The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Department.” The Department of General Services of the Commonwealth.

“Employee.” An individual hired by a public works contractor or subcontractor for whom the public works contractor or subcontractor is required by law to file a Form W-2 with the Internal Revenue Service.

“EVP.” The E-Verify Program operated by the Department of Homeland Security that electronically verifies employment eligibility for employees.

“Public body.” The Commonwealth of Pennsylvania, any of its political subdivisions, any authority created by the General Assembly of the Commonwealth and any instrumentality or agency of the Commonwealth.

“Public work.” As defined under section 2 of the act of August 15, 1961 (P.L. 987, No. 442),¹ known as the Pennsylvania Prevailing Wage Act.

“Public works contractor.” A contractor that provides work under a contract involving a public work.

“Secretary.” The Secretary of General Services of the Commonwealth.

“Subcontractor.” A person, other than a natural person, regardless of its tier, including, but not limited to, a staffing agency that performs work for a public works contractor under a contract for a public work. The term shall not include persons that are material suppliers for a project.

“Willful.” Action or conduct undertaken intentionally or with reckless disregard for or deliberate ignorance of the requirements and obligations established under this article.