Section 17345 - Award of contracts(a) Bids.-- (1) All construction, reconstruction, repairs or work of any nature made by the authority in which the entire cost, value or amount exceed the adjusted base amount under subsection 15101(a) for which bids are required for counties shall be approved only under contract.(2) For a contract under paragraph (1), the authority shall:(i) provide public notice to solicit competitive bids as provided under this section; and(ii) enter into the contract with the lowest responsible bidder.(3) The authority shall have the right to reject any bid or select a single item from any bid in accordance with paragraph (2).(b) Contracts.-- (1) Subsection (a) shall not apply to 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.(2) No contract shall be entered into under subsection (a) for construction, improvement or repair of a project unless the contractor provides sufficient surety approved by the authority in an amount fixed by the authority for the performance of the contract.(3) All contracts entered into under subsection (a) shall provide that the individual 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 an individual or corporation furnishing materials or rendering services may maintain an action to recover against its obligor providing materials or services within one year.(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 any addition, betterment or extension of 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), entitled "An act regulating the letting of certain contracts for the erection, construction, and alteration of public buildings," and shall be subject to 62 Pa.C.S. Pt. I (relating to Commonwealth Procurement Code).(6) Nothing in this section or other law of this Commonwealth shall require the authority to competitively bid architectural design, engineering or other professional services required by the authority.(c) Notice.--The authority shall provide due public notice to receive bids for contracts for supplies and materials that exceed the adjusted base amount under subsection 15101(a) for which bids are required for counties.(d) Accepted bid.--The authority shall accept the lowest bid from a responsible bidder when kind, quality and material is equal, and the following apply: (1) The authority shall have the right to reject any bid or select a single item from a bid.(2) This subsection shall not apply to the purchase of unique supplies and materials or supplies and materials which cannot be obtained in the open market.(e) Convention center facilities.--The board, upon the approval of six members, may negotiate contracts for management, operation, concession services, licensing or leasing of convention center facilities, or any part. The authority shall not award a contract to a manager, operator, concessionaire, licensee, lessee or lessor that exceeds three years in duration unless six members of the board approve the awarding of a contract for a greater period of time. The authority and the authority's contractors, subcontractors, assignees, lessees, agents, vendors and suppliers shall not be 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 convention center facilities.(f) Governing law.--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).(g)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 or 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. The notice 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.