Pennsylvania House Bill HB1412

Pennsylvania 2023-2024 Regular Session

• Introduced: 6/14/23
• Refer: 6/14/23

Caption

In source selection and contract formation, further providing for debarment or suspension.

Impact

If passed, HB1412 will specifically alter the standards under which contractors can be deemed unsuitable for future contracts. This amendment represents a shift towards ensuring that contractors have proven track records of reliability and effectiveness before they can engage in further government contracts. The implication is that government agencies may have an easier mechanism to exclude contractors who have failed to meet performance standards from receiving new contracts, hence improving the quality and reliability of government procurement.

Summary

House Bill 1412 proposes amendments to Title 62 of the Pennsylvania Consolidated Statutes, focusing on procurement processes as related to debarment and suspension of contractors. One of the significant amendments is the addition of a clause that allows for the debarment or suspension of a contractor if they have a demonstrated history of unsatisfactory performance on government contracts in any state or for any public owner. This change aims to create a more robust standard for assessing and maintaining contractor performance across government contracts, enhancing accountability within procurement practices.

Sentiment

The sentiment surrounding HB1412 appears to be generally supportive among those prioritizing efficiency and accountability in government contracts. Proponents are likely to view the bill as a necessary action to prevent unsatisfactory contractors from continuing to receive government contracts. However, there may also be concerns about the interpretation of 'unsatisfactory performance' and how it might disproportionately affect smaller or newer contractors who have fewer contracts to demonstrate performance history.

Contention

Notable points of contention could arise around how the bill delineates 'unsatisfactory performance' and whether this could be used as a tool for bias against certain contractors. Critics may argue that the vague nature of performance assessments could lead to arbitrary decisions about debarment, potentially harming new businesses or those seeking opportunities in government contracting. The ability to suspend or debar contractors based on performance in other states or jurisdictions could also raise questions about fairness and context, emphasizing the need for clear, transparent guidelines to prevent misuse of this measure.