(a) General rule.-- Notwithstanding any other provision of law: (1) The department shall allow any Pennsylvania company to bid for a contract that the department plans to award for plugging oil or gas wells, regardless of the size of the company. This paragraph shall not prohibit the department from accepting or awarding bids for contracts for plugging oil or gas wells from companies which are not Pennsylvania companies if no other law, regulation or Executive Order would prevent the company which is not a Pennsylvania company from bidding. (2) (Reserved). (b) Definition.-- As used in this section, the term "Pennsylvania company" means a business entity that: (1) has its main offices or headquarters located within this Commonwealth and conducts at least 50% of its business activities within this Commonwealth; or (2) will bid for State contracts for plugging oil or gas wells and subcontract the work to subcontractors selected through a competitive bidding process that gives priority to subcontractors that satisfy the criteria specified under paragraph (1) when possible.
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