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Specific construction powers, duties and procedures - 62 Pa. Cons. Stat. § 322

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     § 322.  Specific construction powers, duties and procedures.
        The following procedure shall apply to construction to be
     completed by the department which costs more than the amount
     established by the department under section 514 (relating to
     small procurements) for construction procurement unless the work
     is to be done by Commonwealth agency employees or by inmates or
     patients of a Commonwealth agency institution:
            (1)  The Commonwealth agency or State-related institution
        shall notify the department to have plans and specifications
        for the project.
            (2)  Promptly after the notice in such cases or promptly
        after any appropriation made to it becomes available, the
        department shall, if necessary, select an architect and/or an
        engineer in accordance with the selection procedures of
        section 905 (relating to procurement of design professional
        services) to design the work and prepare the specifications
        therefor. The department may, as an alternative, enter into a
        design/build contract in accordance with section 511
        (relating to methods of source selection). Such design/build
        contracts shall be subject to the requirements of this act
        and the provisions of the act of August 15, 1961 (P.L.987,
        No.442), known as the Pennsylvania Prevailing Wage Act.
        Design/build contracts shall also be subject to 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," to the
        extent provided in paragraph (6).
            (3)  The department shall enter into a contract with the
        architect or engineer which shall provide all of the
        following:
                (i)  A date for the completion of the plans and
            specifications.
                (ii)  That the plans and specifications must meet
            with the approval of the Commonwealth agency or State-
            related institution for which the building is being
            erected, altered or enlarged and, in the case of an
            administrative board or commission of the Commonwealth
            agency with which the board or commission is respectively
            connected, to the extent of the type and general
            character of the building, design of the floor layouts,
            medical equipment or other equipment of a nature peculiar
            to the building for which the plans and specifications
            are being prepared.
                (iii)  That the plans, drawings and specifications
            must be approved by the department.
                (iv)  That the plans and specifications must be
            approved by the Department of Labor and Industry, the
            Department of Health and the Department of Environmental
            Protection to the extent to which those Commonwealth
            agencies, respectively, have jurisdiction to require the
            submission to them for approval of certain features of
            the building.
        The architect or engineer in preparing plans and
        specifications shall consult with the department, and the
        department shall insist upon the prompt completion of the
        plans and specifications within the time prescribed in the
        architect's or engineer's contracts unless it shall
        specifically agree in writing to an extension thereof.
            (4)  The enforcement of all contracts provided for by
        this section shall be under the control and supervision of
        the department. The department shall have the authority to
        engage the services of a construction management firm to
        coordinate the work of the total project. All questions or
        disputes arising between the department and any contractor
        with respect to any matter pertaining to a contract entered
        into with the department or any part thereto or any breach of
        contract arising thereunder shall be submitted to final and
        binding arbitration as provided by the terms of the contract,
        which finding shall be final and not subject to further
        appeal, or, if not so provided, shall be referred to the
        Board of Claims as set forth in the act of May 20, 1937
        (P.L.728, No.193), referred to as the Board of Claims Act,
        whose decision and award shall be final and binding and
        conclusive upon all parties thereto except that either party
        shall have the right to appeal from the decision and award as
        provided by law.
            (5)  The department shall examine all bills on account of
        the contracts entered into under the provisions of this
        section, and, if they are correct, the department shall
        certify that the materials have been furnished or that the
        work or labor has been performed in a workmanlike manner and
        in accordance with the contract, approve the bills and issue
        its requisition therefor or forward its certificate to the
        proper Commonwealth agency or State-related institution as
        the case may be. Progress payments and final payments shall
        not estop the department from pursuing its lawful remedies
        for defects in workmanship or materials or both and other
        damages.
            (6)  For construction contracts where the total
        construction costs are less than $25,000, the department
        shall not be required to comply with 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 the department may award
        such contracts in accordance with section 511. All projects
        equal to or exceeding $25,000 shall be subject to 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." Whenever
        the department enters into a single contract for a project,
        in the absence of good and sufficient reasons the contractor
        shall pay each subcontractor, within 15 days of receipt of
        payment from the department, an amount equal to the
        percentage of completion allowed to the contractor on the
        account of the subcontractor's work. The contractor shall
        also require the subcontractor to make similar payments to
        his subcontractors.
            (7)  The department shall have the right to engage the
        services of any architect or consulting or supervising
        engineer or engineers whom it may deem necessary for the
        proper designing of or inspection or supervision of projects
        constructed, altered or enlarged by the department under this
        section in accordance with the selection procedures of
        section 905.
            (8)  Changes in scope in the plans or specifications, or
        both, may be made after their approval only with the consent
        of the Governor and all of the Commonwealth agencies and
        State-related institutions whose approval of the original
        plans or specifications, or both, was necessary under this
        section.
            (9)  If the appropriation is to a Commonwealth agency,
        other than the department or State-related institution, the
        department shall award and enter into the contract as agent
        for the Commonwealth agency or State-related institution to
        which the appropriation was made.

        References in Text.  The act of May 20, 1937 (P.L.728,
     No.193), referred to as the Board of Claims Act, referred to in
     par. (4), was repealed by the act of December 3, 2002 (P.L.1147,
     No.142). Section 22 of Act 142 provided that the repeal shall
     take effect upon publication in the Pennsylvania Bulletin of the
     standing order under 67 Pa.C.S. § 1102(g). The subject matter is
     now contained in Subchapter C of Chapter 17 of this title.
        Cross References.  Section 322 is referred to in section 901
     of this title.

Last modified: November 27, 2007