Each major jurisdictional utility and each major telecommunications utility is encouraged to establish and maintain a subcontracting program for its prime contractors to utilize minority/women/persons with disabilities/LGBTQ/veteran-owned business subcontractors. The subcontracting program will serve as an enhancement to and not a replacement for a minority/women/persons with disabilities/LGBTQ/veteran-owned business program.

1. (1) Each major jurisdictional utility and each major telecommunications utility should incorporate in purchase orders, requests for bid proposals and other appropriate procurement documents related to procurement efforts subject to its subcontracting program, a statement such as follows:

   ‘‘It is the policy of this utility that businesses owned by minorities, women, persons with disabilities, LGBTQ and veterans should have an equal opportunity to compete for subcontracts. The contractor agrees to use its best efforts to carry out this policy to the fullest extent consistent with the efficient performance of this contract.’’

2. (2) Each major jurisdictional utility and each major telecommunications utility is encouraged to assist its prime contractors in developing plans to increase the opportunities for participation by minority/women/persons with disabilities/LGBTQ/veteran-owned business subcontractors. Prime contractors will be encouraged to submit these plans and the results to the major jurisdictional utility or the major telecommunications utility.
3. (3) The subcontracting program should apply to purchases/contracts exceeding $500,000 for products and services, and for construction contracts over $1 million. The subcontracting program need not be applied to exempt procurements. See 52 Pa. Code § 51.12 (relating to definitions) for the definition of ‘‘exempt procurement.’’
4. (4) Each major jurisdictional utility and each major telecommunications utility is encouraged to inform suppliers of products and services that subcontracting with businesses owned by minority/women/persons with disabilities/LGBTQ/veterans is a factor that may be considered in the bid evaluation process.
5. (5) [Reserved].

Authority

The provisions of this § 69.807 amended under 66 Pa.C.S. § § 501, 505, 506 and 512.

Source

The provisions of this § 69.807 adopted March 24, 1995, effective March 25, 1995, 25 Pa.B. 1084; amended January 22, 2021, effective January 23, 2021, 51 Pa.B. 435; amended March 29, 2024, effective March 30, 2024, 54 Pa.B. 1670. Immediately preceding text appears at serial pages (411130) to (411131).

Cross References

This section cited in 52 Pa. Code § 51.11 (relating to general); 52 Pa. Code § 51.12 (relating to definitions); 52 Pa. Code § 69.802 (relating to definitions); and 52 Pa. Code § 69.804 (relating to contracting recommendations).