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PENNSYLVANIA STATUTES
TITLE 16. COUNTIES
CHAPTER 1. THE COUNTY CODE
ARTICLE XXIII. GROUNDS AND BUILDINGS
(O) THIRD CLASS COUNTY CONVENTION CENTER AUTHORITIES (ALTERNATIVE PROVISION)
Date:
08/31/2009
Document:
§ 2399.65. Award of contracts
(a) All construction, reconstruction, repairs or work of any nature made by the authority where the entire cost, value or amount of the construction, reconstruction, repairs or work, including labor and materials, shall exceed ten thousand dollars ($ 10,000), except construction, reconstruction, repairs or work done by employes of the authority or by labor supplied under agreement with any Federal agency, State public body or political subdivision, with supplies and materials purchased as hereinafter provided, 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 hereinafter provided, 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 thereof 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 a 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 therein 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 a project or portion thereof or any addition, betterment or extension thereto directly by the officers and employes of the authority. The authority shall award the construction of a convention center according 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 be subject to 62 Pa.C.S. Pt. I (relating to Commonwealth procurement code). Nothing in this section or any other law of this Commonwealth shall require the authority to competitively bid architectural design, engineering or other professional services required by the authority.
(b) All supplies and materials costing ten thousand dollars ($ 10,000) or more to be acquired directly by the authority shall be purchased only after due advertisement as hereinafter provided. 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 a 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) Nothing in this section or in any other law of this Commonwealth shall preclude the board, with the approval of six members, from negotiating contracts for management, operation, concession services, licensing or leasing of convention center facilities, or any part thereof. The authority shall not award a contract to a manager, operator, concessionaire, licensee, lessee or lessor that exceeds three years in duration unless six members of the board approve the awarding of a contract for a greater period of time.
(d) The authority, its contractors, subcontractors, assignees, lessees, agents, vendors and suppliers shall not be subject to county or county seat laws, ordinances, rules or regulations relating to limits or preferences with regard to employment, contracting or procurement in the construction and operation of convention center facilities.
(e) The authority shall be subject to the act of August 15, 1961 (P.L. 987, No. 442), known as the "Pennsylvania Prevailing Wage Act," 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) As used in this section, the terms "advertisement" or "public notice" mean a notice published at least ten days before the award of a contract in a newspaper of general circulation published in the county, provided that the notice may be waived where the authority determines an emergency exists and supplies and materials must be immediately purchased by the authority.
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