Pennsylvania SB 687: An Act amending Title 62 (Procurement) of the Pennsylvania Consolidated Statutes, in general provisions, further providing for definitions; in procurement organization, further providing for specific construction powers, duties and procedures; in procurement of construction and design professional services, further providing for procurement of design professional services; providing for project delivery methods; and making a repeal.

Bill Text

PRINTER'S NO. 666
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 687
Session of
2025
INTRODUCED BY DUSH, COLEMAN, ROTHMAN, PENNYCUICK, KEEFER,
STEFANO, HUTCHINSON AND BROWN, APRIL 28, 2025
REFERRED TO LABOR AND INDUSTRY, APRIL 28, 2025
AN ACT
Amending Title 62 (Procurement) of the Pennsylvania Consolidated
Statutes, in general provisions, further providing for
definitions; in procurement organization, further providing
for specific construction powers, duties and procedures; in
procurement of construction and design professional services,
further providing for procurement of design professional
services; providing for project delivery methods; and making
a repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "design/build contract" in
section 103 of Title 62 of the Pennsylvania Consolidated
Statutes is amended and the section is amended by adding a
definition to read:
§ 103. Definitions.
Subject to additional definitions contained in subsequent
provisions of this part which are applicable to specific
provisions of this part, the following words and phrases when
used in this part shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
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["Design/build contract." A construction contract in which
the contractor is responsible for both the design and
construction of any public structure or building or other public
improvements of any kind to any public real property.]
* * *
"Project delivery method." As defined in section 3201
(relating to definitions).
* * *
Section 2. Sections 322(2) and (6) and 905(a) of Title 62
are amended to read:
§ 322. Specific construction powers, duties and procedures.
The following procedure shall apply to construction to be
completed by the department which costs more than the amount
established by the department under section 514 (relating to
small procurements) for construction procurement unless the work
is to be done by Commonwealth agency employees or by inmates or
patients of a Commonwealth agency institution:
* * *
(2) Promptly after the notice in such cases or promptly
after any appropriation made to it becomes available, the
department shall, if necessary, select an architect and/or an
engineer in accordance with the selection procedures of
section 905 (relating to procurement of design professional
services) to design the work and prepare the specifications
therefor. [The department may, as an alternative, enter into
a design/build contract in accordance with section 511
(relating to methods of source selection). Such design/build
contracts shall be subject to the requirements of this act
and the provisions of the act of August 15, 1961 (P.L.987,
No.442), known as the Pennsylvania Prevailing Wage Act.
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Design/build contracts shall also be subject to the act of
May 1, 1913 (P.L.155, No.104), entitled "An act regulating
the letting of certain contracts for the erection,
construction, and alteration of public buildings," to the
extent provided in paragraph (6).] The department may, as an
alternative, enter into a project delivery method in
accordance with section 511 (relating to methods of source
selection). The project delivery method shall be subject to
all of the following:
(i) The requirements of this part.
(ii) Chapter 32 (relating to project delivery
methods) to the extent provided in paragraph (6).
(iii) The act of August 15, 1961 (P.L.987, No.442),
known as the Pennsylvania Prevailing Wage Act.
* * *
(6) For construction contracts where the total
construction costs are less than $25,000, the department
shall not be required to comply with [the act of May 1, 1913
(P.L.155, No.104), entitled "An act regulating the letting of
certain contracts for the erection, construction, and
alteration of public buildings,"] Chapter 32 and the
department may award such contracts in accordance with
section 511. All projects equal to or exceeding $25,000 shall
be subject to [the act of May 1, 1913 (P.L.155, No.104),
entitled "An act regulating the letting of certain contracts
for the erection, construction, and alteration of public
buildings."] Chapter 32. Whenever the department enters into
a single contract for a project, in the absence of good and
sufficient reasons the contractor shall pay each
subcontractor, within 15 days of receipt of payment from the
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department, an amount equal to the percentage of completion
allowed to the contractor on the account of the
subcontractor's work. The contractor shall also require the
subcontractor to make similar payments to his subcontractors.
* * *
§ 905. Procurement of design professional services.
(a) Applicability.--Design professional services shall be
procu