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

Bill Text

• Printer's No. PN1097 View text Current pdf

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill adds a preference for bids or proposals involving American-made supplies, services, or construction in Pennsylvania procurement processes.

• Title 62

  § 3103. Preference for bid or proposal. (a) Authorization.--In the case of competitive sealed bidding or competitive sealed proposals based on price factors, a government agency or school entity authorized to enter a contract for procurement shall: (1) subtract 2% from the bid or proposal of a person submitting the bid or proposal if the procurement that is the subject of the bid or proposal involves American-made supplies, services or construction; and (2) award the contract on the basis of the revised bid or proposal. (b) Documentation.--A government agency or school entity shall require documentation to confirm that a person qualifies for the 2% preference described under subsection (a). (c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "American-made supplies, services or construction." Supplies, services or construction of which at least 75% of the costs for the materials, equipment, products or processes involved with the supplies, services or construction, are derived from the United States. "Contract." A written agreement, regardless of what it may be called, for the procurement or disposal of supplies, services or construction. "Person." An individual, organization, sole proprietorship, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company or other entity or business association that is capable of submitting a bid or proposal to a government agency. "Procurement." As follows: (1) Buying, purchasing, renting, leasing, licensing or otherwise acquiring supplies, services or construction. (2) The term includes all functions that pertain to the obtaining of any supply, service or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract and all phases of contract administration. "School entity." Any of the following: (1) A school district of any class. (2) A public school or private school. (3) A nonpublic school wherein a resident of this Commonwealth may legally fulfill the compulsory school attendance requirements under the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, and that meets the requirements of 42 U.S.C. Ch. 21 Subch. V (relating to federally assisted programs). (4) An intermediate unit. (5) A joint school. (6) An area career and technical school, as described in section 1841 of the Public School Code of 1949. (7) A charter school, cyber charter school or regional charter school, as those terms are defined in section 1703-A of the Public School Code of 1949. (8) A State-related institution. "United States." The United States of America, including all territory, continental or insular, subject to the jurisdiction of the United States.

  This creates a new requirement for a 2% price preference for bids involving American-made products in procurement contracts.

Action History

1. March 24, 2025

   Referred to State Government

Sponsors

• Frank Burns · Primary
• Malcolm Kenyatta · Cosponsor
• Michael H. Schlossberg · Cosponsor
• Jose Giral · Cosponsor
• Ed Neilson · Cosponsor
• Steven R. Malagari · Cosponsor
• John C. Inglis III · Cosponsor
• Joe Ciresi · Cosponsor

Subjects