PENNSYLVANIA, September 13 - the meanings given to them in this section unless the context

clearly indicates otherwise:

* * *

"Small business." A business [in the United States] based in

this Commonwealth which is independently owned, is not dominant

in its field of operation [and employs 100 or fewer employees.],

employs 500 or fewer employees and has a three-year average of

annual gross revenues of $38,500,000 or less.

Section 3. Section 2103 of Title 62 is amended to read:

§ 2103. Regulations.

(a) Authorization.--The department shall establish policy

for executive and those independent agencies for which the

department acts as purchasing agency and may promulgate

regulations establishing detailed definitions of the words and

phrases defined in section 2102 (relating to definitions) using,

in addition to the criteria set forth in section 2102, other

criteria as it deems appropriate, [including] excluding the

number of employees and the dollar volume of business. State-

affiliated entities shall implement the policy for their

procurement programs.

(b) Construction.--

(1) A business chartered or organized outside of the

United States or in a state or territory other than this

Commonwealth shall not be considered a small business or

disadvantaged business for the purposes of this chapter.

(2) A policy established by the department for executive

agencies or those independent agencies for which the

department acts as purchasing agency or a regulation

promulgated by the department establishing detailed

definitions of the words and phrases defined in section 2102

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