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Award of contracts - 64 Pa. Cons. Stat. § 6016

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     § 6016.  Award of contracts.
        (a)  Lowest responsible bidder.--All construction,
     reconstruction, repairs or work of any nature made by the
     authority where the entire cost, value or amount of
     construction, reconstruction, repairs or work, including labor
     and materials, shall exceed $25,000, except construction,
     reconstruction, repairs or work done by employees of the
     authority or by labor supplied under agreement with any Federal
     agency, State public body, political subdivision or city with
     supplies and materials purchased as provided in this chapter,
     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 in this chapter, but the authority
     shall have the right to reject any or all bids or select a
     single item from any bid. No contract shall be entered into for
     construction or improvement or repair of any project or portion
     of a project unless the contractor shall provide sufficient
     surety or sureties approved by the authority, and in an amount
     fixed by the authority, for the performance of the contract. All
     contracts shall provide, among other things, that the person or
     corporation entering into the contract with the authority will
     pay for all materials furnished and services rendered for the
     performance of the contract and that any 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
     undertaking, provided the action is brought within one year
     after the time the cause of action accrued. Nothing in this
     section shall be construed to limit the power of the authority
     to construct, repair or improve any project or portion of a
     project or any addition, betterment or extension to a project,
     directly by the officers and employees of the authority. Whether
     the costs of the project are being paid for in whole or in part
     with funds provided under section 6015 (relating to transfer of
     existing facilities or funds; making of annual grants and lease
     payments to authority; Commonwealth bonds), the authority may
     award the construction, expansion or substantial renovation of a
     convention center as a single bid project without regard 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 not be subject to 62 Pa.C.S. (relating to procurement).
     Nothing in this section or any other law of this Commonwealth
     shall require the authority to competitively bid architectural
     design, engineering, construction management or other
     professional services required by the authority.
        (b)  Supplies and materials.--All supplies and materials
     costing $25,000 or more to be acquired directly by the authority
     shall be purchased only after due advertisement as provided in
     this chapter. 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 or
     all bids or select a single item from any 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)  Management prerogatives.--Nothing in this section or in
     any other law of the Commonwealth shall preclude the board, with
     the approval of eight members of the board, from negotiating
     contracts for management, operation, concession services,
     licensing or leasing of a convention center or any part of a
     convention center. The authority shall not award any contract to
     any manager, operator, concessionaire, licensee, lessee or
     lessor that exceeds three years in duration unless eight members
     of the board approve the awarding of a contract for a greater
     period of time.
        (d)  Application of city ordinances.--The authority, its
     contractors, subcontractors, assignees, lessees, agents, vendors
     and suppliers shall not be subject to any city laws, ordinances,
     rules or regulations relating to any limits or preferences with
     regard to employment, contracting or procurement in the
     construction and operation of the convention center.
        (e)  Steel products.--The authority shall be subject to 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)  Waiver of notice.--Public notice under this section may
     be waived if the authority determines an emergency exists and
     the supplies and materials must be purchased immediately by the
     authority.
        (g)  Definitions.--As used in this section, the term
     "advertisement" or "public notice" means a notice published at
     least ten days before the award of any contract in a newspaper
     of general circulation published in the city.

Last modified: November 27, 2007