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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 2336 (April 27, 2024).

22 Pa. Code § 35.51. Construction and repair contracts.


§ 35.51. Construction and repair contracts.

 The board of trustees of a college may perform construction, reconstruction, repairs or work of any nature by its own maintenance personnel or may have the work performed under contract in the following circumstances:

   (1)  If a contract exceeds $20,000, a college shall, with public notice, solicit competitive bids and shall award the contract to the lowest responsible bidder.

   (2)  If a contract exceeds $5,000, but is less than $20,000, a college shall solicit competitive bids from at least three responsible bidders and shall award the contract to the lowest responsible bidder.

   (3)  If a contract is less than $5,000, a college may award the contract without soliciting competitive bids.

   (4)  In an emergency in which a part of the college plant may become unusable, on the approval of the Department, a contract may be awarded without soliciting bids.

   (5)  Bids under public notice shall be received in sealed envelopes at a designated place and time and shall be opened publicly and the contract awarded thereon.

   (6)  Bids under public notice for construction, reconstruction and repair shall be accompanied by a bond with corporate surety or certified check in an amount as the board of trustees determines, but at least 5% of the amount bid. If a bidder, upon award of the contract, fails to comply with the requirements as to a bond guaranteeing the performance of the contract, the bid bond or certified check shall be forfeited.

   (7)  The bidder to whom the contract is awarded shall furnish bonds to guarantee the performance of the contract and payment for labor and materials. Bonds shall be in compliance with the Public Works Contractors’ Bond Law of 1967 (8 P. S. § §  191—202). Failure to furnish bonds shall void the previous award.


   The provisions of this §  35.51 amended February 9, 1973, effective February 10, 1973, 3 Pa.B. 281; amended May 27, 1977, effective May 28, 1977, 7 Pa.B. 1426; amended July 16, 1982, effective July 17, 1982, 12 Pa.B. 2282; amended December 25, 1987, effective December 26, 1987, 17 Pa.B. 5323. Immediately preceding text appears at serial pages (71514) to (71515).

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