Section 17315 - Award of contracts(a) General rule.--All construction, reconstruction, repairs or work of any nature made by an authority in which the entire cost, value or amount of the construction, reconstruction, repairs or work, including labor and materials, shall exceed the adjusted base amount under subsection 15101(a) (relating to commissioners sole contractors for county generally) for which bids are required for counties, except construction, reconstruction, repairs or work done by employees of the authority or by labor supplied under agreement with a Federal agency, State public body or political subdivision, with supplies and materials purchased as provided under this section, shall be done only under contract or contracts to be entered into by the authority with the lowest responsible bidder upon proper terms after due public notice has been given asking for competitive bids as provided under this section and in accordance with the following: (1) The authority shall have the right to reject any or all bids or select a single item from any bid.(2) Contracts may not be entered into for construction or improvement or repair of a project or portion of a project unless the contractor provides sufficient surety or sureties approved by the authority in an amount fixed by the authority for the performance of the contract.(3) All contracts shall provide that the person or corporation entering into the contract with the authority pay for all materials furnished and services rendered for the performance of the contract and that a person or corporation furnishing materials or rendering services may maintain an action to recover for the same against the obligor in the undertaking as though the person or corporation was named in the contract if the action is brought within one year after the time the cause of action accrued.(4) Nothing in this section shall be construed to limit the power of the authority to construct, repair or improve a project or portion of a project or an addition, betterment or extension to a project directly by the officers and employees of the authority.(5) The authority shall award the construction of a convention center according to the provisions of the act of May 1, 1913 (P.L.155, No.104), referred to as the Separations Act, and shall be subject to 62 Pa.C.S. Pt. I (relating to Commonwealth procurement code).(6) Nothing in this section or any other law shall require the authority to competitively bid architectural design, engineering or other professional services required by the authority.(b) Purchasing of supplies and materials.--All supplies and materials the cost of which exceed the adjusted base amount under subsection 15101(a) for which bids are required for counties to be acquired directly by the authority shall be purchased only after due advertisement. The authority shall accept the lowest bid or bids from a responsible bidder, kind, quality and material being equal, but the authority shall have the right to reject any bid or select a single item from a bid. The provisions as to bidding shall not apply to the purchase of unique supplies and materials or supplies and materials which cannot be obtained in the open market.(c) Construction.--Nothing in this section or in any other law shall preclude the board with the approval of five members from negotiating contracts for management, operation, concession services, licensing or leasing of a convention center or any part of a convention center. The authority may not award a contract to a manager, operator, concessionaire, licensee, lessee or lessor which exceeds three years in duration unless five members of the board approve the awarding of a contract for a greater period of time.(d) Local regulation.--The authority and authority contractors, subcontractors, assignees, lessees, agents, vendors and suppliers are not subject to county or county seat laws, ordinances, rules or regulations relating to limits or preferences with regard to employment, contracting or procurement in the construction and operation of the convention center.(e)Applicability of other acts.--The authority shall be subject to the act of August 15, 1961 (P.L.987, No.442), known as the Pennsylvania Prevailing Wage Act, the act of March 3, 1978 (P.L.6, No.3), known as the Steel Products Procurement Act, and 62 Pa.C.S. Ch. 37 Subch. B (relating to motor vehicles).(f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Advertisement." A public notice.
"Public notice." A notice published at least 10 days before the award of a contract in a newspaper of general circulation published in the county, which may be waived if the authority determines an emergency exists and supplies and materials must be immediately purchased by the authority.
Added by P.L. (number not assigned at time of publication) 2024 No. 14,§ 4, eff. 7/8/2024.