Prequalification of Prospective Bidders for Contracts for Construction of Public Works.
Philadelphia Code § 17-101
in effect§ 17-101. Prequalification of Prospective Bidders for Contracts for Construction of Public Works.
(1) Public Works. In order to determine whether any prospective bidder for a City contract for construction of public works to be awarded pursuant to subsection 8-200(2) of the Charter is a responsible bidder, the Procurement Department shall, not later than one week prior to the time of the opening of bids for such contract, require every prospective bidder to file a certified statement on a form supplied by the Procurement Department.
(2) Statement. Such certified statement shall set forth in full the information requested by the Procurement Department regarding the responsibility of the prospective bidder, including but not limited to information concerning:
(a) financial resources;
(b) plant and equipment facilities;
(c) organization and personnel;
(d) prior experience;
(e) record of performance of prior contracts. 3
(3) Qualifications. Not later than 96 hours prior to the time of opening of bid, the Procurement Department acting in concert with the appropriate operating Department shall: 4
(a) review or investigate all such statements received;
(b) determine the responsibility of all prospective bidders filing such statements;
(c) notify all prospective bidders whether or not they have been found to be responsible bidders.
(4) Appeal. Any person aggrieved by a determination made under subsection 17-101(3) may, within 24 hours after receipt of such notice, request a hearing before a board of three members, to be composed of the Procurement Commissioner and two other heads of departments, chiefs of bureaus or other City officials to be designated by the Managing Director and may present such further evidence with respect to his responsibility or the responsibility of other prospective bidders as would justify a different determination.
(5) Review. The hearing officers shall review the responsibility of all prospective bidders who have filed statements, consider all the evidence presented, and render a prompt decision thereon.
(6) Other Contracts. In order to determine whether any prospective bidder for a City contract other than for public works is a responsible bidder, the Procurement Department may require the bidders to submit such information as will enable the Department to ascertain their qualifications.
(7) Disqualification. Nothing contained in this Section shall prohibit the Procurement Department from disqualifying any bidder at any time prior to the award of a City contract if the Procurement Department obtains information which in its opinion adversely affects the responsibility of such bidder. 5
(8) Additional Workforce and Contractor Qualification Requirements. 5.1
(a) In this subsection 17-101(8), the following definitions shall apply:
(.1) “Certified Apprenticeship Program” means: (.a) a program registered with the Apprenticeship and Training Council of the Commonwealth, as specified under the Commonwealth of Pennsylvania’s “Apprenticeship and Training Act”, and evidenced by a Certificate of Registration or other appropriate document as meeting the apprenticeship standards of the Council; or (.b) a registered apprenticeship program of another state that is approved by a state apprenticeship agency.
(.2) “Contractor” means the person with a direct contractual agreement with the City of Philadelphia to undertake a public works project.
(.3) “Covered Public Works Project Contract” means any contract valued at three hundred thousand dollars ($300,000) or more for the construction, demolition, alteration, renovation, modernization, service, or maintenance of buildings, infrastructure, or facilities on behalf of the City of Philadelphia where the anticipated contracted on-site workforce is reasonably expected to exceed four (4) individuals at one time. Covered Public Works Contract shall not include any contract relating to roadwork, paving, or any contract affecting streets or the right-of-way.
(b) This subsection shall apply to all Covered Public Works Project Contracts.
(c) Any contractor that performs work on a Covered Public Works Project Contract shall satisfy the requirements of this subsection, regardless of the value of their individual contracts, inclusive of the sum of any work performed by subcontractors at any tier.
(d) At the time of bid, each bidder shall certify that, by project completion, at least seventy percent (70%) of its total contracted on-site workforce, inclusive of subcontractors, has successfully completed, or is enrolled in a certified apprenticeship program.
(e) Any contractor covered by this subsection shall be subject to the requirements of subsection 17-101(1).
(f) A contractor covered by this subsection shall provide documentation proving compliance with this subsection on a periodic basis, as determined by regulation of the Department of Labor. Such documentation shall include, but not be limited to, lists of workforce members designated to work on the project, proof of enrollment and completion in certified apprenticeship programs, training completion certificates, and any other records deemed necessary by the Procurement Department to verify compliance.
(g) Any contractor that fails to meet the requirements set forth in this subsection, including but not limited to the seventy percent (70%) certified apprenticeship workforce requirement, shall be deemed not responsible and shall be disqualified from bidding on or performing work on Covered Public Works Project Contracts. The Procurement Department may also disqualify or debar any firm for falsification or misrepresentation of documentation related to compliance with these workforce standards.
(h) This subsection shall not apply to a Covered Public Works Project Contract if, upon request from the contracting City agency, the Procurement Commissioner certifies in writing that full compliance with this subsection would be unfeasible based on the need for specialization or the absence of available apprenticeship programs in the building trades for which the City is contracting.
(i) The Procurement Commissioner shall submit an annual report to the Clerk of the Council justifying each exercise of subsection 17-101(8)(h) no later than June 30 of each year.
(j) The Department of Labor is authorized to compel contracted on-site workforce personnel to fully participate in interviews for the purpose of verifying compliance with this subsection.
(k) If any provision of this subsection conflicts with any federal or state law, such provision shall not apply to the extent that such provision is preempted by federal or state law.
Notes
2 | Source: 1940 Ordinances, p. 331.
3 | Source: 1897 Ordinances, p. 38.
4 | Amended, 1959 Ordinances, p. 660.
5 | Amended, 1959 Ordinances, p. 660.
5.1 | Added, Bill No. 250607 (approved January 20, 2026), effective July 1, 2026.
Source: City of Philadelphia, The Philadelphia Code and Home Rule Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-295317Fetched: 10/27/2026