62 Pa.C.S. Ch. 21

in effect

62 Pa.C.S. § 2101 Policy.

The policy of this Commonwealth is to assist small and disadvantaged businesses in learning how to do business with Commonwealth agencies. The department shall implement this policy in accordance with regulations promulgated by the department.

62 Pa.C.S. § 2102 Definitions.

Subject to section 2103 (relating to regulations), the following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Disadvantaged business." A small business which is owned or controlled by a majority of persons, not limited to members of minority groups, who have been deprived of the opportunity to develop and maintain a competitive position in the economy because of social disadvantages. "Small business." A business in the United States which is independently owned, is not dominant in its field of operation and employs 100 or fewer employees. (Dec. 3, 2002, P.L.1147, No.142, eff. imd.) 2002 Amendment. Act 142 amended the def. of "small business." Cross References. Section 2102 is referred to in section 2103 of this title; section 9601 of Title 51 (Military Affairs).

62 Pa.C.S. § 2103 Regulations.

The department shall establish policy for executive and those independent agencies for which the department acts as purchasing agency and may promulgate regulations establishing detailed definitions of the words and phrases defined in section 2102 (relating to definitions) using, in addition to the criteria set forth in section 2102, other criteria as it deems appropriate, including the number of employees and the dollar volume of business. State-affiliated entities shall implement the policy for their procurement programs. Cross References. Section 2103 is referred to in section 2102 of this title.

62 Pa.C.S. § 2104 Duties of department.

The department shall have the following duties: (1) Where feasible, provide appropriate staff who shall be responsible to the department and who shall serve within designated Commonwealth agencies to assist small and disadvantaged businesses in this Commonwealth in learning how to do business with Commonwealth agencies. (2) Give special publicity to procurement procedures and issue special publications designed to assist small and disadvantaged businesses in learning how to do business with Commonwealth agencies. (3) Compile, maintain and make available source lists of small and disadvantaged businesses for the purpose of encouraging procurement from small and disadvantaged businesses. (4) Include small and disadvantaged businesses on solicitation mailing lists. (5) Assure that small and disadvantaged businesses are solicited on each procurement for which the businesses may be suited. (6) Develop special training programs to assist small and disadvantaged businesses in learning how to do business with Commonwealth agencies.

62 Pa.C.S. § 2105 Bonding and progress payments.

(a) Bonding.--Notwithstanding other provisions of this part, a purchasing agency may reduce the level or change the types of bonding normally required or accept alternative forms of security to the extent reasonably necessary to encourage procurement from small and disadvantaged businesses. (b) Progress payments.--A purchasing agency may make special provisions for progress payments as it deems reasonably necessary to encourage procurement from small and disadvantaged businesses.

62 Pa.C.S. § 2106 Business assistance offices.

The department shall establish, as it deems appropriate, business assistance offices throughout this Commonwealth to assist and carry out the provisions of this chapter.

62 Pa.C.S. § 2107 Report to General Assembly.

The department shall annually, before October 1, report in writing to the General Assembly concerning the awarding of contracts to small and disadvantaged businesses during the preceding fiscal year. The report shall include a list of all small and disadvantaged businesses that participated as contractors, subcontractors or suppliers during the preceding fiscal year for contracts if the number of contractors under a previously existing contract for the same supply or service is reduced to a single contractor or reduced by more than 50% of the number existing on September 30, 2003. In preparing the report, the department shall verify whether commitments made to small and disadvantaged businesses in the course of awarding these contracts have been maintained. (July 15, 2004, P.L.703, No.77, eff. 60 days)

62 Pa.C.S. § 2108 Compliance with Federal requirements.

If a procurement involves the expenditure of Federal assistance or contract funds, the purchasing agency shall comply with Federal law and authorized regulations which are mandatorily applicable and which are not presently reflected in this part. Cross References. Section 2108 is referred to in section 102 of this title; section 303 of Title 74 (Transportation).

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=62Fetched: 10/16/2026