The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Act—The Public Works Employment Verification Act (71 P.S. § § 656.1—656.11).

Contract—A type of written agreement, regardless of what it may be called, for the procurement of construction work.

Department—The Department of General Services.

EVP—E-Verify program—The program operated by the United States Department of Homeland Security that electronically verifies employment eligibility.

Employee—An individual hired by a public works contractor or a subcontractor for whom a public works contractor or subcontractor is required by law to file a Form W-2 with the Internal Revenue Service.

Form—Public Works Employment Verification Form.

Maintenance work—Annual inspection or routine upkeep of an existing facility which does not alter the use or size of the facility.

Public body—The Commonwealth, its political subdivisions, authorities created by the General Assembly of the Commonwealth and instrumentalities or agencies of the Commonwealth.

Public works—

1. (i) The construction, reconstruction, demolition, alteration or repair work other than maintenance work done under contract and paid for in whole or in part out of the funds of a public body when the estimated cost of the total project is in excess of $25,000.

2. (ii) The term does not include work performed under a manpower or rehabilitation training program.

   Public works contractor—A contractor that provides work under a contract involving public works.

   Secretary—The Secretary of the Department.

   Subcontractor—

3. (i) A person, other than a natural person, including a staffing agency, that performs work for a public works contractor under a contract for public works.
4. (ii) The term includes subcontractors of every level, that is, sub-subcontractors, sub-sub-subcontractors, and the like.

5. (iii) The term does not include persons that supply materials for a project.

   Willful—An action or conduct undertaken intentionally or with reckless disregard for or deliberate ignorance of the requirements and obligations established under the act.

Source

The provisions of this § 66.3 amended July 21, 2023, effective July 22, 2023, 53 Pa.B. 3833. Immediately preceding text appears at serial page (364606).