Senate Bill 1410 Printer's Number 1864
PENNSYLVANIA, June 29 - "Construction." As defined in 62 Pa.C.S. § 103 (relating to
definitions).
"Local agency." A government unit other than the
Commonwealth government. The term includes an intermediate unit,
municipality cooperating in the exercise or performance of
governmental functions, powers or responsibilities under 53
Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental
cooperation), a council of government and other entity created
by two or more municipalities under 53 Pa.C.S. Ch. 23 Subch. A.
"Procurement." As defined in 62 Pa.C.S. § 103.
"Services." As defined in 62 Pa.C.S. § 103.
"Supplies." As defined in 62 Pa.C.S. § 103.
Section 3. Prohibited terms.
Except as otherwise required by Federal or State law, a
contract or agreement, regardless of cost, for the procurement
or disposal of supplies, services or construction or the
licensing, access, exchange or use of information, software or
information technology entered into by a Commonwealth party or
local agency may not include a provision that:
(1) Requires the Commonwealth party or local agency to
indemnify, defend or hold any other entity harmless from
liability.
(2) Subjects the Commonwealth party or local agency to
binding arbitration or any other binding dispute resolution
process.
(3) Designates a venue for a legal action or dispute
against the Commonwealth party outside the courts of the
Commonwealth or a Federal court in Pennsylvania or waives a
claim or defense that the forum is not convenient or proper.
(4) Requires the contract to be governed by the laws of
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