contractor or
grantee participation in outreach activities will satisfy
this requirement.
(7) Participate in outreach activities and events to
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increase small business and disadvantaged business interest
and participation in contracting, professional service,
subcontracting and purchasing opportunities, and the extent
of the contractor's or grantee's commitment to participate in
outreach participation shall be a consideration in the award
of any contract or grant.
(8) Use the department's Internet website to identify
certified small businesses or disadvantaged businesses as
potential sources for professional service, subcontracting,
purchasing, construction, equipment, services and supplies.
(9) Solicit certified small businesses or disadvantaged
businesses for all contracting, subcontracting, professional
service agreements and purchasing opportunities.
(10) Include certified small businesses or disadvantaged
businesses on solicitation lists.
(11) Prepare and keep records of solicitations,
including a bid tabulation, showing names of all firms
solicited and the dollar amount of the bid, quote or
proposal, as well as copies of all bids, quotes and proposals
received.
(12) Provide quarterly reports to the bureau on small
business and disadvantaged business utilization.
(13) Demonstrate good faith efforts in oversight and
timely payment, as defined under Subchapter D of Chapter 39
(relating to prompt payment schedules), to small businesses
or disadvantaged businesses and compliance with the
disadvantaged subcontractor commitment made at the time of
the award or thereafter.
Section 2. This act shall take effect in 60 days.
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