4 Pa. Code § 66.3

Current through Register Vol. 54, No. 25, June 22, 2024

Section 66.3 - Definitions

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Act-The Public Works Employment Verification Act (71 P.S. §§ 656.1-656.11).

Contract-A type of written agreement, regardless of what it may be called, for the procurement of construction work.

Department-The Department of General Services.

EVP-E-Verify program-The program operated by the United States Department of Homeland Security that electronically verifies employment eligibility.

Employee-An individual hired by a public works contractor or a subcontractor for whom a public works contractor or subcontractor is required by law to file a Form W-2 with the Internal Revenue Service.

Form-Public Works Employment Verification Form.

Maintenance work-Annual inspection or routine upkeep of an existing facility which does not alter the use or size of the facility.

Public body-The Commonwealth, its political subdivisions, authorities created by the General Assembly of the Commonwealth and instrumentalities or agencies of the Commonwealth.

Public works-

(i) The construction, reconstruction, demolition, alteration or repair work other than maintenance work done under contract and paid for in whole or in part out of the funds of a public body when the estimated cost of the total project is in excess of $25,000.

(ii) The term does not include work performed under a manpower or rehabilitation training program.

Public works contractor-A contractor that provides work under a contract involving public works.

Secretary-The Secretary of the Department.

Subcontractor-

(i) A person, other than a natural person, including a staffing agency, that performs work for a public works contractor under a contract for public works.

(ii) The term includes subcontractors of every level, that is, sub-subcontractors, sub-sub-subcontractors, and the like.

(iii) The term does not include persons that supply materials for a project.

Willful-An action or conduct undertaken intentionally or with reckless disregard for or deliberate ignorance of the requirements and obligations established under the act.

4 Pa. Code § 66.3

Amended by Pennsylvania Bulletin, Vol 53, No. 29. July 22, 2023, effective 7/22/2023