Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 2336 (April 27, 2024).

4 Pa. Code § 58.416. Amendment of commitments post-award.

§ 58.416. Amendment of commitments post-award.

 (a)  The selected bidder or offeror cannot alter its overall SDB or VBE commitments or commitments made to individual SDBs or VBEs without written approval from the issuing office and the BDISBO.

 (b)  The selected bidder or offeror shall notify the contracting officer of the issuing office and the BDISBO when circumstances arise that may negatively impact the selected bidder’s or offeror’s ability to comply with SDB or VBE commitments.

 (c)  The selected bidder or offeror may not terminate or otherwise cancel a subcontract with a firm listed on the utilization schedule without showing good cause why the subcontract should be terminated or cancelled, providing a corrective action plan and receiving written approval from the issuing office and the BDISBO.

 (d)  Both the overall percentage of SDB or VBE commitments and individual SDB or VBE commitments must be maintained in the event the contract is assigned to another prime contractor.

 (e)  An agency reserves the right to require SDB or VBE participation on change orders or amendments for additional work not already subject to an SDB or a VBE commitment as further described in the solicitation documents.



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