16 Pa. Stat. § 2317

Current through P.A. Acts 2024-18

Section 2317 - Separate bids for plumbing, heating, ventilating, air conditioning, electrical work, elevators and escalators

(a) In the preparation of specifications for the erection, construction and alteration of any public building, when the entire cost of such work shall exceed the base amount established under the provisions of section 1801, the architect, engineer or other person preparing such specifications shall prepare the following separate specifications:

(1) plumbing,

(2) heating, ventilating and air conditioning,

(3) electrical work,

(4) elevators and escalators, and

(5) one complete set of specifications for all work not otherwise specified. The commissioners shall receive separate bids upon each of the said branches of work and award the contract for the same to the lowest responsible bidder for each of said branches, including the balance of the work not otherwise specified.

(b) Notwithstanding the separate specification provisions of subsection (a), an authority organized under the act of August 23, 1967 ( P.L. 251, No.102), known as the "Economic Development Financing Law," which is engaged to erect, construct or alter a public purpose facility for a county of the second class A may elect to use an alternative contracting procedure as follows:

(1) The authority may, in its sole discretion, elect to use an alternative contracting procedure for a project involving selected public purpose facilities. If the authority elects to utilize an alternative contracting procedure, its board shall adopt a resolution that the use of an alternative contracting procedure is the most efficient, economical and timely method to proceed with a project. Upon adoption of a resolution, the authority shall request written proposals from proposers for a project involving selected public purpose facilities under an alternative contracting method. In its request for proposals, the authority shall include such terms, conditions and requirements which it deems necessary to protect the authority and the interests of the public.

(2) In reviewing and evaluating the proposals for a project involving selected public purpose facilities, the authority shall, in addition to compliance with the terms, conditions and requirements set forth in the request for proposals, consider the following criteria:

(i) The cost of the project.

(ii) Experience of the proposer.

(iii) Adherence to the act of March 3, 1978 ( P.L. 6, No.3), known as the "Steel Products Procurement Act."

(iv) Adherence to prevailing wage laws and other work force standards.

(v) Commitment to enter into voluntary contracts with disadvantaged business enterprises. After due consideration of proposals under the criteria described in this paragraph, the authority may, in its discretion, upon recommendation of its designee or project end user, select a proposal and award a contract to a responsible proposer under an alternative contracting procedure. The award of a contract for the project need not be awarded to the lowest priced proposer.

(3) Any contract awarded under this subsection shall be exempt from the act of May 1, 1913 ( P.L. 155, No.104), referred to as the Separations Act, or from any subsequent enactment or reenactment of substantially similar separate bid specification requirements.

(4) As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Alternative contracting procedure" shall mean a procedure under which a proposer would be responsible for all aspects or phases necessary to achieve the development of a parcel of property. Such aspects or phases of development may include, but not necessarily be limited to, the planning, design, finance, construction and management of property.

"Design/build contract" shall mean a construction contract in which the contractor is responsible for both the design and construction of any public structure, building or other public improvement of any kind to any public real property.

"Project" or "project involving a selected public purpose facility" shall mean the demolition, modification and construction of a building or group of buildings with related facilities formerly owned by a county and previously used as a jail or office facility.

"Project end user" shall mean the governmental body or entity that will use the selected public purpose facility under a contract or lease with the authority.

"Proposer" shall mean a firm, organization or company or a combination of firms, organizations or companies acting as a partnership, joint venture, consortium or similar joint relationship with sufficient knowledge, expertise and experience in design/build contracts.

16 P.S. § 2317

Amended by P.L. TBD 2018 No. 154, § 93, eff. 12/24/2018.

1955, Aug. 9, P.L. 323, § 2317. Amended 1967, Aug. 25, P.L. 279, 5; 1981, Dec. 22, P.L. 580, No. 167, § 2, effective in 60 days; 1990, July 10, P.L. 379, No. 89, § 2, effective in 60 days; 2011, Nov. 3, P.L. 349, No. 86, § 2, imd. effective.