6016 - Award of contracts.

     § 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.