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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY ALLOWAY, SCHWANK, WAUGH AND PICCOLA, JUNE 30, 2011 |
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| REFERRED TO EDUCATION, JUNE 30, 2011 |
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| AN ACT |
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1 | Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An |
2 | act relating to the public school system, including certain |
3 | provisions applicable as well to private and parochial |
4 | schools; amending, revising, consolidating and changing the |
5 | laws relating thereto," in grounds and buildings, further |
6 | providing for work to be done under contract let on bids and |
7 | exception. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Section 751 of the act of March 10, 1949 (P.L.30, |
11 | No.14), known as the Public School Code of 1949, is amended by |
12 | adding a subsection to read: |
13 | Section 751. Work to be Done Under Contract Let on Bids; |
14 | Exception.--* * * |
15 | (a.2) Notwithstanding the separate specification provisions |
16 | of subsection (a), a school district may elect to use an |
17 | alternative contracting procedure as follows: |
18 | (1) The school district may elect to use an alternative |
19 | contracting procedure for projects involving selected public |
20 | facilities. If the school district elects to use an alternative |
21 | contracting procedure, the board of school directors shall adopt |
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1 | a resolution that the use of an alternative contracting |
2 | procedure is the most efficient, economical and timely method to |
3 | proceed with a project. |
4 | (2) Upon adoption of a resolution under clause (1), the |
5 | school district shall request written proposals from proposers |
6 | for a project involving selected public facilities under an |
7 | alternative contracting procedure. In its request for proposals, |
8 | the school district shall include such terms, conditions and |
9 | requirements which it deems necessary to protect the school |
10 | district and the interests of the public. |
11 | (2) In reviewing and evaluating the proposals for a project |
12 | involving selected public facilities, the school district shall, |
13 | in addition to confirming the proposer's compliance with the |
14 | terms, conditions and requirements set forth in the request for |
15 | proposals, consider the following criteria: |
16 | (i) the cost of the project; |
17 | (ii) the experience of the proposer; |
18 | (iii) adherence to the act of March 3, 1978 (P.L.6, No.3), |
19 | known as the "Steel Products Procurement Act"; |
20 | (iv) adherence to prevailing wage laws and other work force |
21 | standards; and |
22 | (v) commitment to enter into voluntary contracts with |
23 | disadvantaged business enterprises. |
24 | After due consideration of proposals under the criteria |
25 | described in this clause, the school district may, in its |
26 | discretion, upon recommendation of its designee or project end |
27 | user, select a proposal and award a contract to a responsible |
28 | proposer under an alternative contracting procedure. |
29 | (3) Any contract awarded under this subsection shall be |
30 | exempt from the act of May 1, 1913 (P.L.155, No.104), referred |
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1 | to as the Separations Act, or from any subsequent enactment or |
2 | reenactment of substantially similar separate bid specification |
3 | requirements. |
4 | (4) As used in this subsection, the following words and |
5 | phrases shall have the meanings given to them in this |
6 | subsection: |
7 | "Alternative contracting procedure" means a procedure under |
8 | which a proposer would be responsible for all aspects or phases |
9 | necessary to achieve the development or a parcel of property. |
10 | The aspects or phases of development may include, but are not |
11 | necessarily limited to, the planning, design, finance, |
12 | construction and management of property. |
13 | "Design/build contract" means a construction contract in |
14 | which the contractor is responsible for both the design and |
15 | construction of any public structure, building or other public |
16 | improvement of any kind to any public real property. |
17 | "Proposer" means a firm, organization or company, or a |
18 | combination of firms, organizations or companies acting as a |
19 | partnership, joint venture, consortium or similar joint |
20 | relationship, with sufficient knowledge, expertise and |
21 | experience in design/build contracts. |
22 | "Project" means the demolition, modification and construction |
23 | of a building or group of buildings with related facilities |
24 | formerly owned by a school district and previously used as a |
25 | jail or office facility. |
26 | "Project end user" means the governmental body or entity that |
27 | will use the selected public or facility under a contract or |
28 | lease with the school district. |
29 | Section 2. This act shall take effect in 60 days. |
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