In source selection and contract formation, further providing for debarment or suspension.
Summary
SB305 amends Pennsylvania’s procurement law governing debarment and suspension of contractors. The bill expands the grounds for debarment or suspension by clarifying that unsatisfactory performance and failure to comply with contract terms can be based on conduct occurring not only in Pennsylvania, but also in other states and in federal government contracts. It also adds language covering a demonstrated history of certain contract-performance failures on government contracts or subcontracts with public owners in other states.
In practical terms, the bill broadens the Commonwealth’s ability to consider a contractor’s performance history across jurisdictions when deciding whether to bar or suspend that contractor from state procurement opportunities. The measure applies to source selection and contract formation under Title 62 and would take effect 60 days after enactment. It is aimed at giving procurement officials a wider record to evaluate when determining whether a bidder or contractor has a pattern of poor performance or noncompliance.
Impact
The bill would amend Title 62 of the Pennsylvania Consolidated Statutes, specifically section 531 on debarment or suspension, by expanding the statutory bases for excluding contractors from public work. It would allow state agencies to rely on unsatisfactory performance, willful nonperformance, or a history of contract failures from federal, Pennsylvania, or other-state public contracts and subcontracts. This change affects contractors, subcontractors, and public procurement officials by making out-of-state and federal performance records relevant to Pennsylvania debarment decisions.
Sentiment
The available voting history suggests strong support for the bill in the Senate State Government Committee, where it was reported as amended and the committee adopted an amendment unanimously, 11-0. No committee transcript was provided, but the unanimous votes indicate little visible opposition at the committee stage and a generally favorable reception to the proposal.
Contention
The main policy issue is the breadth of the expanded debarment criteria. Supporters appear to favor giving the Commonwealth more tools to protect public contracting from vendors with a documented history of poor performance, including conduct outside Pennsylvania. Potential concerns, though not reflected in recorded debate here, would likely center on whether the bill could sweep too broadly by relying on out-of-state or federal contract disputes, and whether that could unfairly disadvantage contractors with isolated problems or differing standards across jurisdictions.
Further providing for duty of contractor; providing for registration of contractors and subcontractors, for registration fees, for proof of registration and for duties of contractors, subcontractors and the department; and further providing for remedies and penalties.
In source selection and contract formation, providing for additional qualifications for public work projects; imposing duties on the Office of State Inspector General; and imposing penalties.