reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article I - GENERAL › Chapter 60 - RESPONSIBILITY › Section 60.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
						have the following meanings, unless the context clearly indicates
						otherwise:
Affiliates
-Persons having an overt or
						covert relationship such that any one of them directly or indirectly controls
						or has the power to control another.
Bidders
-Vendors or contractors
						negotiating or bidding under an invitation for bids or a request for proposals
						or otherwise.
Commonwealth contracting
-An arrangement
						giving rise to an obligation to supply anything to or perform a service for the
						Commonwealth other than by virtue of Commonwealth employment or to supply
						anything to or perform services for a private person where the Commonwealth
						provides financial assistance and retains the right to approve or disapprove
						the nature or quality of the goods or service or the persons who may supply or
						perform the same.
Debarment
-An exclusion from Commonwealth
						contracting for a reasonable, specified period of time commensurate with the
						seriousness of the offense or failure or the inadequacy of performance.
Department
-The Department of General
						Services of the Commonwealth.
Person
-An individual, company, firm,
						association, corporation or other entity.
Secretary
-The Secretary of the
						Department.
Suspension
-An exclusion from
						Commonwealth contracting or subcontracting for a temporary period of time,
						pending the completion of an investigation or legal
						proceedings.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article I - GENERAL › Chapter 60 - RESPONSIBILITY › Section 60.3 - Causes for debarment

Current through Register Vol. 54, No. 28, July 13, 2024
The Secretary or his authorized representative is
						authorized to debar in the public interest a person for the following
						causes:
(1) Commission of a criminal
					 offense as an incident to obtaining or attempting to obtain a public or private
					 contract or subcontract thereunder or in the performance of the contract or
					 subcontract.
(2) Violation of the
					 antitrust statutes.
(3) Violation
					 of election laws.
(4) Commission of
					 embezzlement, theft, forgery, bribery, falsification or destruction of records,
					 receiving stolen property, or another offense indicating a lack of business
					 integrity or honesty.
(5) Violation
					 of a governing hour of labor, minimum wage standards or prevailing wage
					 standards; discrimination in wages; or child labor violations.
(6) Violation of the Pennsylvania Human
					 Relations Act (43 P. S. §
												§
												951-963).
(7) Willful failure to perform in accordance
					 with the specifications or within contractural time limits.
(8) A record of failure to perform or of
					 unsatisfactory performance in accordance with the terms of one or more
					 contracts; provided, that the failure or unsatisfactory performance was within
					 a reasonable period of time preceding the determination to debar and was caused
					 by acts within the control of the contractor debarred.
(9) Providing false or misleading information
					 as part of a prequalification statement, including but not limited to financial
					 statements, equal opportunity employment forms, affidavits of compliance with
					 prevailing wage statutes and product descriptive literature.
(10) Other cause affecting responsibility as
					 a Commonwealth contractor, as may be determined by the Secretary to warrant
					 debarment.
(11) Debarment by some
					 other department or agency of the Commonwealth or other state or the Federal
					 government.
This section cited in 4 Pa. Code §
													60.4 (relating to conditions); and
						  4 Pa. Code §
													60.7 (relating to
						  suspension).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article I - GENERAL › Chapter 60 - RESPONSIBILITY › Section 60.4 - Conditions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Debarment or
					 suspension for any cause will be made only upon approval of the Secretary or
					 his duly authorized representative and an Assistant Counsel.
(b) The existence of any of the causes set
					 forth in §
											60.3 (relating to cause for
					 debarment) does not necessarily require that persons be debarred or suspended.
					 In each instance, the decision will be made within the discretion of the
					 Secretary, unless otherwise required by law, and will be rendered in the best
					 interests of the Commonwealth. Mitigating factors may be considered in
					 determining whether debarment or suspension is warranted.
(c) The existence of a cause set forth in
					 §
											60.3(1)-(4) will
					 be established by conviction by or a judgment obtained in a court of competent
					 jurisdiction. In the event that an appeal taken from the judgment or conviction
					 results in a reversal thereof, the debarment or suspension will be removed upon
					 request of the affected person unless other cause exists.
(d) The existence of a cause set forth in
					 §
											60.3(5)-(11) will
					 be established by evidence which the Department determines to be clear and
					 convincing in nature.
(e) Debarment
					 or suspension for the cause set forth in §
											60.3(11) will be
					 proper provided that one of the causes set forth in §
											60.3(1)-(10) was
					 the basis for debarment or suspension by the original agency. The action may be
					 based entirely on the record of facts obtained by the original governmental
					 entity or upon a combination of the facts and additional facts.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article I - GENERAL › Chapter 60 - RESPONSIBILITY › Section 60.5 - Period and scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Debarments
					 will be for a reasonable, definitely stated period of time, commensurate with
					 the seriousness of the cause therefor. As a general rule, debarment will not
					 exceed 3 years. Debarment for an additional period will be permitted provided
					 that notice thereof is furnished and opportunity for opposition is given in
					 accordance with §
											60.6 (relating to procedure).
					 Debarment may be modified by reducing the period thereof when justified by the
					 circumstances.
(b) Debarment may
					 include known affiliates provided that each decision to include an affiliate is
					 made on a case-by-case basis after giving due regard to relevant facts and the
					 circumstances. The fraud or criminal conduct of an individual may be imputed to
					 the business firm with which he is connected when the impropriety involved was
					 performed in the course of official duty or with the knowledge or approval of
					 the business firm.
(c) The
					 Secretary, at his discretion, may permit contracting with the Commonwealth by a
					 debarred person to a limited extent in order to provide an opportunity to
					 demonstrate responsibility for consideration on modifying or reducing the
					 period of debarment.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article I - GENERAL › Chapter 60 - RESPONSIBILITY › Section 60.6 - Procedure for debarment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Department will furnish the person and its known affiliates with written notice
					 of a proposed debarment stating:
(1) That
					 debarment is being considered.
(2)
					 The reasons for the proposed debarment.
(3) The period of time to be afforded to
					 present information for consideration.
(4) That no contracts will be awarded pending
					 the debarment determination.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article I - GENERAL › Chapter 60 - RESPONSIBILITY › Section 60.7 - Suspension

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Cause.
The Secretary or his authorized representative may, in
					 the interest of the Commonwealth, upon approval by an Assistant Counsel,
					 suspend a person:
(1) Suspected, upon prima
					 facie evidence, of the causes set forth in §
												60.3 (relating to cause for
					 debarment).
(2) For other causes of
					 a serious and compelling nature, affecting responsibility as a Commonwealth
					 contractor or subcontractor, as may be determined by the Secretary to justify
					 suspension.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article II - CONSTRUCTION › Chapter 66 - EMPLOYMENT VERIFICATION- STATEMENT OF POLICY › Section 66.1 - Background and purpose

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To prevent
					 unauthorized employment, the Federal government created the EVP to ensure that
					 companies employ a legal workforce. The EVP is an Internet-based program
					 operated by the United States Department of Homeland Security that compares
					 information from an employee-s Form I-9, Employment Eligibility Verification,
					 to data from United States Department of Homeland Security and Social Security
					 Administration records to confirm employment eligibility.
(b) The purpose of this chapter is to set
					 forth the Department-s policy guidelines for the scope, administration and
					 enforcement of the act.
(c) The
					 Department is responsible to implement the Commonwealth-s process of
					 notification, investigation and compliance with the act. Contractors and
					 subcontractors performing work on a public works project shall comply with the
					 act as set forth in this chapter by utilizing the EVP.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article II - CONSTRUCTION › Chapter 66 - EMPLOYMENT VERIFICATION- STATEMENT OF POLICY › Section 66.2 - Scope of work subject to the EVP

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The act applies to public works contractors and subcontractors performing on a
					 public works contract paid for in whole or in part out of the funds of a public
					 body when the cost of the total project is in excess of $25,000.
(b) The cost of the total project must
					 include the sum of prime contracts to be issued by the public body for the
					 project.
(c) To the extent the cost
					 of the total project is in excess of $25,000, contracts and subcontracts,
					 regardless of value, shall comply with the act.
(d) The act does not apply to maintenance
					 work or work performed under a manpower or rehabilitation training
					 program.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article II - CONSTRUCTION › Chapter 66 - EMPLOYMENT VERIFICATION- STATEMENT OF POLICY › Section 66.3 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
						have the following meanings, unless the context clearly indicates
						otherwise:
Act
-The Public Works Employment
						Verification Act (71 P.S. §§
												656.1-656.11).
Contract
-A type of written agreement,
						regardless of what it may be called, for the procurement of construction
						work.
Department
-The Department of General
						Services.
EVP-E-Verify program
-The program
						operated by the United States Department of Homeland Security that
						electronically verifies employment eligibility.
Employee
-An individual hired by a public
						works contractor or a subcontractor for whom a public works contractor or
						subcontractor is required by law to file a Form W-2 with the Internal Revenue
						Service.
Form
-Public Works Employment
						Verification Form.
Maintenance work
-Annual inspection or
						routine upkeep of an existing facility which does not alter the use or size of
						the facility.
Public body
-The Commonwealth, its
						political subdivisions, authorities created by the General Assembly of the
						Commonwealth and instrumentalities or agencies of the Commonwealth.
Public works
-
(i) The construction, reconstruction,
					 demolition, alteration or repair work other than maintenance work done under
					 contract and paid for in whole or in part out of the funds of a public body
					 when the estimated cost of the total project is in excess of $25,000.
(ii) The term does not include work performed
					 under a manpower or rehabilitation training program.
Public works contractor
-A contractor
						that provides work under a contract involving public works.
Secretary
-The Secretary of the
						Department.
Subcontractor
-
(i) A person, other than a natural person,
					 including a staffing agency, that performs work for a public works contractor
					 under a contract for public works.
(ii) The term includes subcontractors of
					 every level, that is, sub-subcontractors, sub-sub-subcontractors, and the
					 like.
(iii) The term does not
					 include persons that supply materials for a project.
Willful
-An action or conduct undertaken
						intentionally or with reckless disregard for or deliberate ignorance of the
						requirements and obligations established under the act.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article II - CONSTRUCTION › Chapter 66 - EMPLOYMENT VERIFICATION- STATEMENT OF POLICY › Section 66.4 - General requirements for public works contractors and subcontractors

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Public works
					 contractors and every subcontractor performing work under a public works
					 contract shall utilize the EVP to verify the employment eligibility of each new
					 employee.
(b) Public works
					 contractors and every subcontractor performing work under a public works
					 contract shall submit the Form to the contracting public body to ensure
					 compliance with the EVP.
(c) In
					 addition to the Form, public works contractors and every public works
					 subcontractor shall maintain documentation of continued compliance with the act
					 by utilizing the EVP to verify all new employees hired throughout the duration
					 of the public work contract.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article II - CONSTRUCTION › Chapter 66 - EMPLOYMENT VERIFICATION- STATEMENT OF POLICY › Section 66.5 - Specific requirements for public works contractors

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As a precondition to the award of a
					 contract for public work, a public works contractor shall submit a completed
					 Form to the public body that is bidding and awarding the public work contract.
					 Throughout the duration of a public works contract, a new employee hired by a
					 public works contractor, regardless of whether he will be working onsite or
					 offsite of a public work or otherwise, shall be verified within 5 business days
					 of his start date.
(b) Subcontracts
					 between a public works contractor and its subcontractors are required to
					 contain notification of the applicability of the act, information regarding the
					 use of the EVP and reference to the Department-s web site at
www.dgs.state.pa.us
to obtain a copy
					 of the Form.
(c) A public works
					 contractor shall cooperate with the Department during an investigation or audit
					 arising under the act.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article II - CONSTRUCTION › Chapter 66 - EMPLOYMENT VERIFICATION- STATEMENT OF POLICY › Section 66.6 - Specific requirements for public works subcontractors

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior to beginning either onsite or
					 offsite work on a public works project, every subcontractor shall submit a
					 completed Form to the contracting public body. During a public works contract,
					 a new employee hired by a public works subcontractor, regardless of whether he
					 will be working onsite or offsite of a public work or otherwise, shall be
					 verified within 5 business days of his start date.
(b) Subcontracts between a subcontractor and
					 its subcontractors are required to contain notification of the applicability of
					 the act, information regarding the use of the EVP and reference to the
					 Department-s web site at
www.dgs.state.pa.us
to obtain a copy of the
					 Form.
(c) A subcontractor shall
					 cooperate with the Department during an investigation or audit arising under
					 the act.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article II - CONSTRUCTION › Chapter 66 - EMPLOYMENT VERIFICATION- STATEMENT OF POLICY › Section 66.7 - Public Works Employment Verification Form

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Form for use by public bodies, public
					 works contractors and subcontractors is posted on the Department-s web site at
www.dgs.state.pa.us
. The Form may not
					 be changed or altered.
(b) The Form
					 shall be signed by an authorized representative of the public works contractor
					 or subcontractor. The representative shall have sufficient knowledge to make
					 the representations and certifications in the Form.
(c) The Department may require the public
					 works contractor or subcontractor to provide supporting documentation that the
					 representative signing the Form had authority to legally bind the public works
					 contractor or subcontractor.
(d)
					 The submitted Forms shall be retained by the public body for the duration of
					 the public work contract.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article II - CONSTRUCTION › Chapter 66 - EMPLOYMENT VERIFICATION- STATEMENT OF POLICY › Section 66.8 - Violations

Current through Register Vol. 54, No. 28, July 13, 2024
A public works contractor or subcontractor violates the
						act if it does either of the following:
(1) Fails to verify the employment
					 eligibility of a new employee through EVP in accordance with the act and this
					 chapter.
(2) Makes a false
					 statement or misrepresentation in connection with the completion or submission
					 of the Form to a public body.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article II - CONSTRUCTION › Chapter 66 - EMPLOYMENT VERIFICATION- STATEMENT OF POLICY › Section 66.9 - Enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will enforce the act through
						investigations, audits, sanctions and civil penalties in accordance with the
						following guidelines.
(1)
Investigations of complaints.
The Department will accept,
					 review and investigate timely and credible complaints filed on the Complaint
					 Form posted on the Department-s web site.
(i)
					 A complaint must contain sufficient information to enable the Department to
					 investigate the allegation. The Department reserves the right to reject
					 complaints that do not provide sufficient information.
(ii) The Department will also consider the
					 timeliness of the complaint in assessing its credibility. A complaint is
					 generally considered timely if it is filed prior to the date on which final
					 payment is issued on the public works contract.
(iii) Public bodies, public works contractors
					 and subcontractors shall cooperate with the Department during the investigation
					 of a complaint.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article II - CONSTRUCTION › Chapter 67b - COMMONWEALTH OF PENNSYLVANIA UNIVERSAL RESTROOM POLICY-STATEMENT OF POLICY › Section 67b.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The Commonwealth complies with Federal and State laws
						regarding nondiscrimination and strives to promote access and accommodation for
						all employees and visitors. The Commonwealth recognizes that employees and
						visitors may require special restroom accommodations for their health, safety,
						convenience or privacy. The underlying purpose of this chapter is to establish
						guidelines for the design and implementation of universal restrooms and
						restroom facilities, and to ensure that, to the extent feasible, Commonwealth
						buildings include universal single occupancy restroom facilities that are safe,
						accessible and convenient to all citizens.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article II - CONSTRUCTION › Chapter 67b - COMMONWEALTH OF PENNSYLVANIA UNIVERSAL RESTROOM POLICY-STATEMENT OF POLICY › Section 67b.2 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
					 applies to all Capital Projects for new construction and, to the extent
					 feasible, renovations of existing buildings. The requirements in this chapter
					 apply to Capital Projects administered by all Commonwealth agencies and to
					 Capital Projects that the Department delegates to other agencies or
					 institutions. Deviations from this chapter require the written approval of the
					 Secretary of General Services or a designee.
(b) This policy will be incorporated into all
					 Agreements for Professional Services for new Capital Projects for new
					 construction and, to the extent feasible, renovations of existing buildings.
					 This policy will also be included as a condition of the Department's delegated
					 Capital Projects.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article II - CONSTRUCTION › Chapter 67b - COMMONWEALTH OF PENNSYLVANIA UNIVERSAL RESTROOM POLICY-STATEMENT OF POLICY › Section 67b.3 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
						have the following meanings, unless the context clearly indicates
						otherwise:
Capital Projects
-Projects listed in a
						capital budget project itemization act.
Commonwealth buildings
-Buildings owned
						by the Commonwealth or owned by a Commonwealth agency.
Gender-specific single occupancy
						restroom
-A single occupancy restroom that has been designated men or
						women.
Universal single occupancy restroom
-Any
						single occupancy restroom that does not designate a gender and can be used by
						anyone.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article II - CONSTRUCTION › Chapter 67b - COMMONWEALTH OF PENNSYLVANIA UNIVERSAL RESTROOM POLICY-STATEMENT OF POLICY › Section 67b.4 - Universal restroom policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At
					 least one universal single occupancy restroom will be created per floor/story
					 for each floor/story that contains restrooms in all Capital Projects for new
					 construction. To the extent feasible, at least one universal single occupancy
					 restroom should be created in all renovations of existing Commonwealth
					 buildings. To the extent feasible, all gender-specific single occupancy
					 restrooms within existing Commonwealth buildings will be converted to universal
					 single occupancy restrooms.
(b) The
					 location of the universal single occupancy restrooms will be determined in
					 consultation with the Department based upon the operational needs of the agency
					 or institution.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article II - CONSTRUCTION › Chapter 67b - COMMONWEALTH OF PENNSYLVANIA UNIVERSAL RESTROOM POLICY-STATEMENT OF POLICY › Section 67b.5 - Required design standards

Current through Register Vol. 54, No. 28, July 13, 2024
All newly-constructed and renovated single occupancy
						restrooms subject to this chapter must:
(1) Utilize appropriate signage as designated
					 by the Department that indicates a universal single occupancy
					 restroom.
(2) Comply with all
					 applicable Federal, State and local codes, laws and regulations including the
					 following:
(i) All requirements in the
					 Americans with Disabilities Act of 1990 (ADA) (42 U.S.C.A. §§
													12101-12213 ) applicable to
					 single-occupancy restrooms, including ADA lever/ closer hardware with secured
					 locks that include occupancy indicators.
(ii) International Building Code
					 accessibility requirements for single-occupant toilet rooms.
(iii) Uniform Construction Code.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article II - CONSTRUCTION › Chapter 67b - COMMONWEALTH OF PENNSYLVANIA UNIVERSAL RESTROOM POLICY-STATEMENT OF POLICY › Section 67b.6 - Recommended design standards

Current through Register Vol. 54, No. 28, July 13, 2024
The following recommended design standards should be
						included in universal single occupancy restrooms when appropriate and
						feasible:
(1) A changing
					 station.
(2) A sanitary napkin
					 disposal container.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article II - CONSTRUCTION › Chapter 67c - NURSING MOTHERS ROOM CONSTRUCTION-STATEMENT OF POLICY › Section 67c.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The Commonwealth complies with Federal and State laws,
						regulations and policies including but not limited to section 4207 of the
						Patient Protection and Affordable Care Act which contains requirements for
						providing accommodations for nursing mothers, and Human Resources Policy
						HR-WS001, Nursing Mothers Rooms which establishes a Commonwealth-wide policy
						that accommodates nursing mothers who wish to express breast milk while at
						work. This chapter establishes standard guidelines for the construction of
						Nursing Mothers Rooms in Commonwealth buildings.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article II - CONSTRUCTION › Chapter 67c - NURSING MOTHERS ROOM CONSTRUCTION-STATEMENT OF POLICY › Section 67c.2 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
					 applies to the new construction of Commonwealth-owned buildings, new
					 Commonwealth-leased buildings, and, where feasible, renovations of existing
					 Commonwealth-owned buildings and Commonwealth-leased buildings. Deviations from
					 this policy require the written approval of the Secretary of General Services
					 or his designee. Independent agencies, State-affiliated entities, and
					 state-related institutions are strongly encouraged to implement this policy for
					 any owned or leased buildings not covered by this chapter.
(b) This policy will be incorporated into all
					 Agreements for Professional Services for the design of new and renovated
					 Commonwealth-owned buildings and into the terms of new or amended
					 Commonwealth-leased buildings.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article II - CONSTRUCTION › Chapter 67c - NURSING MOTHERS ROOM CONSTRUCTION-STATEMENT OF POLICY › Section 67c.3 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter
						have the following meanings, unless the context clearly indicates
						otherwise:
Nursing Mothers Room
-A private space
						available to nursing mothers to express breast milk.
Commonwealth-owned buildings
-Buildings
						subject to the control and supervision of the Department as set forth in
						Section 2402(a) of the Administrative Code of 1929 (71 P.S. §
												632(a)), Capital Projects
						administered by all Executive agencies, and Capital Projects that the
						Department delegates to other agencies or institutions.
Commonwealth-leased buildings
-Buildings
						leased by the Commonwealth of Pennsylvania for use and occupancy by any
						Commonwealth agency, board or commission over which Department of General
						Services maintains the authority to lease under Section 2402(d) of the
						Administrative Code of 1929 (71 P.S. §
												632(d)).
Capital Projects
-Those projects listed
						in a Capital Budget Project Itemization Act.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article II - CONSTRUCTION › Chapter 67c - NURSING MOTHERS ROOM CONSTRUCTION-STATEMENT OF POLICY › Section 67c.4 - Nursing Mothers Room construction policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At least one Nursing Mothers Room must be
					 created in all new Commonwealth-owned buildings and Commonwealth-leased
					 buildings. To the extent feasible, at least one Nursing Mothers Room must be
					 included in all renovations of existing Commonwealth-owned buildings and
					 Commonwealth-leased buildings.
(b)
					 The location of Nursing Mothers Rooms will be determined in consultation with
					 the Department based upon the operational needs of the agency or
					 institution.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article II - CONSTRUCTION › Chapter 67c - NURSING MOTHERS ROOM CONSTRUCTION-STATEMENT OF POLICY › Section 67c.5 - Nursing Mothers Room design requirements

Current through Register Vol. 54, No. 28, July 13, 2024
All Nursing Mothers Rooms created under this chapter
						must:
(1) Be in a location that
					 complies with the Americans with Disabilities Act (ADA). All accessories,
					 equipment, furniture and casework shall be provided and installed to comply
					 with ADA requirements, including but not limited to accessibility clearances
					 and regulations.
(2) Have a minimum
					 square footage of 80 net useable square feet.
(3) Have a privacy latch or locking door
					 hardware, or both so that the door can be locked from the inside.
(4) Provide visual privacy to the space by
					 modifying or covering windows, sidelights and doors.
(5) Provide sound privacy to the space to
					 minimize sound transmission into adjacent spaces, including using sound
					 attenuation insulation if possible.
(6) Include a chair and table, countertop or
					 desk. The chair must be upholstered, cushioned, have armrests, a high back and
					 be of standard seating height.
(7)
					 Provide at least one electrical duplex outlet next to where the individual will
					 be seated.
(8) Contain a waste
					 receptacle.
(9) Meet standard
					 office level illumination and ventilation requirements.
(10) Not be a restroom, toilet stall, storage
					 room or janitor's closet.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article II - CONSTRUCTION › Chapter 67c - NURSING MOTHERS ROOM CONSTRUCTION-STATEMENT OF POLICY › Section 67c.6 - Nursing Mothers Room design recommendations

Current through Register Vol. 54, No. 28, July 13, 2024
Nursing Mothers Rooms created under this chapter
						should:
(1) Provide a sink within the
					 Nursing Mothers Room or be adjacent to a kitchenette, breakroom or women's
					 restroom with a sink installed in casework to provide the space necessary to
					 clean equipment and containers.
(2)
					 Contain a refrigerator.
(3) Contain
					 additional electrical outlets throughout the room for greater flexibility in
					 room use/furniture placement, including GFI outlets near any sink
					 locations.
(4) Contain a paper
					 towel and soap dispenser, or if the room does not contain a sink, a wet wipe
					 dispenser.
(5) Contain outlets for
					 voice/data access to allow for possible multipurpose use.
(6) Contain a mirror, preferably
					 full-length.
(7) Include lockers or
					 other facilities to store personal items and equipment.
(8) Contain a coat hook.
(9) Contain exterior hardware that displays
					 the word "occupied" when the door is locked.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article III - PROCUREMENT › Chapter 68 - CONTRACT COMPLIANCE › Subchapter A - CONTRACT COMPLIANCE-PREQUALIFICATION OF VENDORS AND NONCONSTRUCTION CONTRACTORS › GENERAL PROVISIONS › Section 68.1 - Summary of controlling law and regulations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A Director of Contract Compliance
						  operating within the Human Relations Commission, assisted by a Contract
						  Compliance Officer functioning in the Department of General Services, will
						  assemble relevant employment information and review compliance procedures of
						  entities holding State contracts with a view toward determining whether
						  contractors are in compliance with the law, Executive Orders and
						  regulations.
(b) In a case where a
						  contractor is found not to be in compliance, he shall, after consultation with
						  the Department of General Services Contract Compliance Officer, make a specific
						  commitment in writing, which may include adoption of an affirmative action
						  program as described in 16 Pa. Code §
													§
													49.51-49.52 (relating to affirmative
						  action program), to correct deficiencies as are found. Reference should be made
						  to 16 Pa. Code §
													49.37 (relating to notifying
						  contractor).
(c) When an
						  Affirmative Action Program exists, no contractor's compliance status shall be
						  judged solely by whether or not he reaches his goals or meets his timetables.
						  Rather, a contractor's compliance posture can be determined by reviewing the
						  contents of his program, the extent of his adherence to the program and his
						  good faith efforts to make the program work toward a realization of goals
						  within the timetables set for completion. Reference should be made to 16 Pa.
						  Code §
													49.61 (relating to compliance
						  status).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article III - PROCUREMENT › Chapter 68 - CONTRACT COMPLIANCE › Subchapter A - CONTRACT COMPLIANCE-PREQUALIFICATION OF VENDORS AND NONCONSTRUCTION CONTRACTORS › GENERAL PROVISIONS › Section 68.2 - Imposition of sanctions

Current through Register Vol. 54, No. 28, July 13, 2024
In cases where efforts of the Department of General
							 Services Contract Compliance Officer are unsuccessful in producing amicable and
							 voluntary compliance, the officer may issue an order giving the contractor 30
							 days to show cause why sanctions as defined by 16 Pa. Code §
													49.71 (relating to generally) may
							 not be imposed. The sanctions may include one or more of the following:
(1) Publication of names of noncomplying
						  contractors, and, also, labor unions if the latter are a cause of
						  noncompliance.
(2) Recommendation
						  to the Attorney General for enforcement action by injunction and
						  otherwise.
(3) Recommendation to
						  the appropriate law enforcement agency for enforcement by institution of
						  criminal proceedings.
(4) Ordering
						  the fixed-period suspension or termination of the contract agreement, with
						  noncompliance for the fixed period-not less than 30 days-to be considered a
						  material breach giving a right to damage actions against the contractor or
						  surety, or both.
(5) Providing that
						  Commonwealth departments, agencies and commissions shall refrain from entering
						  into further State contracts or modifying existing contracts with any
						  noncomplying contractor and that the prequalification of a prequalified
						  noncomplying contractor be revoked until the contractor has satisfied the
						  agency or Human Relations Commission that it will carry out policies complying
						  with 16 Pa. Code Chapter 49 (relating to contract compliance). Reference should
						  be made to 16 Pa. Code § 49.71.
This section cited in 4 Pa. Code §
															68.3 (relating to hearing and
								appeal procedures).
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article III - PROCUREMENT › Chapter 68 - CONTRACT COMPLIANCE › Subchapter A - CONTRACT COMPLIANCE-PREQUALIFICATION OF VENDORS AND NONCONSTRUCTION CONTRACTORS › GENERAL PROVISIONS › Section 68.3 - Hearing and appeal procedures

Current through Register Vol. 54, No. 28, July 13, 2024
Upon issuance of the 30-day show cause notice as set
							 forth in §
													68.2 (relating to imposition of
							 sanctions), the contractor may request a hearing, as provided by
							 2
							 Pa.C.S. §
														§
														501-508 and
							 701-704 (relating to
							 Administrative Agency Law) before the Department of General Services Hearing
							 Examiner certified by the General Counsel and Human Relations Commission. If a
							 request for hearing is not made within the time provided by law, the sanctions
							 described in the 30-day show cause notice will be imposed immediately. Rights
							 of the contractor as to the hearing and appeals shall be as provided by
							 2
							 Pa.C.S. §
														§
														501-508 and
							 701-704.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article III - PROCUREMENT › Chapter 68 - CONTRACT COMPLIANCE › Subchapter A - CONTRACT COMPLIANCE-PREQUALIFICATION OF VENDORS AND NONCONSTRUCTION CONTRACTORS › NONDISCRIMINATION CLAUSE › Section 68.61 - Nondiscrimination clause; compliance prequalification

Current through Register Vol. 54, No. 28, July 13, 2024
Title 16
Pennsylvania Code
§
													49.101 (relating to
							 nondiscrimination clause) requires that a "Nondiscrimination Clause," as
							 contained in that section, be incorporated in and made a part of Department
							 contract documents. It is the policy of the Department of General Services that
							 the regulations themselves and guidelines issued in connection therewith by the
							 Human Relations Commission be considered inherent in Department contracting
							 procedures. It is also the policy of the Department that each bidder-contractor
							 seeking award of a Department contract shall prequalify for such award. For
							 contract compliance purposes, the contractor shall submit annually an executed
							 document evidencing the bidder-contractor's agreement to conform to the
							 provisions of the nondiscrimination clause. The contractor will be required to
							 furnish certain information and reports applicable to contract compliance
							 procedures. The form of document is set forth in Exhibit A to Chapter 63
							 (relating to general conditions of the contract), and separate copies of the
							 document will be made available to bidder-contractors in order to facilitate
							 compliance with this section.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart C - CONSTRUCTION AND PROCUREMENT › Article III - PROCUREMENT › Chapter 68 - CONTRACT COMPLIANCE › Appendix A

Current through Register Vol. 54, No. 28, July 13, 2024
(
Editor's Note:
1 Pa. Code §
											3.13(b) (relating
						to contents of Bulletin) gives the Legislative Reference Bureau discretion to
						exclude from publication in the Pennsylvania Bulletin classes of documents
						which are voluminous and applicable only to Commonwealth property or contracts
						or agency organization, management or personnel. Section
						3.13(c) requires
						the Bureau to publish and codify a summary table of documents filed under
						§ 3.13(b).)
(1) Administrative Circular No. 91-47, Dated December 30,
						1991. Commodity Contract Status.
(2) Administrative Circular No. 92-1, Dated January 3,
						1992. Standard Blue Back Contracts for Automated Technology Resources
						Procurements.
(3) Administrative Circular No. 92-20, Dated May 7, 1992.
						Commodity Contract States.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart D - AUTOMOBILES › Chapter 71 - COMMONWEALTH PARKING FACILITIES › GENERAL PROVISIONS; ALLOCATION OF PARKING PERMITS › Section 71.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter has been promulgated to effect maximum
						utilization of parking facilities available for use by Commonwealth employes
						and to provide standard rules and regulations for the administration and
						management of the parking facilities.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart D - AUTOMOBILES › Chapter 71 - COMMONWEALTH PARKING FACILITIES › GENERAL PROVISIONS; ALLOCATION OF PARKING PERMITS › Section 71.2 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Commonwealth will recognize to the best of its ability its responsibility for
					 providing parking facilities for those employes who are required to travel by
					 privately owned vehicle to their place of employment. It should be realized,
					 however, that the Commonwealth is unable to provide parking facilities for all
					 employes.
(b) Parking permits will
					 be allocated on the basis of Capitol Complex Employe Complement of each
					 department, board, or commission.
(c) The head of each department, board, or
					 commission with offices and employe complement in the Capitol Complex area
					 shall name an individual to act as parking officer to function in his stead in
					 all matters peculiar to the administration and management of that part of the
					 Commonwealth Parking System as pertains to his agency. The name, title,
					 telephone number and office address of the parking officer, hereafter referred
					 to as Departmental Parking Officer, shall be furnished to the Commonwealth
					 Parking Officer, Department of General Services.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart D - AUTOMOBILES › Chapter 71 - COMMONWEALTH PARKING FACILITIES › GENERAL PROVISIONS; ALLOCATION OF PARKING PERMITS › Section 71.3 - Responsibilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Commonwealth
					 Parking Officers shall have the following duties:
(1) To allocate parking spaces for use of
					 Capitol Complex Employe Complement of departments, boards and commissions, of
					 the Commonwealth.
(2) To establish
					 and define parking assignment reporting requirements.
(3) To maintain appropriate records of
					 parking allocations and assignments.
(4) To respond to or refer inquiries relative
					 to assignment of parking permits to the appropriate parking officer.
(5) To procure and furnish department Parking
					 Officers with adequate supplies of permanent and temporary parking
					 permits.
(6) To coordinate all
					 matters peculiar to special policing requirements of parking areas with the
					 Superintendent-Capitol Police, Department of General Services.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart D - AUTOMOBILES › Chapter 71 - COMMONWEALTH PARKING FACILITIES › GENERAL PROVISIONS; ALLOCATION OF PARKING PERMITS › Section 71.4 - Suggested priorities for parking assignments

Current through Register Vol. 54, No. 28, July 13, 2024
The following priorities should be given prime
						consideration in the assignment of parking spaces:
(1) Officials requiring the car for
					 performance of assigned duties, such as department heads or other officials
					 using the car during the day for official business.
(2) Handicapped employe, who cannot reach
					 employment except by his own car, due to disability.
(3) Commuter, from an area beyond public
					 transportation, who cannot reach employment except by his own car.
(4) State car, regularly assigned, which must
					 be parked near the agency for daily business use. On the parking permits for
					 State cars, the bureau, division, or other unit designation shall be listed in
					 the name and address column along with the license number and
					 category.
(5) Car pools. For car
					 pools, a permit shall be assigned to a principal driver and recorded as such by
					 the Departmental Parking Officer, along with alternate drivers. The alternate
					 driver may use this permit during any absence of the principal driver, if
					 duplicate bumper permits have not been issued.
(6) Irregular working hours.
Pennsylvania Code › Title 4 - ADMINISTRATION › Part III - DEPARTMENT OF GENERAL SERVICES › Subpart D - AUTOMOBILES › Chapter 71 - COMMONWEALTH PARKING FACILITIES › GENERAL PROVISIONS; ALLOCATION OF PARKING PERMITS › Section 71.5 - Trading assigned parking permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Departmental Parking Officer shall approve or disapprove the trading of
					 assigned permits between employes of his department.
(b) The trading of assigned permits between
					 employes of different departments is prohibited and the Departmental Parking
					 Officers shall recall the parking permit from the assignee.