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PA Bulletin, Doc. No. 97-293

THE GOVERNOR

Title 4--ADMINISTRATION

PART I.  GOVERNOR'S OFFICE

[4 PA. CODE CH. 1]

[EXECUTIVE ORDER 1996-8]

[27 Pa.B. 1003]

Minority and Women Business Enterprise and Contract Compliance Programs

December 20, 1996

   Whereas, this Administration is firmly committed to promoting the prosperity and economic growth of all businesses in the Commonwealth of Pennsylvania; and

   Whereas, the formation and development of women and minority-owned businesses in the Commonwealth plays a substantial role in creating jobs and stimulating economic growth throughout all regions of the Commonwealth; and

   Whereas, this Administration believes the contracting processes of the Commonwealth should be nondiscriminatory in intent and effect and afford opportunities to all businesses to participate in Commonwealth business.

   Now, Therefore, I, Thomas J. Ridge, Governor of the Commonwealth of Pennsylvania, by virtue of the authority vested in me by the Constitution of the Commonwealth of Pennsylvania and other laws, do hereby designate the Department of General Services, Bureau of Contract Administration and Business Development (hereinafter referred to as ''the Bureau''), to perform the functions specified in this order. The responsibilities previously assigned to the Office of Minority and Women Business Enterprise in the Department of General Services and the contract compliance responsibilities previously assigned to the Office of Administration, Bureau of Affirmative Action/Contract Compliance are hereby transferred to the Bureau of Contract Administration and Business Development.

Annex A

TITLE 4.  ADMINISTRATION

PART I.  GOVERNOR'S OFFICE

CHAPTER 1.  AGENCY OPERATION AND
ORGANIZATION

Subchapter LL.  MINORITY AND WOMEN
BUSINESS ENTERPRISE

§ 1.451.  Purpose.

   The purpose of the Department of General Services, Bureau of Contract Administration and Business Department (Bureau) is to:

   (1)  Assist and encourage women and minority-owned businesses to participate in government business. Minority businesses are those owned by African Americans, Hispanic Americans, Native Americans, Asian Americans, Alaskans and Pacific Islanders.

   (2)  Generate awareness and encourage State agencies to support the participation of women and minority-owned businesses in State contracting.

   (3)  Monitor levels of participation of women and minority-owned businesses in State contracting.

   (4)  Administer and enforce the Commonwealth contract compliance requirements.

§ 1.452.  Duties of the Bureau.

   Duties of the Bureau, under the direction of the Secretary of the Department of General Services, shall include and the Bureau is directed to:

   (1)  Develop an appropriate and credible program for the certification of women and minority business enterprises.

   (2)  Establish guidelines for determining when a business has achieved success to such a degree that the benefits of a State sponsored program are no longer necessary and the period of time after which they should be removed, whether or not thay have graduated from the program.

   (3)  Provide technical assistance and outreach to women and minority-owned businesses to increase their opportunities to compete successfully in the State procurement system.

   (4)  Develop, maintain and make available a list of certified women and minority-owned businesses for use by agencies under the Governor's jurisdiction, as well as by firms doing business with the Commonwealth.

   (5)  Monitor awards and prepare statistical reports delineating the performance of the Commonwealth relative to participation of women and minority-owned businesses in State contracting.

   (6)  Assist the Department of General Services' Legislative Liaison in the analysis and development of legislation and key initiatives that affect women and minority business development.

   (7)  Develop standards for a Statewide contract compliance program for approval of the Secretary of General Services.

   (8)  Review agency contract compliance programs, plans, reports and procedures to ensure consistency with the Commonwealth's contract compliance policies.

   (9)  Develop and implement monitoring and reporting systems to measure the effectiveness of agency contract compliance programs.

   (10)  Evaluate agency contract procedures to ensure equal opportunity.

   (11)  Provide leadership to agencies and assist them in conducting formal and informal contract compliance program audits including periodic onsite reviews.

   (12)  Investigate and make reports relating to the administration of contracting programs and operations.

   (13)  Ensure that contractors and grantees receiving Commonwealth funds have, as a condition of funding, a written sexual harassment policy and that the employes of the contractor or grantee are aware of the policy.

§ 1.453.  Responsibility of agencies under the Governor's jurisdiction.

   Heads of departments and agencies under the jurisdiction of the Governor shall:

   (1)  Ensure that the agency's commitment to the women and minority business enterprise program and the contract compliance program is clearly understood and appropriately implemented by agency employes.

   (2)  In consultation with the Bureau, develop women and minority business enterprise and contract compliance plans, coordinate the development of activities to implement agency plans, and develop audit and reporting systems to measure the effectiveness of the agency's women and minority business enterprise and contract compliance programs.

   (3)  Designate a responsible official to supervise the agency minority and women business enterprise program and the contract compliance program.

   (4)  Designate a contract administrator to carry out agency responsibilities regarding women and minority business enterprise and contract compliance as issued under this subchapter.

   (5)  Furnish the Bureau information or assistance, upon request.

   (6)  Recommend sanctions to the Secretary of General Services, as may be appropriate, for lack of compliance with Commonwealth contracting programs.

§ 1.454.  Sanctions.

   (a)  Failure to comply with the Commonwealth's women and minority business enterprise and contract compliance programs may result in the imposition of sanctions approved by the Governor or Secretary of the Department of General Services.

   (b)  For contractors or grantees receiving Commonwealth funds, sanctions may include termination of the contract, debarment or referral to the Office of General Counsel for appropriate civil or criminal referral.

§ 1.455.  Rescission.

   Executive Order 1987-18, Minority and Women Business Enterprise, is rescinded.

§§ 1.456--1.459.  (Reserved).


Governor

   Fiscal Note:  GOV 97-6. No fiscal impact; (8) recommends adoption.

[Pa.B. Doc. No. 97-293. Filed for public inspection February 28, 1997, 9:00 a.m.]


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