Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 4384 (July 30, 2022).

52 Pa. Code § 69.802a. Definitions for reporting vendor statistics.

§ 69.802a. Definitions for reporting vendor statistics.

 The following words and terms, when used in § §  69.801—69.809 in the context of major jurisdictional utility company vendors, have the following meanings, unless the context clearly indicates otherwise:

   Control—The exercise of the power to make policy decisions.

   Exempt Procurement—A product or service which may be removed from the dollar base used to establish minimum improvement levels, because of the demonstrated unavailability of a minority/women/people with disabilities/LGBTQ/veteran-owned business currently capable of supplying a product or service. the term may also include one or more of the following situations:

     (I)   The vendor is the original equipment manufacturer.

     (II)   The vendor is the only known source of the product or service.

     (III)   A plant emergency situation dictates use of a specific vendor.

     (IV)   Purchases from affiliates, corporate parents and their subsidiaries.

   LGBTQ—Lesbian, gay, bisexual, transgender, queer and questioning.

   MBE—Minority-Owned Business Enterprise—A business enterprise that is at least 51% owned by a minority individual or group or individuals; or a publicly-owned business that has at least 51% of its stock owned by one or more minority individuals, and whose management and daily business operations are controlled by these individuals. ‘‘Minority’’ may include Black Americans, Hispanic-Americans, Native Americans, Asian-Pacific Americans or any other socially disadvantaged individuals as defined in 13 C.F.R. §  124.103.

   Operate—Active involvement in the day-to-day management. the term involves more than acting as officers or directors.

   Person with disabilities—A person who has a disability as defined in the Americans with Disabilities Act (ADA), 42 U.S.C.A. §  12102. Employer reporting on person with disabilities should be based on employee self-identification.

   Subcontract—An agreement or arrangement between a contractor and a party or person—in which the parties do not stand in the relationship of an employer and an employe—for the furnishing of supplies or services for the use of real or personal property, including lease arrangements, which in whole or in part, is necessary to the performance of any one or more contracts.

   Veteran—A person who meets any veteran category defined in 42 C.F.R. §  61-300.2.

   WBE—Women-Owned Business Enterprise—A business enterprise that is at least 51% owned by a woman or women; or a publicly owned business that has at least 51% of its stock owned by one or more women, and whose management and daily business operations are controlled by one or more women.

Authority

   The provisions of this §  69.802a amended under the Public Utility Code, 66 Pa.C.S. § §  501, 505, 506 and 512.

Source

   The provisions of this §  69.802a adopted January 22, 2021, effective January 23, 2021, 51 Pa.B. 435.

Cross References

   This section cited in 52 Pa. Code §  69.802 (relating to definitions for reporting employee statistics).



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