Bill Text: PA SB1188 | 2011-2012 | Regular Session | Introduced

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Bill Title: In grounds and buildings, further providing for work to be done under contract let on bids and exception.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2011-06-30 - Referred to EDUCATION [SB1188 Detail]

Download: Pennsylvania-2011-SB1188-Introduced.html

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PRINTER'S NO. 1471
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1188 Session of2011
INTRODUCED BY ALLOWAY, SCHWANK, WAUGH AND PICCOLA, JUNE 30, 2011
REFERRED TO EDUCATION, JUNE 30, 2011
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in grounds and buildings, further
providing for work to be done under contract let on bids and
exception.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 751 of the act of March 10, 1949 (P.L.30,
No.14), known as the Public School Code of 1949, is amended by
adding a subsection to read:
Section 751. Work to be Done Under Contract Let on Bids;
Exception.--* * *
(a.2) Notwithstanding the separate specification provisions
of subsection (a), a school district may elect to use an
alternative contracting procedure as follows:
(1) The school district may elect to use an alternative
contracting procedure for projects involving selected public
facilities. If the school district elects to use an alternative
contracting procedure, the board of school directors 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.
(2) Upon adoption of a resolution under clause (1), the
school district shall request written proposals from proposers
for a project involving selected public facilities under an
alternative contracting procedure. In its request for proposals,
the school district shall include such terms, conditions and
requirements which it deems necessary to protect the school
district and the interests of the public.
(2) In reviewing and evaluating the proposals for a project
involving selected public facilities, the school district shall,
in addition to confirming the proposer's 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) the 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; and
(v) commitment to enter into voluntary contracts with
disadvantaged business enterprises.
After due consideration of proposals under the criteria
described in this clause, the school district 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.
(3) Any contract awarded under this subsection shall be
exempt from the act of May 1, 1913 (P.L.155, No.104), referred
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to as the Separations Act, or from any subsequent enactment or
reenactment of substantially similar separate bid specification
requirements.
(4) As used in this subsection, the following words and
phrases shall have the meanings given to them in this
subsection:
"Alternative contracting procedure" means a procedure under
which a proposer would be responsible for all aspects or phases
necessary to achieve the development or a parcel of property.
The aspects or phases of development may include, but are not
necessarily limited to, the planning, design, finance,
construction and management of property.
"Design/build contract" means 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.
"Proposer" means 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.
"Project" means the demolition, modification and construction
of a building or group of buildings with related facilities
formerly owned by a school district and previously used as a
jail or office facility.
"Project end user" means the governmental body or entity that
will use the selected public or facility under a contract or
lease with the school district.
Section 2. This act shall take effect in 60 days.
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