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.--(a.2) All construction, reconstruction, repairs, 
21maintenance or work of any nature, including the introduction of 
22plumbing, heating and ventilating, or lighting systems, upon any 
23school building or upon any school property, or upon any 

1building or portion of a building leased under the provisions of 
2section 703.1, made by any school district where the entire 
3cost, value or amount of such construction, reconstruction, 
4repairs, maintenance or work, including labor and material, 
5shall exceed a base amount of eighteen thousand five hundred 
6dollars ($18,500), subject to adjustment under section 120, 
7[shall] may be done under a single contract or separate 
8contracts to be entered into by such school district with the 
9lowest responsible bidder, upon proper terms, after due public 
10notice has been given asking for competitive bids. Whenever a 
11board of school directors shall approve the use of a 
12prefabricated unit, complete in itself, for a school building or 
13other proper structure to be erected upon school property, the 
14board of school directors may have prepared appropriate 
15specifications detailing the size and material desired in a 
16particular prefabricated unit, including all utilities such as 
17plumbing, heating and ventilating, and electrical work, and may 
18advertise for a single bid on all the work and award the 
19contract therefor to the lowest responsible bidder: Provided, 
20That, if due to an emergency a school plant or any part thereof 
21becomes unusable, competitive bids for repairs or replacement 
22may be solicited from at least three responsible bidders, and, 
23upon the approval of any of these bids by the board of school 
24directors, the school district may proceed at once to make the 
25necessary repairs or replacements in accordance with the terms 
26of said approved bid or bids; and Provided further, That the 
27school district shall notify the Secretary of Education in a 
28form and manner determined by the Secretary of Education that an 
29emergency has occurred and a bid has been selected under the 
30emergency process provided for in this section.

1* * *

2(c.1) The act of May 1, 1913 (P.L.155, No.104), referred to
3as the Separations Act, shall not apply to any person, entity,
4contract or activity provided for by this section.

5* * *

6Section 2. Section 1715-A(10) of the act, added June 19,
71997 (P.L.225, No.22), is amended to read:

8Section 1715-A. Charter School Requirements.--Charter
9schools shall be required to comply with the following
10provisions:

11* * *

12(10) Boards of trustees and contractors of charter schools
13shall be subject to the following statutory requirements
14governing construction projects and construction-related work:

15(i) The following provisions of this act:

16(A) Sections 751 and 751.1.

17(B) Sections 756 and 757 insofar as they are consistent with 
18the act of December 20, 1967 (P.L.869, No.385), known as the 
19"Public Works Contractors' Bond Law of 1967."

20[(ii) Section 1 of the act of May 1, 1913 (P.L.155, No.104), 
21entitled "An act regulating the letting of certain contracts for 
22the erection, construction, and alteration of public 
23buildings."]

24(iii) The act of August 11, 1961 (P.L.987, No.442), known as 
25the "Pennsylvania Prevailing Wage Act."

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

27(v) The act of March 3, 1978 (P.L.6, No.3), known as the 
28"Steel Products Procurement Act."

29Boards of trustees and contractors of charter schools are not
30subject to the requirements of the act of May 1, 1913 (P.L.155,

1No.104), referred to as the Separations Act.

2* * *

3Section 3. Section 1913-B.1(e) of the act, added December 9,
42002 (P.L.1472, No.187), is amended to read:

5Section 1913-B.1. Contracts for Construction, Repair,
6Renovation or Maintenance.--* * *

7(e) Nothing in this section shall be construed as amending, 
8repealing or otherwise modifying the provisions of [the act of 
9May 1, 1913 (P.L.155, No.104), entitled "An act regulating the 
10letting of certain contracts for the erection, construction, and 
11alteration of public buildings," or] the act of August 15, 1961 
12(P.L.987, No.442), known as the "Pennsylvania Prevailing Wage 
13Act." The act of May 1, 1913 (P.L.155, No.104), referred to as 
14the Separations Act, shall not apply to any person, entity, 
15contract or activity provided for by this article.

16* * *

17Section 4. Section 2003-A.1(e) of the act, amended July 11,
181990 (P.L.424, No.103), is amended to read:

19Section 2003-A.1. Project Contracts.--* * *

20(e) Nothing in this section shall be construed as amending,
21repealing or otherwise modifying the provisions of [the act of
22May 1, 1913 (P.L.155, No.104), entitled "An act regulating the
23letting of certain contracts for the erection, construction, and
24alteration of public buildings," or] the act of August 15, 1961
25(P.L.987, No.442), known as the "Pennsylvania Prevailing Wage
26Act." The act of May 1, 1913 (P.L.155, No.104), referred to as 
27the Separations Act, shall not apply to any person, entity, 
28contract or activity provided for by this article.

29* * *

30Section 5. Repeals are as follows:

1(1) The General Assembly declares that the repeal under
2paragraph (2) is necessary to effectuate the purposes of this
3act.

4(2) The act of May 1, 1913 (P.L.155, No.104), referred
5to as the Separations Act, is repealed insofar as it applies
6to school entities.

7(3) All other acts and parts of acts are repealed
8insofar as they are inconsistent with this act.

9Section 6. This act shall apply to contracts and purchases
10advertised on or after January 1 of the year following the
11effective date of this section.

12Section 7. This act shall take effect in 60 days.