THE GOVERNOR
Title 4—ADMINISTRATION
[42 Pa.B. 1631]
[Saturday, March 31, 2012]
PART I. GOVERNOR'S OFFICE
[ 4 PA. CODE CH. 1 ]
[ EXECUTIVE ORDER NO. 2011-10 ]
Veteran-Owned Small Business Procurement Initiative
December 7, 2011
Whereas, veterans have rendered and continue to render extraordinary service to the United States;
Whereas, more than three million men and women who have defended our nation's freedoms by serving in the United States Armed Forces have formed their own small businesses following their military service;
Whereas, the commonwealth wants to honor these courageous individuals for their service and to assist them by increasing opportunities for veteran-owned small businesses to participate in commonwealth agency contracts and subcontracts; and
Whereas, in order to achieve this objective, agencies and contractors shall take such action as is appropriate and necessary to inform small businesses owned by veterans, as well as veterans' organizations, of procurement opportunities and to solicit their participation as contractors, subcontractors, suppliers and professional service providers.
Now, Therefore, I, Tom Corbett, 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 as the central agency to develop policies and manage the participation of veteran-owned small business enterprises (VBEs) and service-disabled veteran-owned small business enterprises (SDVBEs) in commonwealth procurement opportunities.
Governor
Fiscal Note: 2011-10. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 4. ADMINISTRATION
PART I. GOVERNOR'S OFFICE
CHAPTER 1. AGENCY OPERATION AND ORGANIZATION
Subchapter XX. VETERAN-OWNED SMALL BUSINESS PROCUREMENT INITIATIVE Sec.
1.591. Purpose. 1.592. Responsibilities. 1.593. Definitions. 1.594. Effective date. 1.595. Termination date. § 1.591. Purpose.
The purpose of this subchapter is to ensure that agencies substantially increase opportunities for VBEs and SDVBEs to participate in Commonwealth contracting opportunities as contractors, subcontractors, suppliers and professional service providers.
§ 1.592. Responsibilities.
(a) The Department of General Services (Department) shall:
(1) Develop and implement policy initiatives to substantially increase contracting and subcontracting opportunities for VBEs and SDVBEs.
(2) Establish a certification process for VBEs and SDVBEs and maintain and update publicly accessible lists of VBEs and SDVBEs that are certified by the Department.
(3) Identify and contact VBEs, SDVBEs and veteran organizations to inform them of Commonwealth procurement opportunities and to solicit their participation as contractors, subcontractors, suppliers and professional service providers.
(4) Identify and contact charitable, nonprofit organizations that manufacture products or perform services and employ veterans with disabilities to identify possible contracting opportunities under 62 Pa.C.S. § 520 (relating to supplies manufactured and services performed by persons with disabilities).
(5) Enforce compliance, from participating businesses and other Commonwealth agencies, with this subchapter.
(6) Compile agency-reported information on the participation of VBEs and SDVBEs in Commonwealth contracting opportunities and prepare a written annual report for the Governor. The report must include:
(i) Cumulative information as to agency efforts to increase VBE and SDVBE participation in Commonwealth contracts and subcontracts.
(ii) The actual dollar amount of participation.
(iii) The efforts the Department and the agencies plan to take to improve VBE and SDVBE participation in the succeeding year.
(7) Request information or assistance as may be necessary for carrying out the duties and responsibilities under this subchapter from the Department of Military and Veterans Affairs.
(b) Commonwealth agencies shall:
(1) Develop and document an agency strategy to implement the policy in § 1.591 (relating to purpose).
(2) Encourage and facilitate participation by VBEs and SDVBEs in the award of agency procurement contracts.
(3) Encourage agency contractors to subcontract with VBEs and SDVBEs and actively monitor and evaluate their efforts.
(4) Participate in outreach activities and events to increase the interest and participation of VBEs and SDVBEs in procurement contracts.
(5) Solicit VBEs and SDVBEs to compete for contracting opportunities and disseminate information to VBEs and SDVBEs that will assist these businesses in participating in agency procurement contracts.
(6) Track and report to the Department, annually, on agency efforts to meet the purpose of increasing VBE and SDVBE participation.
(7) Include VBEs and SDVBEs in the competition for those agency contracts that are identified for competition by small businesses.
(8) Consider VBE and SDVBE status as a factor in the procurement process when permitted by law.
(c) Agency heads shall:
(1) Ensure that the agency's commitment to the veteran-owned small business procurement initiative is clearly understood and appropriately implemented and enforced by appropriate agency personnel.
(2) Designate an appropriate employee to supervise the agency's veteran-owned small business procurement initiative and ensure compliance within the agency.
(3) Furnish to the Department, upon request, related information or assistance.
(4) Participate in outreach activities and events to increase interest and participation by VBEs and SDVBEs in Commonwealth procurements.
§ 1.593. Definitions.
(a) The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
SDVBE—Service-disabled veteran-owned small business enterprise—A small business owned and controlled by either of the following:
(i) A service-disabled veteran.
(ii) A surviving spouse or permanent caregiver of a veteran if approved by the Department of General Services.
Service-disabled—A veteran who possesses either a disability rating letter issued by the United States Department of Veterans Affairs or a disability determination from the United States Department of Defense.
Small business—A business that does not exceed the limitation on revenue or number of employees established by the Department of General Services for designation as a small business.
VBE—Veteran-owned small business enterprise—A business owned and controlled by a veteran.
Veteran—A person who served on active duty in the United States Armed Forces, including the Reserve and National Guard, who was one of the following:
(i) Discharged or released from service under honorable conditions.
(ii) A Reservist or member of the National Guard who completed an initial term of enlistment or qualifying period of service
(iii) A Reservist or member of the National Guard who was disabled in the line of duty during training.
(b) These terms shall be further defined by the Department of General Services, with guidance by the Department of Military and Veteran Affairs, in Manual 215.3, Procurement Handbook, as issued by the Department of General Services.
§ 1.594. Effective date.
This subchapter takes effect immediately.
§ 1.595. Termination date.
This subchapter remains in effect unless revised or rescinded by the Governor.
[Pa.B. Doc. No. 12-568. Filed for public inspection March 30, 2012, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
