PRINTER'S NO. 590
No. 536 Session of 1975
INTRODUCED BY WILSON AND GLEASON, FEBRUARY 19, 1975
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 19, 1975
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," creating the Department of
21 Building Construction and defining its functions, powers and
22 duties; and transferring certain functions, personnel and
23 appropriations from the Department of Property and Supplies
24 and other State agencies to such department.
25 The General Assembly of the Commonwealth of Pennsylvania
26 hereby enacts as follows:
27 Section 1. Section 201, act of April 9, 1929 (P.L.177,
28 No.175), known as "The Administrative Code of 1929," amended
29 December 3, 1970 (P.L.834, No.275), is amended to read:
1 Section 201. Executive Officers, Administrative Departments
2 and Independent Administrative Boards and Commissions.--The
3 executive and administrative work of this Commonwealth shall be
4 performed by the Executive Department, consisting of the
5 Governor, Lieutenant Governor, Secretary of the Commonwealth,
6 Attorney General, Auditor General, State Treasurer, and
7 Superintendent of Public Instruction; by the Executive Board,
8 and the Pennsylvania State Police; by the following
9 administrative departments: Department of State, Department of
10 Justice, Department of the Auditor General, Treasury Department,
11 Department of Public Instruction, Department of Military
12 Affairs, Insurance Department, Department of Banking, Department
13 of Agriculture, Department of Transportation, Department of
14 Health, Department of Labor and Industry, Department of Public
15 Welfare, Department of Property and Supplies, Department of
16 Revenue, Department of Commerce, Department of Community Affairs
17 [and], Department of Environmental Resources and Department of
18 Building Construction; and by the following independent
19 administrative boards and commissions: Pennsylvania Game
20 Commission, Pennsylvania Fish Commission, State Civil Service
21 Commission, Pennsylvania Public Utility Commission, and the
22 Pennsylvania Historical and Museum Commission.
23 All of the provisions of this act, which apply generally to
24 administrative departments, or generally except to the
25 Department of the Auditor General and the Treasury Department,
26 shall apply to the Executive Board and to the Pennsylvania State
27 Police.
28 Section 2. As much as relates to the Department of Property
29 and Supplies in section 202 of the act, amended May 25, 1945
30 (P.L.1015, No.389) and June 6, 1945 (P.L.1398, No.446), is
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1 amended, and said section is also amended by adding immediately
2 before the last paragraph, a clause to read:
3 Section 202. Departmental Administrative Boards,
4 Commissions, and Offices.--The following boards, commissions,
5 and offices are hereby placed and made departmental
6 administrative boards, commissions, or offices, as the case may
7 be, in the respective administrative departments mentioned in
8 the preceding section, as follows:
9 * * *
10 In the Department of Property and
11 Supplies,
12 Board of Commissioners of Public Grounds and
13 Buildings,
14 [State Art Commission;]
15 * * *
16 In the Department of Building Construction,
17 State Art Commission
18 State Building Construction Commission,
19 All of the foregoing departmental administrative boards and
20 commissions shall be organized or reorganized as provided in
21 this act.
22 Section 3. Section 206 of the act, amended December 3, 1970
23 (P.L.834, No.275), is amended to read:
24 Section 206. Department Heads.--Each administrative
25 department shall have as its head an officer who shall, either
26 personally, by deputy, or by the duly authorized agent or
27 employe of the department, and subject at all times to the
28 provisions of this act, exercise the powers and perform the
29 duties by law vested in and imposed upon the department.
30 The following officers shall be the heads of the
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1 administrative departments following their respective titles:
2 Secretary of the Commonwealth, of the
3 Department of State;
4 Attorney General, of the Department of
5 Justice;
6 Auditor General, of the Department of
7 the Auditor General;
8 State Treasurer, of the Treasury
9 Department;
10 Superintendent of Public Instruction, of the
11 Department of Public Instruction;
12 Adjutant General, of the Department of
13 Military Affairs;
14 Insurance Commissioner, of the
15 Insurance Department;
16 Secretary of Banking, of the
17 Department of Banking;
18 Secretary of Agriculture, of the
19 Department of Agriculture;
20 Secretary of Transportation, of the
21 Department of Transportation;
22 Secretary of Health, of the Department
23 of Health;
24 Secretary of Labor and Industry, of the
25 Department of Labor and Industry;
26 Secretary of Public Welfare, of the
27 Department of Public Welfare;
28 Secretary of Property and Supplies, of
29 the Department of Property and Supplies;
30 Secretary of Revenue, of the
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1 Department of Revenue;
2 Secretary of Commerce, of the
3 Department of Commerce;
4 Secretary of Community Affairs, of the
5 Department of Community Affairs;
6 Secretary of Environmental Resources,
7 of the Department of Environmental Resources;
8 Secretary of Building Construction, of the
9 Department of Building Construction.
10 Section 4. Section 207 of the act, amended February 18, 1949
11 (P.L.16, No.5), August 24, 1951 (P.L.1340, No.322) and December
12 3, 1970 (P.L.834, No.275), is amended to read:
13 Section 207. Appointment.--The Governor shall nominate and,
14 by and with the advice and consent of two-thirds of all the
15 members of the Senate, appoint:
16 (a) The Secretary of the Commonwealth, the Attorney General,
17 the Superintendent of Public Instruction, the Adjutant General,
18 the Insurance Commissioner, the Secretary of Banking, the
19 Secretary of Agriculture, the Secretary of Transportation, the
20 Secretary of Health, the Commissioner of the Pennsylvania State
21 Police, the Secretary of Labor and Industry, the Secretary of
22 Public Welfare, the Secretary of Property and Supplies, the
23 Secretary of Revenue, the Secretary of Commerce, the Secretary
24 of Community Affairs, the Secretary of Environmental Resources,
25 the Secretary of Building Construction and the members of all
26 independent administrative boards and commissions.
27 The Adjutant General may have the rank of Major General of
28 the Adjutant General's Department in the Pennsylvania National
29 Guard, or Pennsylvania Guard, or the Governor may designate the
30 ranking line officer of the Pennsylvania National Guard, or
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1 Pennsylvania Guard, or an officer of the Regular Army, United
2 States Navy, United States Coast Guard, or United States Marine
3 Corps, as Adjutant General: Provided, That should the ranking
4 line officer be also appointed Adjutant General, he shall
5 receive only the salary provided by law for the Adjutant
6 General: And provided further, That should the ranking line
7 officer be called into the service of the United States, a
8 Deputy Adjutant General, to be designated by the Governor, shall
9 act as Adjutant General during his absence. No Adjutant General
10 shall be appointed who shall not have served at least ten years
11 as a commissioned officer in the Pennsylvania National Guard,
12 Pennsylvania Guard, or equivalent length of service in the
13 Regular Army of the United States, United States Navy, United
14 States Coast Guard, or United States Marine Corps, or Officers
15 Reserve Corps of the United States Army, United States Naval
16 Reserve, United States Coast Guard Reserve, or United States
17 Marine Corps Reserve, which service may be cumulative, that is,
18 service in any one or more of the foregoing services may be
19 added together.
20 The Secretary of Health shall be a doctor of medicine
21 licensed to practice medicine in Pennsylvania or eligible to be
22 so licensed.
23 The Secretary of Building Construction, or the Deputy
24 Secretary, shall be an architect or a professional engineer,
25 licensed or registered by the Commonwealth, or eligible to be so
26 licensed or registered.
27 (b) Except as in this act otherwise provided, the members of
28 all departmental administrative bodies, boards, and commissions,
29 and the officers who shall fill the departmental administrative
30 offices mentioned in this article.
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1 (c) Except as in this act otherwise provided, the members of
2 all advisory boards and commissions.
3 Section 5. The act is amended by adding a section to read:
4 Section 447.1. State Building Construction Commission.--The
5 State Building Construction Commission shall be a departmental
6 administrative commission in the Department of Building
7 Construction and shall consist of seven persons. Three members
8 shall be, the Governor, the Secretary of Building Construction
9 and the Secretary of Property and Supplies or their designees.
10 The other four persons shall be appointed by the Governor, with
11 the advice and consent of two-thirds (2/3) of all the members of
12 the Senate to serve concurrent with his term.
13 The members shall elect one of their number chairman. Four
14 members shall constitute a quorum for the conduct of business.
15 The commission shall meet at least quarterly each year and at
16 such other times as the chairman shall determine.
17 Section 6. Section 508 of the act, amended, added or
18 repealed in part, June 21, 1937 (P.L.1865, No.373), May 18, 1949
19 (P.L.1450, No.427), August 14, 1963 (P.L.982, No.449), and
20 September 28, 1965 (P.L.553, No.287), is amended to read:
21 Section 508. Erection, Repairs, or Alterations of and
22 Additions to Buildings.--(a) No administrative department,
23 except the Department of [Property and Supplies] Building
24 Construction, and no administrative board or commission, shall
25 [, except as in this act otherwise specifically provided,] erect
26 or construct, or contract for the erection or construction of,
27 any new building, or make, or contract for making, any
28 alterations or additions to an existing building, involving an
29 expenditure of more than twelve thousand dollars ($12,000). [;
30 and, in] In any case in which any other department or any board
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1 or commission is by this act authorized to erect or construct
2 buildings, or make alterations or additions involving an
3 expenditure of less than twelve thousand dollars ($12,000), such
4 erection or construction may be generally supervised by the
5 Department of Property and Supplies.
6 (b) The Department of Property and Supplies and the
7 Department of Building Construction shall receive at least once
8 every two fiscal years, a survey of all buildings, equipment,
9 land, improvements connected with and comprising each State
10 institution. This survey shall be conducted by the various
11 administrative departments, independent administrative boards
12 and commissions and other State agencies under the Governor's
13 jurisdiction. After making any survey, the administrative
14 departments, independent administrative boards and commissions
15 and other State agencies under the Governor's jurisdiction shall
16 prepare a report, setting forth in detail the results of the
17 survey, including the needs of such institution, with respect to
18 the maintenance of, and repairs, improvements, alterations and
19 additions to, its buildings, land and equipment. The
20 administrative departments, independent administrative boards
21 and commissions and other State agencies under the Governor's
22 jurisdiction shall file a copy of such report with the
23 Department of Property and Supplies and the Department of
24 Building Construction who shall compile all the reports and
25 submit the compilation to the Governor. Such reports shall be
26 used, so far as practical, as a guide in formulating the
27 biennial budgetary requests for appropriations for the
28 maintenance of, and repairs, improvements, alterations and
29 additions to, the buildings, lands and equipment of State
30 institutions.
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1 (c) All plans and specifications for new buildings, and for
2 alterations or additions to existing buildings, involving an
3 expenditure of more than twelve thousand dollars ($12,000),
4 shall be subject to the approval of the Department of [Property
5 and Supplies,] Building Construction, and, in addition thereto,
6 shall also be subject to the approval of the department, board,
7 or commission using or intending to use the building being
8 erected or constructed, or to which an alteration or addition is
9 being made, with respect to the type and general character of
10 the proposed building, the floor lay-outs, radiation, natural
11 light, artificial illumination, ventilation, medical equipment,
12 or other equipment of a nature peculiar to the building, for
13 which the plans and specifications are being prepared. In the
14 case of buildings used by or for the use of departmental
15 administrative boards or commissions, the plans and
16 specifications shall also be approved, with respect to the above
17 mentioned matters, by the department with which the board or
18 commission is connected.
19 (d) Buildings may be erected or constructed, or alterations
20 or additions made, wholly or partially by the labor of employes
21 or inmates or patients of State institutions, if, in the
22 judgment of the agency responsible for the management of such
23 institutions, the work can be properly and safely done by such
24 employes, inmates, or patients. In cases involving an
25 expenditure of more than twelve thousand dollars ($12,000), the
26 Department of [Property and Supplies] Building Construction, or
27 such outside supervising engineer or engineering concern as it
28 may approve, shall have full and direct responsibility for the
29 management of the work, and the department, board or commission
30 using or intending to use the building shall have complete
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1 charge of such employes, inmates, or patients.
2 [(g)] (e) Whenever any building or structure on any land
3 owned by the Commonwealth shall become so obsolete and
4 dilapidated as to make it impractical to repair the same, and
5 shall be no longer of use to the Commonwealth, the Department of
6 [Property and Supplies] Building Construction, with the approval
7 of the Governor, shall have power to demolish or authorize the
8 demolition of such building or structure whenever requested to
9 do so by the department, board, commission or agency having
10 control or possession of such building or structure.
11 Section 7. Clause (a) of section 2402 of the act, amended
12 June 17, 1971 (P.L.163, No.11), is amended to read:
13 Section 2402. Grounds, Buildings and Monuments in General.--
14 The Department of Property and Supplies shall have the power,
15 and its duty shall be:
16 (a) Subject to the powers by this act vested in the Board of
17 Commissioners of Public Grounds and Buildings, to control and
18 supervise the State Capitol Building, and the public grounds and
19 buildings connected with the State Capitol, including the State
20 Arsenal, any building or buildings that may have been devised or
21 may hereafter be devised to the Commonwealth within the City of
22 Harrisburg, the Northwest Office Building now occupied by the
23 Pennsylvania Liquor Control Board, the Pittsburgh State Office
24 Building, the Philadelphia State Office Building, the Executive
25 Mansion and the Mansion of the Lieutenant Governor, to maintain
26 and care for all State monuments, and to make, or supervise the
27 making of all repairs, alterations, and improvements, in and
28 about such grounds and buildings in amounts not exceeding twelve
29 thousand dollars ($12,000), including the furnishing and
30 refurnishing of the same, and also to have general supervision
19750H0536B0590 - 10 -
1 over repairs, alterations, and improvements to all other
2 buildings, lands, and property of the State in amounts not
3 exceeding twelve thousand dollars ($12,000), except as in this
4 act otherwise provided:
5 * * *
6 Section 8. Clauses (e), (f), (g) and (h) of section 2402 of
7 the act are repealed.
8 Section 9. Section 2403.1 of the act, added June 1, 1956
9 (P.L.2042, No.678), is amended to read:
10 Section 2403.1. Specifications for [Buildings,] Furnishings
11 and Equipment [and Materials].--The Department of Property and
12 Supplies shall--
13 (a) In consultation with the Joint State Government
14 Commission, formulate and establish standards for [construction,
15 details, typical room design, materials, utilities,] furnishings
16 and equipment for all buildings, owned or to be constructed or
17 subsidized by or for the Commonwealth, and used by any
18 administrative department, independent administrative board or
19 commission, or departmental administrative board or commission
20 or institution, agency or project, subsidized by the
21 Commonwealth and establish minimum specifications and standards
22 for all materials used in [the construction of any new buildings
23 or in] the alteration, repair or reconstruction of any existing
24 building in amounts not exceeding twelve thousand dollars
25 ($12,000). All standards shall be prepared as to achieve, as
26 nearly as possible, uniformity of construction, details, typical
27 room design and materials, among all buildings and shall be
28 subject to review by the Joint State Government Commission.
29 (b) Consult with and ascertain the needs and requirements of
30 other departments, boards or commissions, in the formulation and
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1 establishment of such standards, and report such needs and
2 requirements to the Joint State Government Commission.
3 (c) Employ capable registered architects and engineers,
4 technical specialists and clerical personnel as may be necessary
5 to comply with the provisions of this section.
6 Section 10. Sections 2408, 2411 and 2414 of the act are
7 repealed.
8 Section 11. The act is amended by adding an article to read:
9 ARTICLE XXIV-A
10 POWERS AND DUTIES OF THE DEPARTMENT OF BUILDING CONSTRUCTION
11 Section 2401-A. Powers and Duties in General.--(a) It shall
12 be the principal function and responsibility of the Department
13 of Building Construction to provide for all construction in an
14 amount in excess of twelve thousand dollars ($12,000), including
15 repair, alteration or addition to existing facilities, hereafter
16 undertaken for the Commonwealth except (1) highway and
17 transportation construction and facilities and (2) those
18 activities otherwise assigned by this act to the Department of
19 Environmental Resources with respect to public lands and parks.
20 (b) Construction activities of the Department of Building
21 Construction shall include all phases of construction from the
22 formulation of overall Commonwealth building programs through
23 services such as financing, legal and administrative services,
24 planning and estimating, to actual construction, repair,
25 alteration or addition to existing facilities involving project
26 management functions such as engineering and architecture and
27 procurement.
28 (c) The Department of Building Construction shall exercise
29 all the powers and duties as to new construction for the
30 Commonwealth heretofore exercised by the Department of Property
19750H0536B0590 - 12 -
1 and Supplies, the Department of Education, The General State
2 Authority, the State Public School Building Authority and the
3 Pennsylvania Higher Education Facilities Authority.
4 Section 2402-A. State Building Construction Commission.--The
5 State Building Construction Commission shall formulate overall
6 Commonwealth building programs and determine the policies for
7 any such programs initiated.
8 Section 2403-A. Specific Powers of the Department of
9 Building Construction.--The Department of Building Construction
10 shall have the power and its duty shall be:
11 (a) To erect or supervise the erection of all monuments
12 which may now or hereafter be authorized by law: Provided, That
13 with regard to any monument which comes within the jurisdiction
14 of an advisory board in the Department of Property and Supplies,
15 the exercise of the powers hereby vested in the Department of
16 Building Construction shall be subject to approval or
17 disapproval by such advisory board.
18 (b) To formulate and establish minimum specifications and
19 standards for construction, room design, materials and utilities
20 for all buildings to be constructed or subsidized by or for the
21 Commonwealth and to be used by any administrative department,
22 independent administrative board or commission or institution,
23 agency or project, subsidized by the Commonwealth; for this
24 purpose, the Department of Building Construction may establish a
25 laboratory for testing new construction procedures and systems
26 and shall issue reports on the results of any such laboratory
27 tests.
28 (c) To assume specific responsibility for controlling the
29 quality of materials and workmanship, giving due consideration
30 to the feasibility of maintaining public buildings once they
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1 have been built.
2 (d) To provide architectural and engineering services,
3 including planning, estimating and project management, for all
4 new State construction, except as otherwise expressly provided
5 in this act, and to provide these same services to any school
6 district or municipality which may request them.
7 (e) To provide a centralized purchasing service for
8 construction systems which are intended for use in any public
9 building; all purchases of such construction systems to be used
10 in any public building within the Commonwealth shall be made
11 through this service of the Department of Building Construction
12 unless a municipality or school district shall by competitive
13 bidding obtain the same or a lower price for an equivalent
14 system meeting the established minimum standards.
15 (f) To employ capable registered architects and engineers,
16 technical specialists and clerical personnel as may be necessary
17 to comply with the provisions of this article. No employe may,
18 on leaving the employ of the department, negotiate or
19 participate any contract for the providing of goods or services
20 to the department before the expiration of one year from the
21 date of termination of his employment.
22 Section 2404-A. Eminent Domain.--The Department of Building
23 Construction shall have the power and its duty shall be to
24 purchase or condemn land as funds are appropriated to the
25 department therefor. Such land may be purchased, with or without
26 buildings thereon, for use as sites for, or in connection with
27 arsenals, armories, military reservations, hospitals, schools,
28 State colleges and universities, penal or correctional
29 institutions or other institutions of the Commonwealth, or
30 public buildings for the use of the Commonwealth, or monuments,
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1 whenever in the judgment of the Governor, the purchase or
2 condemnation of such land is necessary or whenever such purchase
3 shall have been authorized by law and an appropriation made
4 therefor. The condemnation of land hereunder shall be in the
5 manner provided by the act of June 22, 1964 (P.L.84), known as
6 the "Eminent Domain Code."
7 Section 2405-A. Procedure for Erection of Buildings and
8 Alterations or Additions to Existing Buildings.--Whenever the
9 General Assembly shall have appropriated money to the Department
10 of Building Construction or to any other department, or to any
11 administrative board or commission, for the erection of new
12 buildings, or sewage or filtration plants, other service
13 systems, or athletic fields, or other structures, or for
14 alterations or additions or repairs to existing buildings, or to
15 such plants, systems, fields, or structures, to cost more than
16 twelve thousand dollars ($12,000), the following procedure shall
17 apply, unless the work is to be done by State employes, or by
18 inmates or patients of a State institution or State
19 institutions, or unless the department, board, or commission to
20 which the General Assembly has appropriated money for the
21 foregoing purposes is, by this act or by the act making the
22 appropriation, authorized to erect, alter, or enlarge buildings
23 independently of the Department of Building Construction, or
24 under a different procedure:
25 (a) If the appropriation is to a department other than the
26 Department of Building Construction, or to a board or
27 commission, such department, board, or commission shall notify
28 the Department of Building Construction, as soon as it is ready,
29 to have plans and specifications for the work prepared.
30 (b) Upon receipt of notice in the cases set forth in clause
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1 (a), or promptly after any appropriation made to it becomes
2 available, the Department of Building Construction shall select
3 an architect and, if necessary an engineer, or both, to design
4 the work, and prepare the specifications therefor, but, in the
5 case of a building to be done for the use of any other
6 department, or any board or commission (unless the building is
7 on the Capitol grounds), the selection of the architect and
8 engineer, if any, shall be subject to approval by such
9 department, board, or commission, and, in case of departmental
10 administrative boards or commissions, by the departments with
11 which such boards or commissions are respectively connected. No
12 private architect, engineer or associate shall be eligible for
13 selection if he has during the twelve months preceding served as
14 an employe of the Department of Building Construction. Any
15 architect or engineer so selected and approved shall submit
16 promptly the name or names of his associate architect or
17 engineers to the Department of Building Construction for its
18 approval.
19 (c) The Department of Building Construction shall enter into
20 a contract with the architect or engineer, which shall provide:
21 (1) a date for the completion of the plans and
22 specifications;
23 (2) that the plans and specifications must meet with the
24 approval of the department, board, or commission for which the
25 building is being erected, altered, or enlarged (unless the
26 building is on the Capitol grounds), and, in the case of
27 departmental administrative boards or commissions, of the
28 departments with which such boards or commissions are
29 respectively connected, to the extent of the type and general
30 character of the building, the floor layouts, radiation, natural
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1 light, artificial illumination, ventilation, medical equipment,
2 or other equipment of a nature peculiar to the building for
3 which the plans and specifications are being prepared;
4 (3) that the plans, drawings, and specifications must be
5 approved by the Department of Building Construction;
6 (4) that the exterior design of the building must be
7 approved by the State Art Commission; and
8 (5) that the plans and specifications must be approved by
9 the Department of Labor and Industry, and the Department of
10 Health, to the extent to which those departments, respectively,
11 have jurisdiction to require the submission to them for approval
12 of certain features of the building. Such architect or engineer
13 in preparing plans and specifications, shall consult with the
14 department, board, or commission for which the building is to be
15 erected, altered or enlarged, but the Department of Building
16 Construction shall insist upon the prompt completion of the
17 plans and specifications, within the time prescribed in the
18 architect's or engineer's contracts, unless it shall agree to an
19 extension thereof.
20 Every department, board, or commission, whose approval of
21 plans and specifications is required hereunder, shall, within
22 twenty days after submission thereof by the architect or
23 engineer, approve or disapprove all sketches, drawings,
24 specifications, and other documents, and shall inform the
25 architect or engineer of decisions in such reasonable time as
26 not to delay him in his work.
27 (d) Upon the completion of the plans and specifications, and
28 their approval by all necessary State agencies, the Department
29 of Building Construction shall invite proposals, by
30 advertisements inserted at least three times in not less than
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1 six nor more than twelve newspapers of large general circulation
2 in different parts of the Commonwealth. The first and last
3 publications of any such advertisement shall be at least ten
4 days apart, and the department shall not advertise hereunder in
5 more than three newspapers in the same county.
6 (e) The department may invite proposals, either for
7 completely erecting, altering, or adding to any building, or
8 separately for parts of the work, or both. Whether it shall
9 invite proposals for part of the work, and, if so, for what
10 parts, shall rest within the sole discretion of the department.
11 (f) All proposals shall be accompanied by certified or bank
12 checks or surety bid bonds in such amounts or percentages of the
13 amounts of the proposals as shall be specified in the
14 advertisement, and shall be publicly opened and tabulated at the
15 time and place specified in the advertisement.
16 (g) The department shall, as soon as practicable, award the
17 contracts to the lowest responsible qualified bidder, but it
18 shall have the right to reject any or all bids, to waive
19 technical defects and to accept or reject any part of any bid,
20 if in the judgment of the department, the best interests of the
21 Commonwealth shall require it. The successful bidder shall also
22 deliver to the Commonwealth, at the time of execution of the
23 contract, a surety bond having as surety a surety company
24 authorized to transact business in this Commonwealth, or two
25 individual sureties approved by the Department of Justice, in
26 the amount of ten per centum (10%) of the contract price, as
27 surety against defective or inferior materials or workmanship
28 which may develop during the period of one (1) year from the
29 date of completion and acceptance of the work performed under
30 the contract.
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1 (h) No proposal for any contract shall be considered unless
2 accompanied by a certified or bank check as prescribed by the
3 department at the time of advertising. A bidder who shall have
4 accompanied his proposal with a certified or bank check, as
5 aforesaid, and to whom a contract shall have been awarded, must,
6 within ten days after such award, substitute for said check
7 surety, performance and payment bonds in conformity with the
8 requirements of the act of December 20, 1967 (P.L.869), known as
9 the "Public Works Contractors' Bond Law of 1967."
10 (i) No contract shall be valid or effective unless a
11 certified copy thereof, detail break-down sheet of the work, and
12 contract price of the work involved, shall have been filed in
13 the offices of the Auditor General, the State Treasurer, and the
14 department, board, or commission for which the work is to be
15 done, promptly after the execution of the contract.
16 (j) The enforcement of all contracts provided for by this
17 section shall be under the control and supervision of the
18 Department of Building Construction. In the event that the
19 Department of Building Construction and the contractor cannot
20 agree on any of the general conditions of the contract, and on
21 the specifications, such disagreement shall be subject to
22 decision by the Department of Justice, and its decision shall be
23 final.
24 (k) The Department of Building Construction shall examine
25 all bills on account of the contracts entered into under the
26 provisions of this section, and, if they are correct, the
27 department shall certify that the materials have been furnished,
28 or that the work or labor has been performed in a workmanlike
29 manner and in accordance with the contract, approve the bills,
30 and issue its requisition therefor, or forward its certificate
19750H0536B0590 - 19 -
1 to the proper department, board, or commission, as the case may
2 be.
3 (l) The Department of Building Construction shall subject to
4 the limitations of this section and section 2403-A have the
5 right to engage the services of any consulting or supervising
6 engineer or engineers, whom it may deem necessary for the proper
7 designing of or inspection or supervision of buildings erected,
8 altered, or enlarged by the department hereunder.
9 (m) Changes in the plans or specifications, or both, may be
10 made after their approval, only with the consent of all of the
11 departments, boards and commissions whose approval of the
12 original plans or specifications, or both, was necessary
13 hereunder.
14 (n) If the appropriation is to a department other than the
15 Department of Building Construction, or to a board or
16 commission, the Department of Building Construction shall award
17 and enter into the contract as agent for the department, board,
18 or commission to which the appropriation was made.
19 Section 2406-A. Preparation of Plans and Specifications and
20 in Anticipation of Requests for Appropriations.--The Department
21 of Building Construction shall have the power, out of funds
22 appropriated to it for the purpose, to cause plans and
23 specifications for and estimates of the cost of State buildings
24 or alterations or additions to the same to be prepared prior to
25 the meeting of the General Assembly. The procedure shall be as
26 follows:
27 (a) Whenever any department, other than the Department of
28 Building Construction, or any independent administrative or
29 departmental administrative board or commission, shall propose
30 to request the General Assembly to make an appropriation in
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1 excess of twelve thousand dollars ($12,000) for the construction
2 or alteration of or an addition to a State building, it shall
3 notify the Department of Building Construction of such
4 intention.
5 (b) When the Department of Building Construction has
6 received such notice, or when it believes that any building
7 should be constructed, altered, or enlarged on the Capitol
8 grounds, or that a building for its own use or for the general
9 use of the State Government should be constructed elsewhere than
10 on the Capitol grounds, or that any such building, already
11 erected, should be altered or enlarged, the Department of
12 Building Construction, if it has funds available for the
13 preparation of plans and specifications, shall appoint an
14 architect to prepare such plans and specifications. Such
15 appointment shall be subject to the approval of the department,
16 board, or commission which proposes to make the request for
17 funds, and, in the case of a departmental administrative board
18 or commission, subject also to the approval of the department
19 with which such board or commission is connected.
20 (c) The Department of Building Construction shall enter into
21 a contract with the architect thus appointed and approved. Such
22 contract shall provide:
23 (1) a date within which the plans and specifications must be
24 completed;
25 (2) that the plans and specifications must be approved by
26 all agencies whose approval was necessary for the selection of
27 the architect;
28 (3) that the exterior design of the building must be
29 approved by the State Art Commission;
30 (4) that the specifications must be approved by the
19750H0536B0590 - 21 -
1 Department of Building Construction; and
2 (5) that the plans and specifications must be approved by
3 the Department of Labor and Industry and the Department of
4 Health, to the extent to which those departments respectively
5 have jurisdiction to require the submission to them for approval
6 of certain features of the building.
7 (d) The work of the architects in preparing plans and
8 specifications shall be under the direction of the department,
9 board, or commission which proposes to request the Legislature
10 to authorize the erection, alteration, or enlargement of the
11 building, but it shall be the duty of the Department of Building
12 Construction to insist that the plans and specifications be
13 completed within the time specified in the contract.
14 Every department, board, or commission, whose approval of
15 plans or specifications is required hereunder, shall give prompt
16 and thorough consideration to all sketches, drawings,
17 specifications, and other documents, presented by the architect,
18 and shall inform the architect of decisions in such reasonable
19 time as not to delay him in his work.
20 (e) Upon the completion and approval of the plans and
21 specifications, the Department of Building Construction shall
22 advertise for proposals, as in the case of the erection,
23 alteration, or enlargement of buildings for which the General
24 Assembly has appropriated money, but the advertisement and
25 invitation to bidders shall, in each case, specifically state
26 that the department may reject any and all bids, that a contract
27 will not be awarded prior to May thirty-first of the year in
28 which the General Assembly shall then be meeting or shall next
29 meet, and, if such date be more than sixty days later than the
30 date for opening proposals, that any bidders desiring to
19750H0536B0590 - 22 -
1 withdraw their proposals before such date will be permitted to
2 do so. It shall not be necessary for bidders to accompany their
3 bids with certified or bank checks, but, before any contract is
4 awarded upon any proposal submitted by any bidder hereunder, it
5 shall be necessary for such bidder to satisfy the Department of
6 Building Construction of his ability to furnish a bond for the
7 completion of the contract in such percentage of the amount of
8 the bid as shall have been specified in the invitation to
9 bidders.
10 (f) Bids submitted in any such case shall be publicly opened
11 and tabulated on the date specified in the advertisement, and
12 all plans, specifications, and proposals shall be available to
13 the General Assembly for consideration in connection with the
14 request for an appropriation for the erection, alteration, or
15 enlargement of the building.
16 Section 2407-A. Qualification of Bidders.--In every case in
17 which the Department of Building Construction is authorized by
18 this act to invite proposals, it may, in its discretion, furnish
19 to every prospective bidder a questionnaire calling upon the
20 bidder to furnish information relative to his financial status,
21 experience, equipment, and integrity, and require such
22 questionnaire, properly filled out and verified by oath or
23 affirmation, to be attached to the bidder's proposal.
24 Whenever a questionnaire is furnished and required hereunder
25 the department may consider the information therein contained in
26 determining which is the lowest responsible bidder.
27 Section 2408-A. State Art Commission.--(a) Subject to any
28 inconsistent provisions in this act contained, the State Art
29 Commission shall have the power, and its duty shall be, to
30 examine and approve or disapprove the design and proposed
19750H0536B0590 - 23 -
1 location of all public monuments, memorials, buildings, or other
2 structures, except in cities of the first or second class, in
3 accordance with the act approved the first day of May, one
4 thousand nine hundred and nineteen (Pamphlet Laws, one hundred
5 three), entitled "An act creating a State Art Commission in the
6 Board of Commissioners of Public Grounds and Buildings;
7 requiring the approval of the commission of the design and
8 location of all public monuments, memorials, buildings, or other
9 structures, and certain private structures proposed to be
10 erected anywhere in this Commonwealth, other than in cities of
11 the first and second classes," and any amendments thereto.
12 (b) The Department of Building Construction shall submit the
13 design and proposed location of all public monuments, memorial
14 buildings or other structures erected for the Commonwealth to
15 the State Art Commission for approval.
16 Section 12. The annual salary of the Secretary of Building
17 Construction, payable in equal semi-monthly installments shall
18 be twenty-five thousand dollars ($25,000).
19 Section 13. (a) The following acts or parts of acts are
20 repealed in so far as inconsistent with the provisions of this
21 act:
22 (1) The act of July 5, 1947 (P.L.1217, No.498), known as the
23 "State Public School Building Authority Act."
24 (2) Sections 731, 733, 734 and 735, act of March 10, 1949
25 (P.L.30, No.14), known as the "Public School Code of 1949."
26 (3) The act of March 31, 1949 (P.L.372, No.34), known as
27 "The General State Authority Act of one thousand nine hundred
28 forty-nine."
29 (4) The act of December 6, 1967 (P.L.678, No.318), known as
30 "The Pennsylvania Higher Educational Facilities Authority Act of
19750H0536B0590 - 24 -
1 1967."
2 (b) All other acts or parts of acts inconsistent with this
3 act are repealed to the extent of such inconsistency.
4 Section 14. (a) All personnel, allocations, appropriations,
5 agreements, equipment, files, records, classified data files,
6 maps, air photographs, and other material which are used,
7 employed or expended in connection with the duties, powers or
8 functions of the Department of Property and Supplies, the
9 Department of Education, The General State Authority, the State
10 Public School Building Authority and The Pennsylvania Higher
11 Education Facilities Authority transferred by this act to the
12 Department of Building Construction are hereby transferred to
13 the Department of Building Construction with the same force and
14 effect as if the appropriations had been made to and said items
15 had been the property of the Department of Building Construction
16 in the first instance and as if said contracts, agreements and
17 obligations had been incurred or entered into by the Department
18 of Building Construction.
19 (b) All personnel transferred to the Department of Building
20 Construction from other State departments and agencies pursuant
21 to this act shall retain any civil service employment status
22 assigned to said personnel in those departments or agencies.
23 Section 15. Nothing contained in this act shall be construed
24 to affect any project of The General State Authority upon which
25 any of the proceeds of its bonds have been or may be expended.
26 Section 16. This act shall take effect in six months.
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