PRINTER'S NO. 1097
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1017
Session of
2025
INTRODUCED BY BURNS, KENYATTA, SCHLOSSBERG, GIRAL, NEILSON,
MALAGARI AND INGLIS, MARCH 24, 2025
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 24, 2025
AN ACT
1 Amending Title 62 (Procurement) of the Pennsylvania Consolidated
2 Statutes, in general provisions relating to general
3 procurement provisions, providing for preference for bid or
4 proposal.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 62 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 3103. Preference for bid or proposal.
10 (a) Authorization.--In the case of competitive sealed
11 bidding or competitive sealed proposals based on price factors,
12 a government agency or school entity authorized to enter a
13 contract for procurement shall:
14 (1) subtract 2% from the bid or proposal of a person
15 submitting the bid or proposal if the procurement that is the
16 subject of the bid or proposal involves American-made
17 supplies, services or construction; and
18 (2) award the contract on the basis of the revised bid
19 or proposal.
 1 (b) Documentation.--A government agency or school entity
2 shall require documentation to confirm that a person qualifies
3 for the 2% preference described under subsection (a).
4 (c) Definitions.--As used in this section, the following
5 words and phrases shall have the meanings given to them in this
6 subsection unless the context clearly indicates otherwise:
7 "American-made supplies, services or construction."
8 Supplies, services or construction of which at least 75% of the
9 costs for the materials, equipment, products or processes
10 involved with the supplies, services or construction, are
11 derived from the United States.
12 "Contract." A written agreement, regardless of what it may
13 be called, for the procurement or disposal of supplies, services
14 or construction.
15 "Person." An individual, organization, sole proprietorship,
16 association, corporation, partnership, joint venture, limited
17 partnership, limited liability partnership, limited liability
18 company or other entity or business association that is capable
19 of submitting a bid or proposal to a government agency.
20 "Procurement." As follows:
21 (1) Buying, purchasing, renting, leasing, licensing or
22 otherwise acquiring supplies, services or construction.
23 (2) The term includes all functions that pertain to the
24 obtaining of any supply, service or construction, including
25 description of requirements, selection and solicitation of
26 sources, preparation and award of contract and all phases of
27 contract administration.
28 "School entity." Any of the following:
29 (1) A school district of any class.
30 (2) A public school or private school.
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 1 (3) A nonpublic school wherein a resident of this
2 Commonwealth may legally fulfill the compulsory school
3 attendance requirements under the act of March 10, 1949
4 (P.L.30, No.14), known as the Public School Code of 1949, and
5 that meets the requirements of 42 U.S.C. Ch. 21 Subch. V
6 (relating to federally assisted programs).
7 (4) An intermediate unit.
8 (5) A joint school.
9 (6) An area career and technical school, as described in
10 section 1841 of the Public School Code of 1949.
11 (7) A charter school, cyber charter school or regional
12 charter school, as those terms are defined in section 1703-A
13 of the Public School Code of 1949.
14 (8) A State-related institution.
15 "United States." The United States of America, including all
16 territory, continental or insular, subject to the jurisdiction
17 of the United States.
18 Section 2. This act shall take effect in 60 days.
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