PRINTER'S NO. 1578
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1149
Session of
2015
INTRODUCED BY AUMENT, ALLOWAY, STEFANO, FOLMER, SMUCKER,
EICHELBERGER AND WAGNER, MARCH 4, 2016
REFERRED TO EDUCATION, MARCH 4, 2016
AN ACT
Amending the act of March 10, 1949 (P.L.30, No.14), entitled "An
act relating to the public school system, including certain
provisions applicable as well to private and parochial
schools; amending, revising, consolidating and changing the
laws relating thereto," in grounds and buildings, providing
for final approval of bid specifications and bids.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of March 10, 1949 (P.L.30, No.14), known
as the Public School Code of 1949, is amended by adding a
section to read:
Section 742. Final Approval of Bid Specifications and
Bids.--(a) Department of Education approval shall require bid
proposal formats which support such cost breakdowns as are
requisite to the several constraint, appraisal and reimbursement
calculations.
(b) Department of Education approval of proposed contract
awards following receipt and analysis of bids shall be a
condition for reimbursement thereon.
(c) When a school district seeks and the Department of
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Education grants emergency status for a project in accordance
with section 751 of this act, solicited quotations for the
required construction or installation and a proposed contract
award may be forwarded to the Department of Education for
consideration prior to local board resolution. In no instance
shall a contract be awarded prior to Department of Education
approval.
(d) Contract specifications may not include any of the
following:
(1) A requirement that a successful bidder or any of its
subcontractors utilize workers:
(i) represented by a designated labor organization; or
(ii) referred by a designated labor organization.
(2) A requirement that a successful bidder's existing work
force or any of its subcontractors' work forces affiliate with
or pay dues to a labor organization.
(3) A requirement that a successful bidder or any of its
subcontractors recognize a labor organization as the exclusive
representative of any of its employes on the project.
(e) No school district may consider or use as a criterion in
its selection process the union or nonunion status of a bidder's
work force.
Section 2. This act shall take effect in 60 days.
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