Subchapter ZZ. CONTRACTOR SOCIAL RESPONSIBLITY AND OFFSHORE SERVICES
Sec.
7.831. Additional solicitation requirement.
7.832. Certification.
7.833. Evaluation.
7.834. Remedies.
7.835. Audit.
Source The provisions of this Subchapter ZZ adopted by Executive Order No. 2006-8 dated September 14, 2006, 38 Pa.B. 474, unless otherwise noted.
§ 7.831. Additional solicitation requirement.
Every entity submitting a bid or proposal to provide services to a Commonwealth executive agency shall clearly identify which, if any, elements of the service it proposes to perform outside of the United States in the bid or proposal documents as required under § 7.832 (relating to certification), either directly or through other contracts. In developing the criteria for evaluating proposals and selecting contractors, the Commonwealth executive agency shall consider the extent to which each potential contractor proposes to perform elements of the service being procured outside of the United States to the extent permitted by the laws and treaties of the United States and clearly state the criteria being used to make evaluation in all requests for proposals or other bidding documents. This requirement applies to contracts issued under 62 Pa.C.S. § § 513 and 517 (relating to competitive sealed proposals; and multiple awards).
§ 7.832. Certification.
Potential contractors who propose to perform contracted services provide a signed, written certification with their bid or proposal as to those elements or services which will be provided physically or by contract outside of the geographical boundaries of the United States. This requirement applies to contracts issued under 62 Pa.C.S. § § 513 and 517 (relating to competitive sealed proposals; and multiple awards).
Cross References This section cited in 4 Pa. Code § 7.831 (relating to additional solicitation requirement); 4 Pa. Code § 7.833 (relating to evaluation); and 4 Pa. Code § 7.385 (relating to audit).
§ 7.833. Evaluation.
In the selection process, the Commonwealth executive agency shall award points commensurate with the amount of contracted services performed in the United States relative to amount of contracted services performed in the United States by other offerors or contractors. Those offerors or contractors who do notprovide the certification requied under § 7.832 (relating to certification) will not receive any of the points allotted for this criterion/evaluation factor.
§ 7.834. Remedies.
Any contractor or subcontractor who is found to have falsely certified that services covered under a proposed contract will be performed within the United States or who fails to otherwise conform to the certification by providing services outside of the United States which had been certified as being provided within the United States shall be subject to one or more of the following:
(1) The contract at issue may be cancelled.
(2) The contractor may be debarred from doing business with the Commonwealth.
(3) Criminal action may be taken for filing a false certification with a public official.
(4) Payment may be withheld by the Commonwealth purchasing agency.
(5) The Commonwealth purchasing agency may take action to recover any payments made.
§ 7.385. Audit.
The Commonwealth purchasing agency shall reserve the contractual right to audit the books and records of a contractor or any subcontractor under any contract or subcontract to ensure compliance with the certification submitted by the contractor or subcontractor under § 7.832 (relating to certification).
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