AN ACT

 

1Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
2act relating to the public school system, including certain
3provisions applicable as well to private and parochial
4schools; amending, revising, consolidating and changing the
5laws relating thereto," in grounds and buildings, further
6providing for work to be done under contract let on bids and 
7exception.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1. Section 751 of the act of March 10, 1949 (P.L.30,
11No.14), known as the Public School Code of 1949, is amended by 
12adding a subsection to read:

13Section 751. Work to be Done Under Contract Let on Bids;
14Exception.--

15* * *

16(a.4) Notwithstanding the separate specification provisions
17of subsection (a.2), a school district may elect to enter into a
18design/build contract for all construction, reconstruction,
19repairs, maintenance or work of any nature as follows:

20(1) If a school district elects to use a design/build

1contract, the board of school directors shall adopt a resolution
2that the use of the contract is the most efficient, economical
3and timely method to proceed with a project.

4(2) Upon adoption of a resolution under paragraph (1), the
5school district shall request written proposals from
6design/build entities. In its request for proposals, the school
7district shall include such terms, conditions and requirements
8as it deems necessary to protect the school district and the
9interests of the public.

10(3) In reviewing and evaluating the proposals for a
11design/build project, the school district shall, in addition to
12confirming the design/build entities' compliance with the terms,
13conditions and requirements of the request for proposals,
14consider the following criteria:

15(i) the cost of the project;

16(ii) the experience of the design/build entity; and

17(iii) adherence to the act of March 3, 1978 (P.L.6, No.3),
18known as the "Steel Products Procurement Act."

19(4) After due consideration of proposals under the criteria
20described in this subsection, the school district may, in its
21discretion, select a proposal and award a contract to a
22responsible design/build entity.

23(5) Any contract awarded under this subsection shall be
24exempt from the act of May 1, 1913 (P.L.155, No.104), referred
25to as the Separations Act, or from any subsequent enactment or
26reenactment of substantially similar separate bid specification
27requirements.

28(6) As used in this subsection, the following words and
29phrases shall have the meanings given to them in this
30subsection:

1"Design/build" shall mean a project delivery method whereby a
2design/build entity signs a single contract to provide a
3combination of architectural and construction services to a
4school district.

5"Design/build entity" shall mean a firm, organization or
6company, or a combination of firms, organizations or companies
7acting as a partnership, joint venture, consortium or similar
8joint relationship, with sufficient knowledge, expertise and
9experience in providing by single contract to a school district
10a combination of architectural and construction services.

11* * *

12Section 2. This act shall take effect in 60 days.