§ 2.32. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Act—The act of December 13, 1982 (P. L. 1155, No. 266) (72 P. S. § 1507).
Business concern—Any person (sole proprietorship, partnership, corporation) engaged in a trade or business and operating as a contractor with Commonwealth agencies and nonprofit entities operating as contractors with Commonwealth agencies.
Commonwealth agency—An executive or independent agency and the Auditor General, the Board of Claims, the State Treasurer, and the Public Utility Commission.
Executive agency—The Governor and the departments, boards, commissions, authorities, and other officers and agencies of the Commonwealth government; the term excludes a court or other officer or agency of the unified judicial system, the General Assembly and its officers and agencies, and an independent agency.
Independent agency—The Department of the Attorney General, the Fish Commission, the Game Commission, the Historical and Museum Commission, the State Civil Service Commission, the Turnpike Commission, the Milk Marketing Board, the Liquor Control Board, the Human Relations Commission, the Labor Relations Board, the Securities Commission, the State Tax Equalization Board, the Higher Education Assistance Agency, the Crime Commission and the State Ethics Commission.
Payment date—A payment shall be considered made on:(i) The date of the check;
(ii) The date of scheduled electronic funds transfer; or
(iii) The date of wire transfer.
Payment office or finance center—The location to which a Commonwealth agency directs an invoice to be submitted, as stipulated on the contract or purchase document.
Proper invoice—A billing from a vendor for property or services accepted by a Commonwealth agency that contains or is accompanied by such substantiating documentation and in such form and number as may be required by the Commonwealth agency.
Qualified small business concern—An independently owned and operated for-profit business concern employing 100 or fewer employes and not a subsidiary or affiliate of a corporation otherwise not qualified.
Receipt of invoice—The later of:(i) The date on which the agency’s designated payment office or finance center actually receives a proper invoice; or
(ii) The date on which the Commonwealth agency accepts the property or service concerned.
Required payment date—(i) The date on which payment is due under the terms of a contract;
(ii) Thirty days after receipt of a proper invoice if a date on which payment is due is not specified in the contract; or
(iii) The net payment date stated on the invoice if later than the dates established in accordance with subparagraphs (i) and (ii).
Source The provisions of this § 2.32 amended September 13, 1985, effective September 14, 1985, 15 Pa.B. 3243. Immediately preceding text appears at serial pages (89718) to (89719).
Cross References This section cited in 4 Pa. Code § 2.36 (relating to eligibility requirements).
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