reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 45 - SALE OF SURPLUS STATE PROPERTY › PRIVATE SALES › Section 45.13 - Procedures for sales at the warehouse

Current through Register Vol. 54, No. 28, July 13, 2024
Upon the sale of items of surplus State property at the
						warehouse, a warehouse employe shall proceed in the following manner:
(1) Affix Surplus State Property
					 Identification Tags, Office of Administration Form 552, to Copy No. 1 of the
					 Property Transfer/Sale Slip. Direct the purchaser to hand-carry the sales slips
					 and identification tags to the cashier in the office division of the Division.
					 The cashier shall accept the receipt for payment of purchase by stamping
					 "Payment Received" on all copies of the Property Transfer/Sales Slips. Copy No.
					 3 shall be returned to the purchaser.
(2) Release the appropriate property to the
					 purchaser upon presentation of the properly receipted Property Transfer/Sale
					 Slips.
(3) Inform the purchaser
					 that the property shall be removed immediately from Commonwealth premises or
					 within the time period specified by the Division.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 45 - SALE OF SURPLUS STATE PROPERTY › PRIVATE SALES › Section 45.14 - Procedures for sales in the field

Current through Register Vol. 54, No. 28, July 13, 2024
Upon the sale of items of surplus State property in the
						field, a field section employe shall proceed in the following manner:
(1)
(i)
					 Affix Surplus State Property Identification Tags, Office of Administration Form
					 552, to Copy No. 1 of the Property Transfer/Sale Slip. Accept and receipt
					 payment of purchases by writing or stamping "Payment Received" on all copies of
					 the Property Transfer/Sale Slips. Return Copy No. 3 to the purchaser.
(ii) Payment for property purchased in the
					 field shall be made by check or money order.
(iii) Cash sales shall not be
					 transacted.
(iv) Checks in excess
					 of $50 shall be certified.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 45 - SALE OF SURPLUS STATE PROPERTY › PRIVATE SALES › Section 45.15 - Procedures for competitive bid sales

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Competitive bid sales shall be
					 accomplished in accord with established Departmental procedures.
(b) Invitation-Bid Proposal for surplus State
					 Property, and attachments thereto, shall be assigned a control/sale number to
					 facilitate filing and records disposition.
(c) When surplus State property is located
					 outside the city of Harrisburg, the Department, in its discretion, may
					 authorize the department, board or commission having possession of the same,
					 without advertising, to obtain at least two bids in the locality where the
					 property is located. The bids shall be referred to the Department, and if it
					 believes that the property will not realize a higher net sale price if
					 transported to the City of Harrisburg for sale, the Department may authorize
					 the department, board or commission having possession of the same, to sell the
					 property locally to the highest bidder, to take a proper receipt therefore, and
					 to transmit the proceeds to the Department. When the sales are authorized, the
					 Department will furnish the department, board or commission effecting the sale
					 the forms to record receipt for the property and transmittal of moneys received
					 from the sale.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 45 - SALE OF SURPLUS STATE PROPERTY › PRIVATE SALES › Section 45.16 - Advertisement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Sales of
					 surplus State property shall, if the Department deems it feasible in view of
					 the value of the property involved, be advertised in not exceeding five
					 newspapers of the Commonwealth, once a week for 3 weeks.
(b) Advertisements shall include, but are not
					 necessarily limited to, the date, time, place and conditions of the
					 sale.
(c) The public shall be
					 notified that the Department or the Commonwealth reserves the right to reject
					 all bids.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 45 - SALE OF SURPLUS STATE PROPERTY › PUBLIC AUCTION SALES › Section 45.21 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Public auction sales shall be conducted at the discretion of the Chief of the
					 Division with the approval of the Department.
(b) Auction sales shall normally be conducted
					 for large volumes of surplus property, but may be used for small lots of high
					 value items.
(c) Care shall be
					 taken to insure that, insofar as possible, administrative costs do not exceed
					 the gross dollar return for the sale.
(d) The Chief of the Division shall be
					 responsible for the overall administration and management of public auction
					 sales.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 45 - SALE OF SURPLUS STATE PROPERTY › PUBLIC AUCTION SALES › Section 45.22 - Types of auctions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Auctions may be conducted by the Division, except that a professional licensed
					 auctioneer shall be utilized to effect the actual sale of the item. Other
					 functions of the sale shall be the direct responsibility of the
					 Division.
(b) Auctions may be
					 conducted solely by a contracted professional licensed auctioneer, except that
					 a Division employe shall be present and responsible for collection, recording
					 and receipting of sales tax moneys on taxable sale items as required by
					 law.
(c) Contract with the
					 auctioneer shall define the requirement that the auctioneer shall record the
					 description, sale price, name of purchaser and other data deemed necessary to
					 insure positive identification of each item sold in sufficient detail to
					 provide the Division with adequate record of the complete sale.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 45 - SALE OF SURPLUS STATE PROPERTY › PUBLIC AUCTION SALES › Section 45.23 - Auctioneers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Professional
					 licensed auctioneers shall be utilized for all public auction sales.
(b) Employment contracts with auctioneers
					 shall be completed in detail, be limited to specific sales and be approved by
					 the Department or other authority as directed.
(c) Listings of licensed auctioneers shall be
					 available from the State Board of Auctioneer Examiners, Department of
					 State.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 45 - SALE OF SURPLUS STATE PROPERTY › PUBLIC AUCTION SALES › Section 45.24 - Procedures for Division employes

Current through Register Vol. 54, No. 28, July 13, 2024
Upon the sale of items of surplus State property at
						public auction, conducted by the Division, an employe of the Division or the
						auctioneer shall proceed in the following manner:
(1) Mark the items with a shipping tag,
					 preprinted, fill-in tag or card, or a suitable substitute, containing the name
					 of the purchaser, the identification tag number, date of sale and signature of
					 the authorized representative of the Division or auctioneer.
(2) Remove the Surplus State Property
					 Identification Tags, Office of Administration Form 552.
(3) List all times that have been purchased
					 by an individual on Property Transfer/Sale Slips. Direct the purchaser to sign
					 and date all copies of the "Sales" slip. Attach Identification Tags to Copy No.
					 1 of the appropriate Property Transfer/Sales Slips.
(4) Direct the purchaser to hand carry the
					 sales slips and identification tags to one of the auction cashiers.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 45 - SALE OF SURPLUS STATE PROPERTY › PUBLIC AUCTION SALES › Section 45.25 - Procedure for auction cashiers

Current through Register Vol. 54, No. 28, July 13, 2024
Upon the sale of items of surplus State property at
						public auction, the auction cashier shall proceed in the following
						manner:
(1) Accept and receipt payment
					 of purchase by stamping or writing "Payment Received" on all copies of the
					 Property Transfer/Sale Slips. Return Copy No. 3 to the purchaser as a receipt
					 and property pass. Payment by check in excess of $50 shall be
					 certified.
(2) Hold Copies No. 1
					 and No. 2 of the Property Transfer/Sale Slips with appropriate Surplus State
					 Property Identification Tags and all moneys receipted from sales transactions,
					 for pick-up by the designated representative of the Division or the
					 auctioneer.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 45 - SALE OF SURPLUS STATE PROPERTY › PUBLIC AUCTION SALES › Section 45.26 - Procedure for office section

Current through Register Vol. 54, No. 28, July 13, 2024
Upon the sale of items of surplus State property at
						public auction, the office section shall proceed in the following
						manner:
(1) Accept and receipt payment
					 of purchases. Stamp "Payment Received" on all copies of the Property
					 Transfer/Sale Slip. Return Copy No. 3 to the purchaser to authorize release of
					 the property, except in cases of public auctions.
(2) Record sales in the Master Sales
					 Log.
(3) Attach Property
					 Transfer/Sale Slips and related Surplus State Property Identification Tags to
					 appropriate Surplus State Property Reports. File as a completed property sales
					 transaction.
(4)
(i) Prepare transmittal documents and
					 transfer all moneys accumulated from sales to the comptroller, Department, on a
					 schedule mutually acceptable to the Comptroller and the Chief of the Division.
					 The schedule, to be initiated by the comptroller, shall be in memorandum form
					 with copies directed to all parties concerned.
(ii) Capitol Police shall be made available
					 to escort all transfer of moneys upon request and reasonable notice.
(iii) Transmittal documents shall be prepared
					 in accordance with §
												45.27 (relating to preparation of
					 transmittal documents).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 45 - SALE OF SURPLUS STATE PROPERTY › PUBLIC AUCTION SALES › Section 45.27 - Preparation of transmittal documents

Current through Register Vol. 54, No. 28, July 13, 2024
Transmittal documents shall be prepared by the office
						section in the following manner:
(1)
					 Sales transactions shall be grouped by fund and listed numerically.
(2) A summary shall be listed on the
					 transmittal document to reflect the following:
(i) Total amount of cash.
(ii) Total value of checks and money
					 orders.
(iii) Grand total for the
					 entire transmittal action.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 47 - CONDEMNATION OF SURPLUS STATE PROPERTY › Section 47.1 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Condemnation
				  authority shall be limited to the Chief of the Division and his designated
				  representatives.
(b) Items of
				  surplus State property shall be condemned and sold as scrap after the items
				  have been determined to be a safety or health hazard to the employes of the
				  Commonwealth or the general public. The items shall be receipted as scrap by
				  the Division.
(c) Items which
				  cannot be sold as scrap shall be disposed of as trash or junk.
(d) Special handling shall be required for
				  items determined to be a health or safety hazard.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 47 - CONDEMNATION OF SURPLUS STATE PROPERTY › Section 47.2 - Procedures for warehouse of field section employes

Current through Register Vol. 54, No. 28, July 13, 2024
Upon the condemnation of items of surplus State property, a
					 warehouse or field section employe shall proceed in the following
					 manner:
(1) Remove the Surplus State
				  Property Identification Tag, check the block "Condemned," and the applicable
				  disposition block.
(2) List all
				  items that have been condemned on Property Transfer/Sale Slips.
(3) Change the "Received by" block on the
				  Property Transfer/Sale Slips to read: "Condemned by."
(4) Secure the signature of the Chief of the
				  Division or one of his designated representatives.
(5) Attach applicable Surplus State Property
				  Identification Tags to the appropriate Property Transfer/Sale Slips and forward
				  to the office section of the Division.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart A - SURPLUS STATE PROPERTY › Chapter 47 - CONDEMNATION OF SURPLUS STATE PROPERTY › Section 47.3 - Procedures for office section

Current through Register Vol. 54, No. 28, July 13, 2024
Upon the condemnation of items of surplus State property,
					 the office section shall proceed in the following manner:
(1) Post appropriate records to reflect the
				  condemnation action.
(2) Attach
				  Property Transfer/Sale Slips and related Surplus State Property Identification
				  Tags to appropriate Surplus State Property Records. File as a completed
				  property transaction.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article I - GENERAL › Chapter 58 - CONTRACT COMPLIANCE › Subchapter D - Reserved › Section 58.302 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 58 Pa. Code §
														481a.3 (relating to diversity
							 participation).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article I - GENERAL › Chapter 58 - CONTRACT COMPLIANCE › Subchapter D - Reserved › Section 58.303 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 4 Pa. Code §
														58.304 (relating to verification of
							 Small Diverse Businesses).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article I - GENERAL › Chapter 58 - CONTRACT COMPLIANCE › Subchapter D - Reserved › Section 58.307 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
This section cited in 4 Pa. Code §
														58.308 (relating to
							 hearing).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article I - GENERAL › Chapter 58 - CONTRACT COMPLIANCE › Subchapter E - SMALL BUSINESS, SMALL › DIVERSE BUSINESS AND VETERAN BUSINESS ENTERPRISE PROGRAMS-STATEMENT OF POLICY › Section 58.401 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter establishes the criteria and
							 processes for self-certification of small businesses and verification of small
							 diverse business and veteran business enterprise status as well as the small
							 business reserve, small diverse business and veteran business enterprise
							 programs. The Commonwealth is committed to promoting the economic growth and
							 success of small businesses. The underlying purpose of this subchapter is to
							 increase small business participation in Commonwealth contracts.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article I - GENERAL › Chapter 58 - CONTRACT COMPLIANCE › Subchapter E - SMALL BUSINESS, SMALL › DIVERSE BUSINESS AND VETERAN BUSINESS ENTERPRISE PROGRAMS-STATEMENT OF POLICY › Section 58.403 - Self-certification of eligible small businesses

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Online self-certification for
						  SBs.
To participate in the SBR and the SDB or VBE programs, SBs shall
						  self-certify through an online application process outlined at
www.dgs.pa.gov
. The SB self-certification
						  enables eligible SBs to compete for prime contracting opportunities with the
						  Commonwealth against other eligible SBs. Upon successful completion of the
						  self-certification process, the SB will be issued a certificate. The
						  self-certification will remain in effect for 2 years. The SB shall recertify
						  every 2 years to maintain its status as a self-certified SB.
(b)
Eligibility
						  requirements.
An SB shall meet the following requirements to
						  self-certify as an SB with the Department:
(1)
						  The business must be a for-profit United States business that is independently
						  owned. Factors that determine independent ownership include the date the
						  business was established, together with its relationship with other firms in
						  terms of operational and managerial control, personnel, facilities, equipment,
						  financial support, exclusive dealings and the extent to which resources are
						  shared with other firms. A business that is a subsidiary of another business or
						  is owned principally by another business entity or by a trust (including an
						  employee stock ownership plan (ESOP)) does not meet this requirement. However,
						  if a parent or holding company, established for tax, capitalization or other
						  purposes consistent with industry practice, in turn owns and controls an
						  operating subsidiary, the subsidiary may be considered independently owned if
						  it otherwise meets all SB eligibility requirements. In this situation, the
						  individual owners and controllers of the parent or holding company are deemed
						  to control the subsidiary through the parent or holding company.
(2) The business may not be dominant in its
						  field of operation.
(3) The
						  business may not employ more than the maximum number of employees established
						  by the definition of small business at
						  62 Pa.C.S. §
															2102
						  (relating to definitions).
(4) The
						  business shall earn less than the amounts designated by the
						  Department.
(5) The Department
						  reserves the right to adjust revenue limits in accordance with §
														1.922(b) (relating
						  to responsibilities). Changes will appear in the Department's guidelines at
www.dgs.pa.gov
.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article I - GENERAL › Chapter 58 - CONTRACT COMPLIANCE › Subchapter E - SMALL BUSINESS, SMALL › DIVERSE BUSINESS AND VETERAN BUSINESS ENTERPRISE PROGRAMS-STATEMENT OF POLICY › Section 58.404 - Verification of eligible small diverse businesses or veteran business enterprises

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Prerequisite.
To complete the verification process for
						  consideration as an SDB or VBE, the business shall, as a prerequisite, complete
						  the self-certification process in §
													58.403 (relating to
						  self-certification of eligible small businesses) and shall hold the resultant
						  certificate in support of the verification process in this section.
(b)
Verification of SDB
						  status.
The Department will verify MBE, WBE, DOBE, LGBTQBE, SDVBE or
						  disadvantaged business status through the verification of certification from
						  one or more of the following approved third-party entities:
(1) The Unified Certification
						  Program.
(2) The National Minority
						  Supplier Development Council.
(3)
						  The Women's Business Enterprise National Council.
(4) Disability:IN.
(5) The National LGBT Chamber of
						  Commerce.
(6) The United States
						  Small Business Administration 8(a) Program.
(7) The United States Small Business
						  Administration Veteran Small Business Certification
(8) Additional entities as identified,
						  approved and publicly posted by the Department on its web site at
www.dgs.pa.gov
.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article I - GENERAL › Chapter 58 - CONTRACT COMPLIANCE › Subchapter E - SMALL BUSINESS, SMALL › DIVERSE BUSINESS AND VETERAN BUSINESS ENTERPRISE PROGRAMS-STATEMENT OF POLICY › Section 58.405 - Voluntary withdrawal of small business self-certification or small diverse business or veteran business enterprise verification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An SB, SDB or VBE may voluntarily
						  withdraw its self-certification or verification at any time for any
						  reason.
(b) The date of withdrawal
						  is the date on which the Department receives written notice from the SB, SDB or
						  VBE of its intent to withdraw.
(c)
						  As of the date of withdrawal:
(1) The
						  Department will not send notifications to the SB, SDB or VBE regarding SBR
						  procurements nor the SDB or VBE programs.
(2) The SB, SDB or VBE may not be considered
						  an active, verified SB, SDB or VBE and may not bid on an active SBR
						  procurement.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article I - GENERAL › Chapter 58 - CONTRACT COMPLIANCE › Subchapter E - SMALL BUSINESS, SMALL › DIVERSE BUSINESS AND VETERAN BUSINESS ENTERPRISE PROGRAMS-STATEMENT OF POLICY › Section 58.406 - Denial or decertification of small business, small diverse business or veteran business enterprise status

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  The Department will deny or decertify businesses from certified SB status or
						  verified SDB or VBE status, or all of those statuses, for any the following
						  reasons:
(1) The business received
						  certification by knowingly submitting false and misleading
						  information.
(2) The business
						  knowingly allowed the misuse of its certification status.
(3) The business failed to cooperate with or
						  respond to a request for information from the Department or another
						  Commonwealth agency or official.
(4) The alternate certifying entity
						  decertifies the business.
(5) The
						  Department issues a written notice of default or notice of termination, or
						  both, under the terms and conditions of a contract issued as the result of an
						  SBR procurement.
(6) For any other
						  good cause as determined by the Department.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article I - GENERAL › Chapter 58 - CONTRACT COMPLIANCE › Subchapter E - SMALL BUSINESS, SMALL › DIVERSE BUSINESS AND VETERAN BUSINESS ENTERPRISE PROGRAMS-STATEMENT OF POLICY › Section 58.407 - Review of denial or decertification of small business, small diverse business or veteran business enterprise status

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The request for review of denial or
						  decertification shall be made in writing to the Secretary and state the grounds
						  upon which the request is based. Relevant documents, if available, should also
						  be submitted with the request for review.
(b) The Secretary or a designee may reject
						  requests that are untimely, received more than 30 calendar days after the date
						  of the denial/decertification letter, or insufficient and do not raise issues
						  alleging that the denial/decertification is in error.
(c) The Secretary or a designee shall
						  consider the request for review and any response or reply and may request and
						  review additional documents or information they deem necessary to render a
						  decision and may, at their sole discretion, conduct a hearing consistent with
						  §
													58.408 (relating to
						  hearing).
(d) Upon completing an
						  evaluation of the request for review of denial/decertification, the Secretary
						  or a designee shall issue a written determination stating the reasons for the
						  decision. The determination shall be issued within 60 days of the receipt of
						  the request for review of denial or decertification unless extended by consent
						  of the Secretary or a designee and the business that filed the request. The
						  determination shall be the final order of the Department.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article I - GENERAL › Chapter 58 - CONTRACT COMPLIANCE › Subchapter E - SMALL BUSINESS, SMALL › DIVERSE BUSINESS AND VETERAN BUSINESS ENTERPRISE PROGRAMS-STATEMENT OF POLICY › Section 58.408 - Hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Scope.
The Secretary may delegate to a designee the
						  responsibility to conduct a fact-finding hearing and to prepare a report and
						  recommendation. Fact-finding hearings will be held only when the business
						  requests a review of its denial or decertification under §
													58.407 (relating to review of
						  denial or decertification of small business, small diverse business or veteran
						  business enterprise status).
(b)
Purpose.
The fact-finding hearing will be held to determine
						  the operative facts forming the basis for the denial or decertification action
						  as delineated in the notice of denial/decertification provided to the business.
						  The hearing will also determine the sufficiency of the grounds for the review.
						  The fact-finding hearing affords the business an additional opportunity to
						  demonstrate that the facts upon which the denial or decertification are based
						  are insufficient, incorrect or otherwise do not warrant denial or
						  decertification. The business may present information and arguments in
						  accordance with the grounds stated in the request for review indicating why it
						  should not be denied or decertified. Other information may be used by the
						  designee to make a recommendation to the Secretary of the Department.
(c)
Conduct of the hearing.
If a hearing is warranted, it will be conducted under
						  2
						  Pa.C.S. §§
														501'508 and 701'704
						  (relating to practice and procedure of Commonwealth agencies; and judicial
						  review of Commonwealth agency action). If the Department is the moving party,
						  it has the burden of proof.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article I - GENERAL › Chapter 58 - CONTRACT COMPLIANCE › Subchapter E - SMALL BUSINESS, SMALL › DIVERSE BUSINESS AND VETERAN BUSINESS ENTERPRISE PROGRAMS-STATEMENT OF POLICY › Section 58.409 - Agency liaison

Current through Register Vol. 54, No. 28, July 13, 2024
The head of each agency shall designate an employee
							 to be an agency liaison in the administration of that agency's SB programs. The
							 agency liaison shall be a high-level employee reporting directly to a Secretary
							 or agency head who is knowledgeable of agency procurement activity and has the
							 authority to collect, analyze and report agency spend data. The agency liaison
							 is responsible for coordinating agency outreach efforts to the SB community,
							 reviewing agency contracting procedures to ensure compliance with this policy,
							 assisting in the resolution of contracting issues, and submitting required SB
							 program reports or information.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article I - GENERAL › Chapter 58 - CONTRACT COMPLIANCE › Subchapter E - SMALL BUSINESS, SMALL › DIVERSE BUSINESS AND VETERAN BUSINESS ENTERPRISE PROGRAMS-STATEMENT OF POLICY › Section 58.410 - Database of self-certified small businesses and verified small diverse businesses and veteran business enterprises

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department shall publish and maintain
						  in an electronic format available to the general public an online, searchable
						  database listing certified SBs and verified SDBs and VBEs. The online,
						  searchable database shall specify the type of supplies, services, construction
						  or professional services primarily provided by the SB, SDB or VBE and the
						  effective dates and expiration dates of self-certification for each SB and
						  verification for each SDB and VBE. It shall include the address, phone number
						  and contact person for the SB, SDB or VBE. It shall also include all of the
						  following:
(1) Whether the SDB is an MBE,
						  WBE, DOBE, LGBTBE or SDVBE.
(2)
						  Whether the VBE is a veteran-owned small business enterprise or
						  service-disabled veteran-owned small business enterprise.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article I - GENERAL › Chapter 58 - CONTRACT COMPLIANCE › Subchapter E - SMALL BUSINESS, SMALL › DIVERSE BUSINESS AND VETERAN BUSINESS ENTERPRISE PROGRAMS-STATEMENT OF POLICY › Section 58.411 - Small business reserve program

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
(1) The purpose of
						  the Department's SBR program is to increase opportunities for SBs to compete
						  for award of Commonwealth contracts as prime contractors. While the SBR program
						  aims to foster competitive procurements, it does not guarantee every properly
						  certified SB will receive a contract.
(2) Under the SBR program, a business that
						  satisfactorily completes the Department's self-certification process will be
						  deemed a ''small business.'' Only SBs will be eligible to bid or propose as
						  prime contractors for procurements issued under this program. A business is not
						  eligible for an award of a contract issued as a result of an SBR procurement if
						  the Department terminated their SB self-certification after submittal of the
						  bid or proposal but prior to contract award. If the Department terminates an
						  SB's self-certification during the initial contract term, the agency is not
						  required to cancel the contract; however, the agency shall not exercise any
						  contract renewals or options.
(3)
						  Certification and participation in the Department's SBR program is race and
						  gender neutral. However, because SDBs and VBEs must meet the requirements for
						  self-certification as an SB, they will also be eligible to participate in the
						  SBR program. Therefore, for purposes of the SBR program, all references to
						  ''small business'' shall also include SDBs and VBEs.
(4) The Department reserves the right to
						  issue guidelines as necessary with additional details on the operation of the
						  SBR program, which shall be posted on the Department's web
						  site.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article I - GENERAL › Chapter 58 - CONTRACT COMPLIANCE › Subchapter E - SMALL BUSINESS, SMALL › DIVERSE BUSINESS AND VETERAN BUSINESS ENTERPRISE PROGRAMS-STATEMENT OF POLICY › Section 58.412 - Small diverse business program

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Scope.
The provisions of this subchapter shall apply to all
						  procurements within the scope of this policy except for procurements for
						  construction and design professional services.
(b)
Purpose.
To attain the
						  SDB aspirational target, BDISBO, with the cooperation of the issuing agency,
						  shall attempt to set, where required, contract-specific goals for SDB
						  participation. Each contract-specific goal shall be expressed within the
						  solicitation as a percentage of the dollar value of the contract.
(c)
Waivers.
Bidders or
						  offerors may in all instances request a partial waiver or full waiver of a
						  contract-specific goal for SDB participation, as set forth in §
													58.415 (relating to good faith
						  efforts waiver).
(d)
Contract-specific goal setting.
(1) The BDISBO, with the cooperation of the
						  issuing agency, shall assess the potential for an SDB prime contractor and
						  subcontractor participation in each procurement and estimate the amount of
						  participation if any before the solicitation is issued.
(2) In setting a contract-specific goal, the
						  BDISBO and agencies:
(i) May not set a goal
						  that solely relies on the Commonwealth's overall aspirational target or any
						  other jurisdiction's overall percentage goal.
(ii) Must incorporate an analysis of all of
						  the following:
(A) The potential subcontract
						  opportunities available in the procurement, which shall include the provision
						  of supplies or services.
(B) The
						  availability percentages for those subcontract opportunities as derived from
						  the Commonwealth's most recent disparity study.
(C) The number of SDBs listed in the online
						  searchable database of SDBs or otherwise identified as being certified to
						  provide those subcontract opportunities.
(D) The availability of SDBs to respond
						  competitively to the potential subcontract opportunities including geographical
						  proximity, when relevant, and desired work location of SDBs identified under
						  clause (C) to the location of the work to be performed.
(E) The feasibility of subcontracting
						  opportunities given the nature and extent of the proposed contract.
(F) Participation of SDBs on past contracts
						  of similar size, scope and location.
(G) Other factors that contribute to
						  constitutional goal setting.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article I - GENERAL › Chapter 58 - CONTRACT COMPLIANCE › Subchapter E - SMALL BUSINESS, SMALL › DIVERSE BUSINESS AND VETERAN BUSINESS ENTERPRISE PROGRAMS-STATEMENT OF POLICY › Section 58.413 - Construction and design professional services program

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Scope.
The provisions in
						  this section shall apply to all procurements for construction and design
						  professional services.
(b)
Purpose.
To attain the SDB aspirational target, the BDISBO,
						  with the cooperation of the issuing agency, shall attempt to set, where
						  required, contract-specific goals for SDB participation. Each contract-specific
						  goal shall be expressed within the solicitation as a percentage of the dollar
						  value of the contract.
(c)
Waivers.
Bidders or offerors may in all instances request a
						  partial waiver or full waiver of a contract-specific goal for SDB participation
						  as set forth in §
													58.415 (relating to good faith
						  efforts waiver).
(d)
Contract-specific goal setting.
(1) The BDISBO, with the cooperation of the
						  issuing agency, shall assess the potential for SDB participation in each
						  procurement and estimate the amount of participation, if any, before the
						  solicitation is issued.
(2) In
						  setting a contract-specific goal, the BDISBO and agencies:
(i) May not set a goal that solely relies on
						  the Commonwealth's overall aspirational target or any other jurisdiction's
						  overall percentage goal.
(ii) Must
						  incorporate an analysis of all of the following:
(A) The potential subcontract opportunities
						  available in the prime contract, which shall include the provision of supplies
						  or services.
(B) The availability
						  percentages for those subcontract opportunities as derived from the
						  Commonwealth's most recent disparity study;
(C) The number of SDBs listed in the online
						  searchable database of SDBs or otherwise identified as being certified to
						  provide those subcontract opportunities.
(D) The availability of SDBs to respond
						  competitively to the potential subcontract opportunities, including
						  geographical proximity when relevant and desired work location of SDBs
						  identified under clause (C) to the location of the work to be
						  performed.
(E) The feasibility of
						  subcontracting opportunities given the nature and extent of the proposed
						  contract.
(F) Participation of SDBs
						  on past contracts of similar size, scope and location.
(G) Other factors that contribute to
						  constitutional goal setting.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article I - GENERAL › Chapter 58 - CONTRACT COMPLIANCE › Subchapter E - SMALL BUSINESS, SMALL › DIVERSE BUSINESS AND VETERAN BUSINESS ENTERPRISE PROGRAMS-STATEMENT OF POLICY › Section 58.414 - Veteran business enterprise program

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Scope.
The provisions of this subchapter shall apply to all
						  procurements within the scope of this policy.
(b)
Purpose.
To attain the
						  VBE aspirational target, the BDISBO, with the cooperation of the issuing
						  agency, shall attempt to set, where required, contract-specific goals for VBE
						  participation. Each contract-specific goal shall be expressed within the
						  solicitation as a percentage of the dollar value of the contract.
(c)
Waivers.
Bidders or
						  offerors may in all instances request a partial waiver or full waiver of a
						  contract-specific goal for VBE participation as set forth in §
													58.415 (relating to good faith
						  efforts waiver).
(d)
Contract specific goal setting.
(1) The BDISBO, with the cooperation of the
						  issuing agency, shall assess the potential for VBE participation in each
						  procurement and estimate the amount of participation if any before the
						  solicitation is issued.
(2) In
						  setting a contract-specific goal, the BDISBO and agencies shall follow the
						  minimum requirement as set forth in
						  51 Pa.C.S. §
															9603
						  (relating to participation goal) and all of the following:
(i) May not set a contract-specific goal that
						  solely relies on the Commonwealth's overall aspirational target or any other
						  jurisdiction's overall percentage goal.
(ii) May incorporate an analysis of all of
						  the following:
(A) The potential subcontract
						  opportunities available in the prime contract, which shall include the
						  provision of supplies or services.
(B) The number of VBEs listed in the online
						  searchable database of VBEs or otherwise identified as being certified to
						  provide those subcontract opportunities.
(C) The availability of VBEs to respond
						  competitively to the potential subcontract opportunities, including
						  geographical proximity when relevant and desired work location of VBEs
						  identified under clause (B) to the location of the work to be
						  performed.
(D) The feasibility of
						  subcontracting opportunities given the nature and extent of the proposed
						  contract.
(E) Participation of VBEs
						  on past contracts of similar size, scope and location.
(F) Other factors that contribute to
						  constitutional goal setting.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article I - GENERAL › Chapter 58 - CONTRACT COMPLIANCE › Subchapter E - SMALL BUSINESS, SMALL › DIVERSE BUSINESS AND VETERAN BUSINESS ENTERPRISE PROGRAMS-STATEMENT OF POLICY › Section 58.415 - Good faith efforts waiver

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a bidder
						  or offeror believes they will be unable to achieve the contract-specific goal,
						  they may in all instances request a full or partial good faith efforts waiver
						  from the contract-specific goal. A request for a good faith efforts waiver may
						  include all of the following supporting documentation as set forth in the good
						  faith efforts documentation to support the waiver request:
(1) A detailed statement of the efforts made
						  to select portions of the work proposed to be performed by SDBs or VBEs as
						  applicable to increase the likelihood of achieving the stated goals.
(2) A detailed statement of the efforts made
						  to contact and negotiate with SDBs or VBEs as applicable, including all of the
						  following:
(i) The names, addresses, dates,
						  telephone numbers and classification of SDBs or VBEs as applicable that were
						  contacted.
(ii) A copy of the
						  information provided to SDBs or VBEs as applicable regarding the plans,
						  specifications and anticipated time schedule for portions of the work to be
						  performed.
(3) As to each
						  SDB or VBE as applicable that placed a subcontract quotation or offer that the
						  bidder or offeror considers not to be acceptable, a detailed statement of the
						  reasons for this conclusion with supporting documentation.
(4) A list of SDBs or VBEs as applicable
						  found to be unavailable, which shall be accompanied by an unavailability
						  verification form signed by the SDB or the VBE as applicable, or a statement
						  from the bidder or offeror that the SDB or the VBE as applicable refused or
						  failed to give the written verification.
(5) The record of the bidder's or offeror's
						  compliance with the outreach efforts as set forth within the solicitation
						  documentation.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article I - GENERAL › Chapter 58 - CONTRACT COMPLIANCE › Subchapter E - SMALL BUSINESS, SMALL › DIVERSE BUSINESS AND VETERAN BUSINESS ENTERPRISE PROGRAMS-STATEMENT OF POLICY › Section 58.416 - Amendment of commitments post-award

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The selected bidder or offeror cannot
						  alter its overall SDB or VBE commitments or commitments made to individual SDBs
						  or VBEs without written approval from the issuing office and the
						  BDISBO.
(b) The selected bidder or
						  offeror shall notify the contracting officer of the issuing office and the
						  BDISBO when circumstances arise that may negatively impact the selected
						  bidder's or offeror's ability to comply with SDB or VBE commitments.
(c) The selected bidder or offeror may not
						  terminate or otherwise cancel a subcontract with a firm listed on the
						  utilization schedule without showing good cause why the subcontract should be
						  terminated or cancelled, providing a corrective action plan and receiving
						  written approval from the issuing office and the BDISBO.
(d) Both the overall percentage of SDB or VBE
						  commitments and individual SDB or VBE commitments must be maintained in the
						  event the contract is assigned to another prime contractor.
(e) An agency reserves the right to require
						  SDB or VBE participation on change orders or amendments for additional work not
						  already subject to an SDB or a VBE commitment as further described in the
						  solicitation documents.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article I - GENERAL › Chapter 58 - CONTRACT COMPLIANCE › Subchapter E - SMALL BUSINESS, SMALL › DIVERSE BUSINESS AND VETERAN BUSINESS ENTERPRISE PROGRAMS-STATEMENT OF POLICY › Section 58.417 - Compliance with SDB and VBE commitments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To ensure compliance with a prime
						  contractor's SDB and VBE commitments, the BDISBO shall do all of the following:
(1) Verify that the firms listed in the
						  utilization schedule are actually performing work and receiving compensation as
						  set forth in the utilization schedule.
(2) Monitor and collect data on contractor
						  compliance with the prime contractor's SDB or VBE, or both, participation
						  commitments.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article I - GENERAL › Chapter 58 - CONTRACT COMPLIANCE › Subchapter E - SMALL BUSINESS, SMALL › DIVERSE BUSINESS AND VETERAN BUSINESS ENTERPRISE PROGRAMS-STATEMENT OF POLICY › Section 58.418 - Ten-day prompt pay policy

Current through Register Vol. 54, No. 28, July 13, 2024
A prime contractor that has a contract for
							 nonconstruction goods and services shall pay to SB subcontractors the invoiced
							 amount due for work completed or services provided under the subcontract within
							 10 days after receipt of payment from the Commonwealth.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article I - GENERAL › Chapter 58 - CONTRACT COMPLIANCE › Subchapter E - SMALL BUSINESS, SMALL › DIVERSE BUSINESS AND VETERAN BUSINESS ENTERPRISE PROGRAMS-STATEMENT OF POLICY › Section 58.419 - Program review and expiration

Current through Register Vol. 54, No. 28, July 13, 2024
Within 5 years after the effective date of this
							 policy, the Department will review the operation of an evidentiary basis for
							 the SDB program and the program for construction and design professional
							 services to determine whether the Commonwealth has a continuing compelling
							 interest in remedying discrimination against SDBs in its marketplace and the
							 permissive scope of any narrowly tailored remedies to redress discrimination
							 against SDBs so that the Commonwealth will not function as a passive
							 participant in a discriminatory marketplace. This policy shall expire on or
							 before January 1, 2028, unless a disparity study completed by the Commonwealth
							 prior to that date shows a statistically significant disparity in the
							 utilization of SDBs. In that case, the policy shall renew for an additional 5
							 years, with the review and expiration set forth in this section, each occurring
							 every 5 years thereafter until the disparity study shows no statistically
							 significant disparity in the utilization of SDBs.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article I - GENERAL › Chapter 60 - RESPONSIBILITY › Section 60.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
					 prescribes policies and procedures relating to administrative debarment and
					 suspension invoked by the Department to exclude or render ineligible certain
					 persons or firms from participation in contracts and subcontracts within this
					 Commonwealth on the basis of a lack of responsibility. It is directly
					 applicable to contracts of the Department, including contracts for
					 construction, alteration, repair, purchase of personal property, services and
					 disposal of property.
(b) These
					 measures are to be used for the purpose of protecting the interests of the
					 Commonwealth and not for punishment. To assure the Commonwealth the benefits to
					 be derived from the full and free competition of interested parties, these
					 measures will not be instituted for any time longer than deemed necessary to
					 protect the interests of the Commonwealth.