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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter F. CONTRACTS FOR COMMONWEALTH PRINTING


Sec.


9.201.    Definitions.
9.202.    Localities.
9.203.    Invitation to bid.
9.204.    Certification of bidders.
9.205.    Determination of rates.
9.206.    Inspection of records.
9.207.    Preservation of records.
9.208.    Records of employment.
9.209.    Violations.
9.210.    Employe rights.

Authority

   The provisions of this Subchapter F issued under act of August 21, 1961 (P. L. 1014, No. 455) (71 P. S. § §  654—1656), unless otherwise noted.

Source

   The provisions of this Subchapter F adopted December 29, 1978, 8 Pa.B. 3812, unless otherwise noted.

§ 9.201. Definitions.

 The following words and terms, when used in this subchapter, have the following meanings unless the context clearly indicates otherwise:

   Act—The act of August 21, 1961 (P. L. 1014, No. 455) (71 P. S. (§ §  1654—1656).

   Bidder—Any person who or business entity which submits a bid for a contract for printing to the Commonwealth or any department, board, commission, or agency thereof.

   Classification—The specific categories of jobs which are performed within a craft.

   Contractor—Any person who or business entity which enters into a contract for printing with the Commonwealth or any department, board, commission, or agency thereof.

   Craft—The special skills and trades which are recognized as such by custom and usage in the printing industry.

   Locality—An economically integrated area within which workers may readily change jobs without changing their place of residence. Economic and geographic factors and not political jurisdiction alone shall be considered in the determination of any given locality.

   Prevailing wages and working conditions prevalent—The hourly wage rate together with overtime, premium, differential, holiday and vacation pay, and fringe benefits received by the employes of each craft or classification and the conditions under which they work, prevalent in the locality in which the contract is being performed.

   Printing—All processes and operations involved in printing—as that term is used in the printing industry—including but not limited to letterpress, offset, and gravure processes and lithographic printing or the multilith method, or both; the operations of composition, platemaking, presswork and binding; and the end products of such processes, methods and operations. The term ‘‘printing’’ shall not apply to newspaper advertisements.

§ 9.202. Localities.

 (a)  This Commonwealth is hereby divided into 45 localities as follows:

Allentown-Bethlehem-Easton(Lehigh Valley):Carbon, Lehigh and Northampton  counties
Altoona:Blair County
Erie:Erie County
Harrisburg:Cumberland, Dauphin and Perry counties
Johnstown:Cambria and Somerset counties
Lancaster:Lancaster County
Northeast Pennsylvania:Lackawanna, Luzerne and Monroe counties
Philadelphia:Bucks, Chester, Delaware, Montgomery and Philadelphia counties
Pittsburgh:Allegheny, Beaver, Washington and Westmoreland counties
Reading:Berks County
Williamsport:Lycoming County
York:Adams and York counties
Berwick-Bloomsburg:Columbia County
Bradford:McKean County
Butler:Butler County
Chambersburg-Waynesboro:Franklin and Fulton counties
Clearfield-DuBois:Clearfield County: Part of Centre County including Philipsburg and South Philipsburg boroughs, and Rush Township
Indiana:Indiana County
Kittanning-Ford City:Armstrong County
Lebanon:Lebanon County
Lewistown:Juniata and Mifflin counties
Lock Haven-Renovo:Clinton County
Meadville:Crawford County excluding boroughs of Centerville, Hydetown, Spartansburg and Townville, townships of Athens, Bloomfield, Oil Creek, Rome, Sparta, Steuben and Troy; and City of Titusville
New Castle:Lawrence County
Oil City-Franklin-Titusville:Forest and Venango counties and the following civil subdivisions in Crawford County: city of Titusville, Centerville, Hydetown, Spartansburg and Townville boroughs; Athens, Bloomfield, Oil Creek, Rome, Sparta, Steuben and Troy townships
Pottsville:Schuylkill County
St. Marys:Elk County
Sayre-Athens-Towanda:Bradford County
Sharon-Farrell:Mercer County
State College-Bellefonte:Centre County except Philipsburg and South Philipsburg boroughs and Rush Township
Sunbury-Shamokin-Mt. Carmel:Montour, Northumberland, Snyder and Union counties
Uniontown-Connellsville:Fayette County
Warren:Warren County
Bedford:Bedford County
Clarion:Clarion County
Coudersport:Potter County
Dushore-Laporte:Sullivan County
Emporium:Cameron County
Honesdale-Matamoras:Pike and Wayne counties
Huntingdon:Huntingdon County
Punxsutawney:Jefferson County
Tunkhannock:Wyoming County
Waynesburg:Greene County
Susquehanna County:
Wellsboro:Tioga County

 (b)  The listing and determination of localities set forth in subsection (a) shall be applicable solely to the act relative to Commonwealth printing and shall not be applicable to and is not intended to be used in any manner in the determination of prevailing wages under the Pennsylvania Prevailing Wage Act (43 P. S. § §  165-1—165-17).

 (c)  If the printing is performed in a plant outside the jurisdiction of the Commonwealth, it shall be deemed produced in the Commonwealth locality in which delivery of the printing ordered is required to be made. If such printing is required to be delivered to more than one Commonwealth locality, such printing shall be deemed produced in the Commonwealth locality to which the largest dollar volume of printing under the contract is to be delivered.

§ 9.203. Invitation to bid.

 Every invitation to bid on and every set of specifications for printing contracts for the Commonwealth, or printing contracts to be paid for wholly or in part with Commonwealth funds shall contain a statement that the contractor shall pay every employe engaged in the performance of the printing contract the prevailing wage rate and provide working conditions prevalent in the locality in which the contract is being performed or that a collective bargaining agreement is in effect—pursuant to the provisions of the act.

§ 9.204. Certification of bidders.

 Upon submission of a bid, bidders shall certify to the existence of a collective bargaining agreement or file a sworn statement to the effect that its employes who are to perform work in connection with the contract for printing shall receive the prevailing wage rate and are working under conditions prevalent in the locality in which the work is produced.

§ 9.205. Determination of rates.

 The Prevailing Wage Division of the Department will establish rate schedules pursuant to the following:

   (1)  The Prevailing Wage Division will, on a continuing basis, obtain rel- evant information from employers, employes, employe representatives and interested parties as an aid in determining the prevailing wage rate for localities.

   (2)  The Department will make public its proposed prevailing wage rates and advertise same in the Pennsylvania Bulletin and invite and receive written comments and objections for a period of 14-calendar days following the advertising of the proposed rates. Within 14 days after the last day for receiving comments and objections, the Department will review the proposed rates, comments, and objections and publish in the Pennsylvania Bulletin a schedule of rates which shall become effective upon publication.

   (3)  Any prospective bidder or contractor or their representative, any representative of any group of employers or of any craft or classification of workmen, or of both a group and craft or classification, engaged in the particular type of printing involved may, within a 10-day period following publication of the final rates, file with the Secretary a verified petition to review the Department’s determination of the prevailing wage rate or rates. The petition shall set forth the facts upon which it is based. Upon receipt of such petition, the Secretary will, upon notice to the petitioner and the recognized collective bargaining representatives for the particular printing crafts and classifications involved and to other interested persons who shall in writing request the Secretary so to do, hold a public hearing in accordance with the procedures set forth in 1 Pa. Code Chapter 35 (relating to formal proceedings) within 30 days after the filing of such petition. Following such hearing, the Secretary will make a determination which will be final unless appealed to the Commonwealth Court.

§ 9.206. Inspection of records.

 Contractors shall afford the Secretary or his authorized representative access to their premises and to the records which they are required to maintain under §  9.208 (relating to records of employment) at such reasonable times as the Department deems necessary for the enforcement of the act. Contractors shall further permit the Secretary or his authorized representative to interrogate any employe in the place of employment and during working hours with respect to the contractors’ records and any other matter relevant to the enforcement of the act. Where such records are maintained at a central record keeping office outside of the Commonwealth, such records shall be made available for inspection at the place of employment within seven calendar days following verbal or written notice from the Secretary or his authorized representative.

Cross References

   This section cited in 34 Pa. Code §  9.209 (relating to violations).

§ 9.207. Preservation of records.

 Contractors shall preserve the records which they are required to maintain under §  9.208 (relating to records of employment) for a minimum period of two years following the date of final payment under the contract or following the date of last entry in such records, whichever is later. The Department may audit such records at any time during such two-year period and, for that purpose, the contractor shall provide representatives of the Department with necessary access, space, and assistance.

Cross References

   This section cited in 34 Pa. Code §  9.209 (relating to violations).

§ 9.208. Records of employment.

 Contractors shall maintain the following records of employment:

   (1)  Name, address, social security number, and occupation of each employe engaged in the performance of the printing contract.

   (2)  Wage-and-hour records for each such employe, including the rate of wages and the amount paid each pay period, the hours worked each day and each week, and the period during which each such employe was engaged on a printing contract for the Commonwealth, with such contract individually identified.

   (3)  All basic time cards or sheets of the contractor on which are entered the daily starting and stopping time of individual employes or of separate work forces or the individual employe’s daily, weekly or pay period amounts of work accomplished—for example, units produced—when those amounts determine in whole or in part the pay period earnings or wages of those employes.

   (4)  All tables or schedules of the contractor which provide the piece rates or other rates used in computing straight-time earnings, wages or salary, or overtime excess compensation.

   (5)  All schedules or tables of the employer which establish the hours and days of employment of individual employes or of separate work forces.

   (6)  All other records necessary to determine whether the contractor has complied with the act.

Cross References

   This section cited in 34 Pa. Code §  9.206 (relating to inspection of records); 34 Pa. Code §  9.207 (relating to preservation of records) and 34 Pa. Code §  9.209 (relating to violations).

§ 9.209. Violations.

 Complaints that a contractor has violated the act shall be filed with the Department, which will investigate such complaints and, where appropriate, hold hearings upon due notice to all interested parties. Failure of a contractor to maintain records as required by §  9.208 (related to records of employment) or to permit inspection as required by § §  9.206 and 9.207 (relating to inspection of records; and preservation of records) will be a basis for a finding by the Secretary that the contractor has violated the act.

§ 9.210. Employe rights.

 This chapter is not intended to replace or otherwise affect employe rights to sue or otherwise pursue remedies available for the payment of wages due.



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