§ 303. Diverse business participation
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 74 Pa.C.S.A. TransportationEffective: January 24, 2014
Effective: January 24, 2014
74 Pa.C.S.A. § 303
§ 303. Diverse business participation
(ii) The bidder or offeror shall provide within seven days of being declared the low bidder or successful offeror the name and business address of each subcontractor that is a diverse business that will provide the contractor with construction or professional services in connection with the performance of the contract.
(6) Impose sanctions, as may be appropriate under 62 Pa.C.S. § 531 (relating to debarment or suspension), against businesses that fail to comply with this section or the policies of the Commonwealth related to diverse businesses. This paragraph shall not apply to a local transportation organization.
(1) Conduct the necessary and appropriate outreach, including using the database available on the Internet website of the Department of General Services and the Federal Government's system of award management database, for purposes of identifying diverse businesses in general construction or professional services capable of performing contracts subject to this section.
(2) By October 1, 2014, and each October 1 thereafter, submit a report to the chairman and minority chairman of the Transportation Committee of the Senate and the chairman and minority chairman of the Transportation Committee of the House of Representatives summarizing the participation level of diverse businesses in all competitive contract opportunities issued by contracting entities. The commission and local transportation organizations shall cooperate with the department to complete the report. The report shall include:
(3) Transmit the report under paragraph (2) to the Pennsylvania Minority Business Development Authority, established under the act of July 22, 1974 (P.L. 598, No. 206),1 known as the Pennsylvania Minority Business Development Authority Act. The authority shall review the report to assess the effectiveness in advancing this section and to make any recommendations for changes in this section deemed necessary or desirable to the secretary and the chairman and minority chairman of the Transportation Committee of the Senate and the chairman and minority chairman of the Transportation Committee of the House of Representatives.
(a.2) Replacement of diverse business.--If, at any time during the evaluation of a bid or proposal or the construction of a project or the performance of a professional service pursuant to a bid, proposal or contract subject to this section, it becomes necessary to replace a subcontractor that is a diverse business, the bidder, offeror or contractor, as appropriate, shall immediately notify the contracting entity of the need to replace the diverse business. The notice shall include the reasons for the replacement.
(a.4) Construction.--Nothing in this section shall be construed to supersede, nullify or otherwise affect 51 Pa.C.S. § 9603 (relating to participation goal). In the case of an inconsistency between this section and 51 Pa.C.S. Ch. 96 (relating to veteran-owned small businesses), the provisions of 51 Pa.C.S. Ch. 96 shall prevail.
“Commission.” As defined in section 8102 (relating to definitions).
“Contract.” As defined in 62 Pa.C.S. § 103 (relating to definitions).
“Contracting entities.” The following:
(1) The department.
(2) The commission.
(3) A local transportation organization.
“Disadvantaged business.” A business that is owned or controlled by a majority of persons, not limited to members of minority groups, who are subject to racial or ethnic prejudice or cultural bias.
“Diverse business.” A disadvantaged business, minority-owned or women-owned business or service-disabled veteran-owned or veteran-owned small business that has been certified by a third-party certifying organization.
“Local transportation organization.” Any of the following:
(1) A political subdivision or a public transportation authority, port authority or redevelopment authority organized under the laws of this Commonwealth or pursuant to an interstate compact or otherwise empowered to render, contract for the rendering of or assist in the rendering of transportation service in a limited area in this Commonwealth, even though it may also render or assist in rendering transportation service in adjacent states.
(2) A nonprofit association that directly or indirectly provides public transportation service.
(3) A nonprofit association of public transportation providers operating within this Commonwealth.
“Minority-owned business.” A business owned and controlled by a majority of individuals who are African Americans, Hispanic Americans, Native Americans, Asian Americans, Alaskans or Pacific Islanders.
“Professional services.” An industry of infrequent, technical or unique functions performed by independent contractors or consultants whose occupation is the rendering of the services. The term includes:
(1) Design professional services as defined in 62 Pa.C.S. § 901 (relating to definitions).
(2) Legal services.
(3) Advertising or public relations services.
(4) Accounting, auditing or actuarial services.
(5) Security consultant services.
(6) Computer and information technology services.
(7) Insurance underwriting services.
“Service-disabled veteran-owned small business.” As defined in 51 Pa.C.S. § 9601 (relating to definitions).
“Third-party certifying organization.” An organization that certifies a small business, minority-owned business, women-owned business or veteran-owned small business as a diverse business. The term includes:
(1) The National Minority Supplier Development Council.
(2) The Women's Business Development Enterprise National Council.
(3) The Small Business Administration.
(4) The Department of Veterans Affairs.
(5) The Pennsylvania Unified Certification Program.
“Veteran-owned small business.” As defined in 51 Pa.C.S. § 9601 (relating to definitions).
“Women-owned business.” A business owned and controlled by a majority of individuals who are women.
2007, July 18, P.L. 169, No. 44, § 1.1, retroactive effective July 1, 2007. Amended 2013, Nov. 25, P.L. 974, No. 89, § 2, effective in 60 days [Jan. 24, 2014].
73 P.S. § 390.1 et seq.
74 Pa.C.S.A. § 303, PA ST 74 Pa.C.S.A. § 303
Current through 2022 Regular Session Act 117. Some statute sections may be more current, see credits for details.
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