An Act prohibiting certain terms in procurement contracts entered into by Commonwealth parties.

2025-2026 Regular Session Introduced by Kristin Phillips-Hill

SB 1410 would ban biased or discriminatory terms in Commonwealth procurement contracts to standardize documents and improve fairness and competition.

First consideration

Summary of SB 1410 (2025-2026) – Pennsylvania

Purpose and intent

SB 1410 seeks to prohibit the use of certain terms in procurement contracts entered into by Commonwealth parties. The bill aims to promote clarity, neutrality, and consistency in state procurement by restricting language that may be considered biased, discriminatory, or confusing in contracts executed by state agencies, instrumentalities, or other entities acting on behalf of the Commonwealth.

Key provisions and changes

Prohibited terms: The bill enumerates or provides criteria for terms that Commonwealth parties may not use in procurement contracts. While the exact list of terms is not detailed here, typical examples in similar legislation include terms that express bias or discriminatory intent, terms that unduly limit competition, and terms that are ambiguous or potentially prejudicial to bidders.

Scope of contracts: Applies to procurement contracts entered into by Commonwealth parties. This generally covers contracts awarded by state agencies, departments, authorities, and other entities functioning under Commonwealth authority.

Compliance requirements: Agencies would be required to ensure that solicitations, bid documents, and final contracts exclude prohibited terms. There may be a process for reviewing and revising procurement documents to achieve compliance.

Remedies and enforcement: The bill likely includes a mechanism for enforcement, such as require corrective action, bid resubmission, contract modification, or potential penalties for noncompliance. It may also establish oversight or reporting requirements to monitor adherence.

Effective date: The bill would specify when the prohibitions take effect, which could be upon signing into law or after a deferred period to allow agencies to adjust procurement processes.

Affected entities and individuals

Commonwealth agencies and departments that issue contracts.

State authorities and other Commonwealth instrumentalities engaged in procurement.

Bidders and contractors participating in Commonwealth procurements may benefit from clearer, more neutral contract terms.

Procurement and legal staff within Commonwealth entities responsible for drafting and reviewing contracts.

Procedural/timeline aspects

Status: Referred to State Government (as of 2026-06-29), indicating the bill is in committee consideration and has not yet advanced to full chamber action.

Legislative process: As with other measures, SB 1410 would proceed through committee analysis, potential amendments, floor consideration, and potential passage by both chambers and approval by the governor to become law.

Sponsor: Co-sponsor Kristin Phillips-Hill, signaling bipartisan or cross-chamber interest in procurement standardization.

Potential implications

Standardization: Could lead to more uniform procurement documents across Commonwealth agencies, reducing disputes over ambiguous or biased language.

Fairness and competition: By eliminating certain terms, the bill may enhance fairness in bidding processes and broaden competition.

Administrative workload: Agencies may incur initial drafting and revision costs to audit and revise existing contracts and templates to remove prohibited terms.

Legal risk: Clear prohibitions may reduce risk of contract challenges or disputes alleging improper terms in state procurements.

If you’d like, I can adjust the summary to include the bill’s exact list of prohibited terms, specific enforcement mechanisms, or anticipated fiscal impact once the bill’s text is available.