§ 49.38. Bidder’s list.
(a) If an agency requires bidders to be prequalified, the agency contract compliance officer shall immediately begin, under the supervision of the Director of Contract Compliance, to establish a program to require compliance with this chapter by all persons on the prequalified bidder’s list by the date as shall be determined by the Director of Contract Compliance in consultation with the Commission and the agency. A person not in compliance as of the date shall be subject to administrative hearing and adjudication in compliance with the 2 Pa.C.S. § § 501—508 and 701—704 (relating to practice and procedure of Commonwealth agencies and judicial review of Commonwealth agency action), deemed unqualified and excluded from the bidder’s list until the time as their qualification is established.
(b) It shall be the duty of a State agency to award and administer contracts in a nondiscriminatory manner. In doing so, it shall be permissible for the agency to take affirmative action to attract minority and female contractors, including specialized recruiting drives, publicity and assistance in bid preparation to ameliorate an imbalance caused by prior discrimination resulting in the exclusion or under-representation of the contractors.
(c) In publication of invitations to bid, each agency shall advertise in minority as well as general news media. r
(d) Nothing in this subsection shall be interpreted to detract from the concept of competitive bidding.
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 Code 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.
