4 Pa. Code Ch. 1 — Agency Operation and Organization

§ 1.451. Responsibilities of the Department of General Services. The Department of General Services will do the following: (1) Develop and implement policy initiatives to substantially increase contracting and subcontracting opportunities for minority and women-owned businesses a…

§ 1.452. Responsibilities of agency heads. Agency heads under the Governor’s jurisdiction will: (1) Be responsible for ensuring that all competitive contract opportunities issued by their agency seek to maximize participation by minority and women-owned businesses and other disad…

§ 1.453. Objective. The Department of General Services (Department) will seek to increase the utilization of minority and women-owned businesses and other disadvantaged businesses in all competitive contracting opportunities. To achieve this objective, the Department will: (1) Es…

§ 1.454. Definitions. The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: Disadvantaged business—A business that is owned or controlled by a majority of persons, not limited to members of minori…

§ 1.455. Rescission. Executive Order 1996-8, Minority and Women Business Enterprise and Contract Compliance Programs, is rescinded.

§ 1.46. Personnel matters. (a) Scope. An agency may hold an executive session to discuss a matter related to the employment, appointment, termination of employment, evaluation of performance, promotion or disciplining of a specific prospective, current or former public officer or…

§ 1.47. Labor relations. (a) Scope. An agency may conduct an executive session to hold information, strategy and negotiation sessions related to the negotiation or arbitration of a collective bargaining agreement or, in the absence of a collective bargaining unit, related to labo…

§ 1.471. [Reserved].

§ 1.472. Program objectives. (a) The objectives of the Upper Delaware Federal Scenic River designation are to: (1) Protect and maintain the unique scenic, cultural and natural qualities of the Upper Delaware River corridor including its rare and endangered plant and animal specie…

§ 1.473. Upper Delaware Council. The Secretary of the Department of Conservation and Natural Resources is the Commonwealth’s appointed representative to the Upper Delaware Council.

§ 1.474. Cooperation by State agencies. (a) The Department of Conservation and Natural Resources is the single State agency to receive and administer Federal grants for implementing the management program of the Upper Delaware Federal Scenic River. (b) The Department of Conservat…

§ 1.475. Force and effect. This subchapter shall remain in effect as long as the Upper Delaware Scenic River Management Plan is in effect.

§ 1.476. Rescission. Executive Order 1989-2 is rescinded.

§ 1.48. Purchase or lease of property. (a) Scope. An agency may conduct an executive session to consider the purchase or lease of real property up to the time an option to purchase or lease the real property is obtained or up to the time an agreement to purchase or lease the prop…

§ 1.481. Development and implementation. The Secretary of General Services shall, with the guidance and assistance of the Secretary of the Budget, proceed with the development and implementation of a Master Leasing Program.

§ 1.482. Implementation by secretaries. The program shall be implemented by directives, statements of policy, rules and regulations that the secretaries promulgate.

§ 1.483. Information to administrative agencies. The directives, statements of policy, rules and regulations shall provide information to Commonwealth administrative agencies on the benefits and requirements of the Master Leasing Program.

§ 1.484. Cooperation by agencies. Commonwealth administrative agencies shall fully cooperate with, and provide requested information and documentation, on a priority basis, to the Department of General Services, the Office of the Budget, and the attorneys, financial advisor, mast…

§ 1.485. Periodic payments required. Commonwealth administrative agencies shall make periodic payments in a timely manner for equipment acquired through the Master Leasing Program.

§ 1.486. Compliance required; exceptions. No Commonwealth administrative agency may arrange for financing of equipment leases or installment purchases, except through the Department of General Services’ Master Leasing Program. Exceptions to this policy shall be granted, in writin…

§ 1.49. Consultation with professional advisors. (a) Scope. An agency may hold an executive session to consult with its attorney or other professional advisor in connection with litigation or with issues upon which identifiable complaints are expected to be filed. Other professio…

§ 1.5. Office hours. (a) Under sections 221 and 709(d) of The Administrative Code of 1929 (71 P.S. § § 81 and 249(d)), the Executive Board has, in a resolution dated September 26, 1985, determined the hours when the central administrative offices of State Government are to be ope…

§ 1.50. Privileged, confidential, investigatory and quasi-judicial matters. (a) Privileged matters. An agency may conduct an executive session to review and discuss agency business which, if conducted in public would violate a lawful privilege including, but not limited to, confi…

§ 1.51. Academic admission or standing. The constituted committees of a board or council of trustees of a State-owned, State-aided or State-related college or university or community college or the Board of Governors to the State System of Higher Education may hold executive sess…

§ 1.52. Minutes. (a) Content. Written minutes of open meetings shall contain the following information: (1) The date, time and place of the meeting. (2) The names of members present. (3) The substance of official actions and a record by individual members of the roll call votes t…

§ 1.53. Notice. (a) Publication. In accordance with procedures established by the Department of General Services, an agency shall publish notice of the place, date, time and purpose of an open meeting in a newspaper of general circulation, as defined by 45 Pa.C.S. § 101 (relating…

§ 1.531. Responsibilities of Commonwealth agencies. 1. Commonwealth agencies shall seek to provide maximum practicable opportunities for small disadvantaged businesses to compete for contracts and grants and to participate as contractors, professional service providers, subcontra…

§ 1.532. Small business disadvantaged status. Commonwealth agencies shall, when permitted by law, consider a small business’ disadvantaged status as a factor in the procurement and grant selection process to the extent permitted by the United States Constitution, Pennsylvania Con…

§ 1.533. Contractors and grantees. In addition to complying with existing Commonwealth policy requirements relating to the solicitation and utilization of small disadvantaged businesses, Commonwealth agencies shall require contractors and grantees to make reasonable and good fait…

§ 1.534. Federal requirements. Commonwealth agencies shall fully comply with all Federal Disadvantaged Business Enterprises (DBE) requirements and Commonwealth small disadvantaged business policy requirements. To the extent that the Federal DBE requirements conflict with the requ…

§ 1.535. Public awareness and outreach. The Department of General Services’ Bureau of Minority and Women Business Opportunities shall notify, collaborate with, and involve organizations that represent respective minority community groups to ensure effective public awareness and o…

§ 1.536. Written report. The Department of General Services shall prepare and submit a written report, on at least a quarterly basis, to the Governor and Stimulus Oversight Commission on American Recovery and Reinvestment Act of 2009 participation by all Federal Disadvantaged Bus…

§ 1.537. Small business outreach. The Department of Community and Economic Development shall work through small business development centers to reach out to small businesses and provide information on contracting, professional service, subcontracting, and purchasing opportunities…

§ 1.538. Small veteran-owned businesses. The Department of Military and Veteran’s Affairs shall, in cooperation with the Department of General Services and the Department of Community and Economic Development, develop outreach efforts to increase participation in contracting, pro…

§ 1.539. Effective date. This subchapter shall take effect immediately.

§ 1.54. Emergency meetings. (a) Purpose. An agency may conduct a meeting to deal with a real or potential emergency involving a clear and present danger to life or property without compliance with the notice requirements of § 1.53 (relating to notice). At an emergency meeting, th…

§ 1.540. Termination date. This subchapter shall remain in effect until September 30, 2011.

§ 1.55. Rules and regulations. (a) Conduct of open meetings. An agency may adopt, by official action taken at a public meeting, rules and regulations or bylaws necessary for the conduct of its meetings and the maintenance of order. The regulations may include procedures for: (1) …

§ 1.56. Use of recording devices. (a) Permissible activities. A person attending an open meeting of an agency shall have the right to take written or stenographic notes of agency proceedings or utilize audio or video recording devices to record proceedings at an open meeting. (b)…

§ 1.561. [Reserved].

§ 1.562. [Reserved].

§ 1.57. Conferences. (a) Scope. The quorum of the members of an agency may participate in a training program or seminar which is organized and conducted for the sole purpose of providing information to agency members on matters directly related to their official responsibilities …

§ 1.571. Purpose. The purpose of the Small Business Procurement Initiative is to direct the Department of General Services to develop and implement policy initiatives to increase opportunities for small businesses to compete for award of Commonwealth contracts as prime contractor…

§ 1.572. Duties. The Department of General Services (Department) shall: (1) Develop appropriate standards for qualification as a small business, including number of employees and dollar volume of business. The Department may develop tiers of participation for small businesses of …

§ 1.573. Commonwealth agencies. Commonwealth agencies under the Governor’s jurisdiction shall identify contracts for award to small businesses under direction provided by the Department of General Services. Independent agencies are also encouraged to participate in the Small Busi…

§ 1.574. Implementation. Agency heads shall: (1) Ensure that the agency’s small business participation goals are clearly understood and properly implemented by agency employees. (2) Designate an appropriate employee to supervise the agency’s role in implementing small business pr…

§ 1.575. Effective date. This subchapter takes effect immediately.