62 Pa.C.S. Ch. 36

in effect

62 Pa.C.S. § 3601 Short title of chapter.

This chapter shall be known and may be cited as the Prohibited Contracts Act.

62 Pa.C.S. § 3602 Declaration of purpose.

The General Assembly finds and declares as follows: (1) Pennsylvania is privileged to engage in international trade and commercial activities. (2) Israel is America's dependable, democratic ally in the Middle East, an area of paramount strategic importance to the United States. (3) It is in the interest of the United States and the Commonwealth to stand with Israel and other countries by promoting trade and commercial activities and to discourage policies that disregard that interest.

62 Pa.C.S. § 3603 Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Boycott." To blacklist, divest from or otherwise refuse to deal with a person or firm when the action is based on race, color, religion, gender or national affiliation or origin of the targeted person or entity. "Company." Any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability company or other entity or business association qualified to do business in this Commonwealth.

62 Pa.C.S. § 3604 Prohibition.

Notwithstanding any other provision of law and except as provided under section 516 (relating to emergency procurement), a purchasing agency may not contract with a company to acquire or dispose of supplies, services or construction that exceed the applicable small purchase threshold unless the company certifies that: (1) the company is not currently engaged in a boycott of a person or an entity based in or doing business with a jurisdiction which the Commonwealth is not prohibited by Congressional statute from engaging in trade or commerce; and (2) the company will not during the duration of the contract engage in a boycott of a person or an entity based in or doing business with a jurisdiction where the Commonwealth is not prohibited by Congressional statute from engaging in trade or commerce. Cross References. Section 3604 is referred to in sections 3605, 3606 of this title.

62 Pa.C.S. § 3605 Certification.

The department shall make available a certification form indicating that a company is eligible to contract with the department under section 3604 (relating to prohibition). The company shall provide a certification form to the department when registering to do business as a vendor with the Commonwealth.

62 Pa.C.S. § 3606 Penalties for false certification.

(a) Penalties.--A company shall pay a civil penalty in the amount of $250,000 or twice the amount of the contract, whichever is greater, if the department determines that the company provided a false certification form to the department under section 3604 (relating to prohibition). (b) Report of false certification.--The department shall report to the Attorney General the name of the company that submitted the false certification and the pertinent information that led to the department's determination. No later than three years after the department makes a determination under subsection (a), the Attorney General shall determine whether to bring a civil action against the company to collect the penalty described in subsection (a). If a court determines the company submitted a false certification, the company shall pay all reasonable costs and fees incurred in the civil action. Reasonable costs shall include the reasonable costs incurred by the Commonwealth entity in investigating the authenticity of the certification. Only one civil action against the company may be brought for a false certification on a contract. (c) No private right of action.--Nothing in this section may be construed to create or authorize a private right of action.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=62Fetched: 10/16/2026