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
7exceptions; in charter schools, further providing for charter
8school requirements; in Thaddeus Stevens College of
9Technology, further providing for contracts for construction,
10repair, renovation or maintenance; in State System of Higher
11Education, further providing for project contracts; and
12making a related repeal.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

15Section 1.  Section 751(a.2) of the act of March 10, 1949
16(P.L.30, No.14), known as the Public School Code of 1949, added
17June 30, 2012 (P.L.684, No.82), is amended and the section is
18amended by adding a subsection to read:

19Section 751.  Work to be Done Under Contract Let on Bids;
20Exception.--* * *

21(a.2)  All construction, reconstruction, repairs, maintenance 

1or work of any nature, including the introduction of plumbing, 
2heating and ventilating, or lighting systems, upon any school 
3building or upon any school property, or upon any building or 
4portion of a building leased under the provisions of section 
5703.1, made by any school district where the entire cost, value 
6or amount of such construction, reconstruction, repairs, 
7maintenance or work, including labor and material, shall exceed 
8a base amount of eighteen thousand five hundred dollars 
9($18,500), subject to adjustment under section 120, shall be 
10done under a contract, which may be a single contract or 
11separate contracts, to be entered into by such school district 
12with the lowest responsible bidder, upon proper terms, after due 
13public notice has been given asking for competitive bids. 
14Whenever a board of school directors shall approve the use of a 
15prefabricated unit, complete in itself, for a school building or 
16other proper structure to be erected upon school property, the 
17board of school directors may have prepared appropriate 
18specifications detailing the size and material desired in a 
19particular prefabricated unit, including all utilities such as 
20plumbing, heating and ventilating, and electrical work, and may 
21advertise for a single bid on all the work and award the 
22contract therefor to the lowest responsible bidder: Provided, 
23That, if due to an emergency a school plant or any part thereof 
24becomes unusable, competitive bids for repairs or replacement 
25may be solicited from at least three responsible bidders, and, 
26upon the approval of any of these bids by the board of school 
27directors, the school district may proceed at once to make the 
28necessary repairs or replacements in accordance with the terms 
29of said approved bid or bids; and Provided further, That the 
30school district shall notify the Secretary of Education in a 

1form and manner determined by the Secretary of Education that an 
2emergency has occurred and a bid has been selected under the 
3emergency process provided for in this section.

4* * *

5(c.1)  The act of May 1, 1913 (P.L.155, No.104), referred to
6as the Separations Act, shall not apply to any person, entity,
7contract or activity provided for by this section.

8* * *

9Section 2.  Section 1715-A(10) of the act, added June 19,
101997 (P.L.225, No.22), is amended to read:

11Section 1715-A.  Charter School Requirements.--Charter
12schools shall be required to comply with the following
13provisions:

14* * *

15(10)  Boards of trustees and contractors of charter schools
16shall be subject to the following statutory requirements
17governing construction projects and construction-related work:

18(i)  The following provisions of this act:

19(A)  Sections 751 and 751.1.

20(B)  Sections 756 and 757 insofar as they are consistent with
21the act of December 20, 1967 (P.L.869, No.385), known as the
22"Public Works Contractors' Bond Law of 1967."

23[(ii)  Section 1 of the act of May 1, 1913 (P.L.155, No.104),
24entitled "An act regulating the letting of certain contracts for
25the erection, construction, and alteration of public
26buildings."]

27(iii)  The act of August 11, 1961 (P.L.987, No.442), known as
28the "Pennsylvania Prevailing Wage Act."

29(iv)  The "Public Works Contractors' Bond Law of 1967."

30(v)  The act of March 3, 1978 (P.L.6, No.3), known as the

1"Steel Products Procurement Act."

2Boards of trustees and contractors of charter schools are not
3subject to the requirements of the act of May 1, 1913 (P.L.155,
4No.104), referred to as the Separations Act.

5* * *

6Section 3.  Section 1913-B.1(e) of the act, added December 9,
72002 (P.L.1472, No.187), is amended to read:

8Section 1913-B.1.  Contracts for Construction, Repair,
9Renovation or Maintenance.--* * *

10(e)  Nothing in this section shall be construed as amending,
11repealing or otherwise modifying the provisions of [the act of
12May 1, 1913 (P.L.155, No.104), entitled "An act regulating the
13letting of certain contracts for the erection, construction, and
14alteration of public buildings," or] the act of August 15, 1961 
15(P.L.987, No.442), known as the "Pennsylvania Prevailing Wage
16Act." The act of May 1, 1913 (P.L.155, No.104), referred to as 
17the Separations Act, shall not apply to any person, entity, 
18contract or activity provided for by this article.

19* * *

20Section 4.  Section 2003-A.1(e) of the act, amended July 11,
211990 (P.L.424, No.103), is amended to read:

22Section 2003-A.1.   Project Contracts.--* * *

23(e)  Nothing in this section shall be construed as amending,
24repealing or otherwise modifying the provisions of [the act of
25May 1, 1913 (P.L.155, No.104), entitled "An act regulating the
26letting of certain contracts for the erection, construction, and
27alteration of public buildings," or] the act of August 15, 1961
28(P.L.987, No.442), known as the "Pennsylvania Prevailing Wage
29Act." The act of May 1, 1913 (P.L.155, No.104), referred to as 
30the Separations Act, shall not apply to any person, entity, 

1contract or activity provided for by this article.

2* * *

3Section 5.  Repeals are as follows:

4(1)  The General Assembly declares that the repeal under
5paragraph (2) is necessary to effectuate the purposes of this
6act.

7(2)  The act of May 1, 1913 (P.L.155, No.104), referred
8to as the Separations Act, is repealed insofar as it applies
9to school entities.

10(3)  All other acts and parts of acts are repealed
11insofar as they are inconsistent with this act.

12Section 6.  This act shall apply to contracts and purchases
13advertised on or after January 1 of the year following the
14effective date of this section.

15Section 7.  This act shall take effect in 60 days.