Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 7-751 - Work to be Done Under Contract Let on Bids; Exception(a) [Deleted by 2012 Amendment](a.1) [Deleted by 2012 Amendment](a.2) All construction, reconstruction, repairs, maintenance or work of any nature, including the introduction of plumbing, heating and ventilating, or lighting systems, upon any school building or upon any school property, or upon any building or portion of a building leased under the provisions of section 703.1, made by any school district, where the entire cost, value, or amount of such construction, reconstruction, repairs, maintenance or work, including labor and material, shall exceed a base amount of eighteen thousand five hundred dollars ($18,500), subject to adjustment under section 120 , shall be done under separate contracts to be entered into by such school district with the lowest responsible bidder, upon proper terms, after due public notice has been given asking for competitive bids. Whenever a board of school directors shall approve the use of a prefabricated unit, complete in itself, for a school building or other proper structure to be erected upon school property, the board of school directors may have prepared appropriate specifications detailing the size and material desired in a particular prefabricated unit, including all utilities such as plumbing, heating and ventilating, and electrical work, and may advertise for a single bid on all the work and award the contract therefor to the lowest responsible bidder: Provided, That if due to an emergency a school plant or any part thereof becomes unusable competitive bids for repairs or replacement may be solicited from at least three responsible bidders, and upon the approval of any of these bids by the board of school directors, the school district may proceed at once to make the necessary repairs or replacements in accordance with the terms of said approved bid or bids; and Provided further, That the school district shall notify the Secretary of Education in a form and manner determined by the Secretary of Education that an emergency has occurred and a bid has been selected under the emergency process provided for in this section.(a.3) Written or telephonic price quotations from at least three qualified and responsible contractors shall be requested by the board of school directors for all contracts that exceed a base amount of ten thousand dollars ($10,000), subject to adjustment under section 120, but are less than the amount requiring advertisement and competitive bidding, or, in lieu of price quotations, a memorandum shall be kept on file showing that fewer than three qualified contractors exist in the market area within which it is practicable to obtain quotations. A written record of telephonic price quotations shall be made and shall contain at least the date of the quotation, the name of the contractor and the contractor's representative, the construction, reconstruction, repair, maintenance or work which was the subject of the quotation and the price. Written price quotations, written records of telephonic price quotations and memoranda shall be retained for a period of three years.(b) [Deleted by 2012 Amendment](b.1) The board of school directors in any school district may perform any construction, reconstruction, repairs, or work of any nature, where the entire cost or value, including labor and material, is less than a base amount of ten thousand dollars ($10,000), subject to adjustment under section 120 , by its own maintenance personnel. The board of school directors in any school district may authorize the secretary of the board or other executive to award contracts for construction, reconstruction, repairs, or work of any nature, where the entire cost or value, including labor and material, subject to adjustment under section 120, is a base amount of eighteen thousand five hundred dollars ($18,500) or less, without soliciting competitive bids, subject, however, to the provisions of subsection (a.3).(c) Every contract for the construction, reconstruction, alteration, repair, improvement or maintenance of public works shall comply with the provisions of the act of March 3, 1978 (P.L. 6, No. 3) , known as the "Steel Products Procurement Act." (d) The board of school directors of any school district may, in addition to the power granted in subsection (b), utilize also its own maintenance or other personnel to perform maintenance work irrespective of the entire cost or value of such work.(e) No person, consultant, firm or corporation contracting with a school district for purposes of rendering personal or professional services to the school district shall share with any school district officer or employe, and no school district officer or employe shall accept, any portion of the compensation or fees paid by the school district for the contracted services provided to the school district except under the following terms or conditions:(1) Full disclosure of all relevant information regarding the sharing of the compensation or fees shall be made to the board of school directors.(2) The board of school directors must approve the sharing of any fee or compensation for personal or professional services prior to the performance of said services.(3) No fee or compensation for personal or professional services may be shared except for work actually performed.(4) No shared fee or compensation for personal or professional services may be paid at a rate in excess of that commensurate for similar personal or professional services.(f) [Deleted by 2012 Amendment](g) No board of school directors shall evade the provisions of this section as to advertising for bids or purchasing materials or contracting for services piecemeal for the purpose of obtaining prices under a b ase amount of eighteen thousand five hundred dollars ($18,500), subject to adjustment under section 120, upon transactions which should, in the exercise of reasonable discretion and prudence, be conducted as one transaction amounting to more than a base amount of eighteen thousand five hundred dollars ($18,500), subject to adjustment under section 1 20 . This provision is intended to make unlawful the practice of evading advertising requirements by making a series of purchases or contracts each for less than the advertising requirement price, or by making several simultaneous purchases or contracts each below said price, when in either case the transaction involved should have been made as one transaction for one price.Amended by P.L. 684 2012 No. 82, § 8, eff. 7/1/2012.1949, March 10, P.L. 30, art. VII, § 751. Amended 1949, April 14, P.L. 459, § 1; 1951, May 24, P.L. 397, § 1; 1955, Sept. 27, P.L. 651, § 2; 1957, July 11, P.L. 775, § 2; 1959, Dec. 30, P.L. 2061, § 1; 1970, July 22, P.L. 541, No. 184, § 1; 1978, Oct. 4, P.L. 1040, No. 236, § 1, effective in 60 days; 1979 July 13, P.L. 94, No. 41, § 1, effective July 1, 1979; 1980, Oct. 10, P.L. 924, No. 159, § 1, effective in 60 days; 1982, Feb. 4, P.L. 1, No. 1, § 3, imd. effective; 1984, June 29, P.L. 438, No. 93, § 2, imd. effective; 1990, May 4, P.L. 164, No. 38, § 1, effective in 60 days; 2011, Nov. 3, P.L. 400, No. 97, § 2, effective in 60 days [Jan. 3, 2012].