Pennsylvania HB 1259: An Act amending Title 62 (Procurement) of the Pennsylvania Consolidated Statutes, in source selection and contract formation, providing for additional qualifications for public work projects; imposing duties on the Office of State Inspector General; and imposing penalties.

Bill Text

PRINTER'S NO. 1404
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1259
Session of
2025
INTRODUCED BY SIEGEL, KRUEGER, MALAGARI, PIELLI, FIEDLER,
WAXMAN, PROKOPIAK, HILL-EVANS, GIRAL, MERSKI, McNEILL, DALEY,
KENYATTA, BRENNAN, SCHWEYER, MADDEN, KHAN, DONAHUE, SANCHEZ,
BOYD, DAVIDSON, DEASY, OTTEN, WARREN, RIVERA, CERRATO,
CIRESI, STEELE, SCHLOSSBERG AND O'MARA, APRIL 17, 2025
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, APRIL 17, 2025
AN ACT
Amending Title 62 (Procurement) of the Pennsylvania Consolidated
Statutes, in source selection and contract formation,
providing for additional qualifications for public work
projects; imposing duties on the Office of State Inspector
General; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 5 of Title 62 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER D.1
ADDITIONAL QUALIFICATIONS FOR PUBLIC WORK PROJECTS
Sec.
539. Definitions.
539.1. Applicability.
539.2. Forms.
539.3. Responsibilities of purchasing agency.
539.4. Additional qualifications.
539.5. Enforcement, penalties and remedies.
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539.6. Criminal penalty.
§ 539. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Apprenticeship program." As follows:
(1) An apprenticeship training program that is approved
by and registered with the Department of Labor and Industry
under the act of July 14, 1961 (P.L.604, No.304), known as
The Apprenticeship and Training Act, and that provides for
on-the-job training, classroom training and the graduation of
apprentice trainees to journeyperson status.
(2) The term includes an apprenticeship program subject
to ERISA or a non-ERISA program.
"ERISA." The Employee Retirement Income Security Act of 1974
(Public Law 93-406, 88 Stat. 829).
"Public work contract." A contract for a public work
project.
"Public work project." A project providing for any aspect of
construction, reconstruction, demolition, alteration, repair or
maintenance work completed under a contract or cooperative
purchasing agreement by a Commonwealth agency, which costs at
least $300,000.
"Skilled craft laborer." A member of a trade who:
(1) is a journeyperson who has work experience
equivalent to the total number of on-the-job training hours
required by the applicable apprenticeship program; or
(2) graduated from or is currently enrolled in an
apprenticeship program.
§ 539.1. Applicability.
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Notwithstanding any provision of law and this title, this
subchapter shall apply to public work projects. The requirements
of this subchapter are intended to supplement the requirements
under this chapter.
§ 539.2. Forms.
(a) Development of form.--The department shall develop a
form that a contractor or subcontractor will certify compliance
with all of the requirements specified under this subchapter.
(b) Completion and submission.--The form under this section
must be completed by a contractor and submitted to a purchasing
agency with an offer or bid.
(c) Subcontractor.--Forms must be completed by a
subcontractor, regardless of tier, and submitted to the
contractor and purchasing agency prior to commencing work on a
public work project.
§ 539.3. Responsibilities of purchasing agency.
A purchasing agency:
(1) Shall only award a public work contract to a
contractor that meets the requirements of this subchapter.
(2) Shall review a form submitted by a contractor for
compliance before awarding a public work contract.
(3) May require any additional information from a
contractor that the purchasing agency deems necessary to
evaluate compliance with this subchapter.
(4) Shall determine if each subcontractor on a
subcontractor list provided under section 539.4(b) (relating
to additional qualifications) meets the requirements of this
subchapter. If the purchasing agency determines that a
subcontractor does not meet the requirements of this
subchapter, the purchasing agency shall inform the contractor
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in writing of the determination and shall:
(i) Permit the contractor to substitute the
subcontractor with a subcontractor that meets the
requirements of this subchapter.
(ii) Disqualify the contractor if the subcontractor
remains in noncompliance.
(5) Shall notify the contractor, in writing, whether a
contractor or subcontractor meets or does not meet the
requirements of this subchapter.
§ 539.4. Additional qualifications.
(a) Requirements for public work project.--In addition to
the requirements under this subchapter, to receive an award for
or commence work on a public work project, a contractor or
subcontractor, regardless of tier, shall:
(1)