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

§ 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)…

§ 1.57. 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.

§ 1.576. Termination date. This subchapter remains in effect unless revised or rescinded by the Governor.

§ 1.58. Administrative action. (a) Scope. Official action and deliberations by a quorum of the members of an agency are not subject to this chapter if the official action and deliberations predominantly and primarily involve administrative action. Administrative action is the exe…

§ 1.59. Exemptions. (a) Scope. This subchapter does not apply to meetings of the quorum of the members of an agency to conduct deliberations or official actions regarding matters for which the taking of official action at an open meeting will violate a lawful privilege as defined…

§ 1.591. Purpose. The purpose of this subchapter is to ensure that agencies substantially increase opportunities for VBEs and SDVBEs to participate in Commonwealth contracting opportunities as contractors, subcontractors, suppliers and professional service providers.

§ 1.592. Responsibilities. (a) The Department of General Services (Department) shall: (1) Develop and implement policy initiatives to substantially increase contracting and subcontracting opportunities for VBEs and SDVBEs. (2) Establish a certification process for VBEs and SDVBEs…

§ 1.593. Definitions. (a) The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise: SDVBE—Service-disabled veteran-owned small business enterprise—A small business owned and controlled by either of th…

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

§ 1.595. Termination date. This subchapter remains in effect unless revised or rescinded by the Governor.

§ 1.60. Violations. (a) Formal adjudications. An agency may not conduct a formal adjudication regarding the question of whether meetings have been conducted in compliance with this subchapter. Original jurisdiction to determine whether the actions of an agency has complied with t…

§ 1.61. Force and effect. This subchapter constitutes legal advice rendered to executive agencies of the Commonwealth under the jurisdiction of the Governor under section 301(3) of the Commonwealth Attorneys Act (71 P. S. § 732-301(3)). This legal advice is codified in this subch…

§ 1.71. Policy. It is the policy of the government of the Commonwealth to build effective communication between itself and the citizens of this Commonwealth and, as far as is humanly and legally possible, to provide citizen access to the facts about State government. All Commonwe…

§ 1.72. Agency public information activities. (a) Each agency of State government shall maintain an office of public information, unless authorized to eliminate this function by the Director of Public Information for the Governor’s Office. (b) The director of public information i…

§ 1.73. Coordination with the Governor’s Office. (a) The Director of Public Information for the Governor’s Office shall administer the public information activities of departments, boards, commissions, and other State agencies under the jurisdiction of the Governor. (b) The Direc…

§ 1.801. Contracts conducted on the basis of competitive bidding procedures. Except as set forth in this subchapter, the awarding of contracts for legal services or legal consultants by the Office of General Counsel or an executive department shall be conducted on the basis of th…

§ 1.802. Contracts awarded on a sole source basis. Legal service or legal consultant contracts shall be awarded on a sole source basis only when it is clearly not feasible to utilize competitive bidding because of an urgency of need or other documented circumstances. Cross Refere…

§ 1.803. Request for authorization for outside counsel. When an executive department determines that the paid services of outside counsel are required, it shall submit to the Office of General Counsel a request for authorization to proceed. The request for authorization must succ…

§ 1.804. Request for proposals and invitation for bids. Upon receipt of written authorization to proceed from the General Counsel, the department may issue a request for proposals under 62 Pa.C.S. § 518 (relating to competitive selection procedures for certain services) or an inv…

§ 1.805. Role of General Counsel. The General Counsel shall, as soon as practicable: (1) Identify categories of legal services or types of cases that may be supplied by outside lawyers or law firms, or both. (2) Develop a competitively bid list of preapproved outside counsel for …

§ 1.806. Effective date. This subchapter takes effective immediately.

§ 1.811. Department of Conservation and Natural Resources oil and gas leasing. As of January 29, 2015, to protect the lands of this Commonwealth that are held in trust for its citizens and for future generations, and subject to future advice and recommendations made by the Depart…

§ 1.812. Effective date. This subchapter is effective immediately.

§ 1.813. Termination date. This subchapter shall remain in effect until amended or rescinded by the Governor.

§ 1.814. Rescission. Effective immediately, Executive Order 2014-03 is rescinded.

§ 1.821. Mission. The mission of the Governor’s Office of Transformation, Innovation, Management and Efficiency is to: (1) Deliver cost savings to the citizens of this Commonwealth through multiagency efficiencies, productivity improvements and cost-saving innovations. (2) Remain…

§ 1.822. Governor’s Office of Transformation, Innovation, Management and Efficiency. (a) The Governor’s Office of Transformation, Innovation, Management and Efficiency (Office) is created within the Governor’s Office of Performance Through Excellence (OPE). The Director of the Of…

§ 1.823. Powers and duties. The Steering Committee shall have the power and duty to: (1) Work collaboratively with the heads of Commonwealth agencies to identify opportunities for streamlining the operation of government and generating new efficiencies. (2) Develop and implement …

§ 1.824. Cooperation by Commonwealth agencies. Commonwealth agencies shall cooperate with the Governor’s Office of Transformation, Innovation, Management and Efficiency (Office) to ensure the success of its mission. Agency heads shall identify key staff to form innovation teams, …

§ 1.825. Effective date. This amendment to this subchapter takes effect immediately. Source The provisions of this § 1.825 amended by Executive Order No. 2015-04 Amended, dated February 1, 2018, 48 Pa.B. 1089. Immediately preceding text appears at serial page (382385).

§ 1.826. Rescission. Executive Order 2012-04, dated March 22, 2012, is rescinded effective immediately.

§ 1.841. Minimum wage. All employees covered by this subchapter, other than tipped employees, shall be paid no less than: (1) $15.00 per hour after the effective date of this subchapter. (2) Beginning 2023 and thereafter, the minimum wage rate will be increased by an annual cost-…

§ 1.842. Coverage. The employees covered by this subchapter are: (1) Employees of Commonwealth agencies under the jurisdiction of the Governor. (2) Employees, as defined in section 3 of the Minimum Wage Act of 1968 (43 P.S. § 333.103), who, as set forth in a new lease of property…

§ 1.843. Implementation. All Commonwealth agencies under the jurisdiction of the Governor shall take all steps necessary to implement this subchapter. Independent agencies, State-affiliated entities and State-related institutions are also strongly encouraged to implement this sub…