HB 1017 — An Act amending Title 62 (Procurement) of the Pennsylvania Consolidated Statutes, in general provisions relating to general procurement provisions, providing for preference for bid or proposal.

PRINTER'S NO.   1097

                      THE GENERAL ASSEMBLY OF PENNSYLVANIA



                          HOUSE BILL
                          No. 1017
                                                  Session of
                                                    2025

     INTRODUCED BY BURNS, KENYATTA, SCHLOSSBERG, GIRAL, NEILSON,
        MALAGARI AND INGLIS, MARCH 24, 2025

     REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 24, 2025


                                      AN ACT
 1   Amending Title 62 (Procurement) of the Pennsylvania Consolidated
 2      Statutes, in general provisions relating to general
 3      procurement provisions, providing for preference for bid or
 4      proposal.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.     Title 62 of the Pennsylvania Consolidated
 8   Statutes is amended by adding a section to read:
 9   § 3103.    Preference for bid or proposal.
10      (a)    Authorization.--In the case of competitive sealed
11   bidding or competitive sealed proposals based on price factors,
12   a government agency or school entity authorized to enter a
13   contract for procurement shall:
14             (1)   subtract 2% from the bid or proposal of a person
15      submitting the bid or proposal if the procurement that is the
16      subject of the bid or proposal involves American-made
17      supplies, services or construction; and
18             (2)   award the contract on the basis of the revised bid
19      or proposal.
 1      (b)   Documentation.--A government agency or school entity
 2   shall require documentation to confirm that a person qualifies
 3   for the 2% preference described under subsection (a).
 4      (c)   Definitions.--As used in this section, the following
 5   words and phrases shall have the meanings given to them in this
 6   subsection unless the context clearly indicates otherwise:
 7      "American-made supplies, services or construction."
 8   Supplies, services or construction of which at least 75% of the
 9   costs for the materials, equipment, products or processes
10   involved with the supplies, services or construction, are
11   derived from the United States.
12      "Contract."     A written agreement, regardless of what it may
13   be called, for the procurement or disposal of supplies, services
14   or construction.
15      "Person."     An individual, organization, sole proprietorship,
16   association, corporation, partnership, joint venture, limited
17   partnership, limited liability partnership, limited liability
18   company or other entity or business association that is capable
19   of submitting a bid or proposal to a government agency.
20      "Procurement."    As follows:
21            (1)   Buying, purchasing, renting, leasing, licensing or
22      otherwise acquiring supplies, services or construction.
23            (2)   The term includes all functions that pertain to the
24      obtaining of any supply, service or construction, including
25      description of requirements, selection and solicitation of
26      sources, preparation and award of contract and all phases of
27      contract administration.
28      "School entity."    Any of the following:
29            (1)   A school district of any class.
30            (2)   A public school or private school.

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 1          (3)   A nonpublic school wherein a resident of this
 2      Commonwealth may legally fulfill the compulsory school
 3      attendance requirements under the act of March 10, 1949
 4      (P.L.30, No.14), known as the Public School Code of 1949, and
 5      that meets the requirements of 42 U.S.C. Ch. 21 Subch. V
 6      (relating to federally assisted programs).
 7          (4)   An intermediate unit.
 8          (5)   A joint school.
 9          (6)   An area career and technical school, as described in
10      section 1841 of the Public School Code of 1949.
11          (7)   A charter school, cyber charter school or regional
12      charter school, as those terms are defined in section 1703-A
13      of the Public School Code of 1949.
14          (8)   A State-related institution.
15      "United States."     The United States of America, including all
16   territory, continental or insular, subject to the jurisdiction
17   of the United States.
18      Section 2.   This act shall take effect in 60 days.




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