An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, in grounds and buildings, further providing for work to be done under contract let on bids and exception; and, in books, furniture and supplies, further providing for purchase of supplies.

PRINTER'S NO. 1745
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1348
Session of
2026
INTRODUCED BY LAUGHLIN, MAY 26, 2026
REFERRED TO EDUCATION, MAY 26, 2026
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, further
providing for work to be done under contract let on bids and
exception; and, in books, furniture and supplies, further
providing for purchase of supplies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 751(a.2), (a.3), (b.1) and (g) and
807.1(a.2), (a.3) and (e) of the act of March 10, 1949 (P.L.30,
No.14), known as the Public School Code of 1949, are amended to
read:
Section 751. Work to be Done Under Contract Let on Bids;
Exception.--(a.2) (1) All construction, reconstruction,
repairs, maintenance or work of any nature, including the
introduction of plumbing, heating and ventilating, or lighting
systems, upon any school building or upon any school property,
or upon any building or portion of a building leased under the
provisions of section 703.1, made by any school district where
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the entire cost, value or amount of such construction,
reconstruction, repairs, maintenance or work, including labor
and material, shall exceed a base amount of eighteen thousand
five hundred dollars ($18,500), subject to adjustment under
section 120, shall be done under separate contracts to be
entered into by such school district with the lowest responsible
bidder, upon proper terms, after due public notice has been
given asking for competitive bids. Whenever a board of school
directors shall approve the use of a prefabricated unit,
complete in itself, for a school building or other proper
structure to be erected upon school property, the board of
school directors may have prepared appropriate specifications
detailing the size and material desired in a particular
prefabricated unit, including all utilities such as plumbing,
heating and ventilating, and electrical work, and may advertise
for a single bid on all the work and award the contract therefor
to the lowest responsible bidder: Provided, That, if due to an
emergency a school plant or any part thereof becomes unusable,
competitive bids for repairs or replacement may be solicited
from at least three responsible bidders, and, upon the approval
of any of these bids by the board of school directors, the
school district may proceed at once to make the necessary
repairs or replacements in accordance with the terms of said
approved bid or bids; and Provided further, That the school
district shall notify the Secretary of Education in a form and
manner determined by the Secretary of Education that an
emergency has occurred and a bid has been selected under the
emergency process provided for in this section.
(2) Beginning in the 2026-2027 school year and for each
school year thereafter, the competitive bids required by
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paragraph (1) shall only be required if the entire cost, value
or amount of the construction, reconstruction, repairs,
maintenance or work, including labor and material, exceeds a
base amount of one hundred thousand dollars ($100,000), subject
to adjustment under section 120.
(a.3) Written or telephonic price quotations from at least
three qualified and responsible contractors shall be requested
by the board of school directors for all contracts that exceed a
base amount of [ten thousand dollars ($10,000),] fifty thousand
dollars ($50,000), subject to adjustment under section 120, but
are less than the amount requiring advertisement and competitive
bidding, or, in lieu of price quotations, a memorandum shall be
kept on file showing that fewer than three qualified contractors
exist in the market area within which it is practicable to
obtain quotations. A written record of telephonic price
quotations shall be made and shall contain at least the date of
the quotation, the name of the contractor and the contractor's
representative, the construction, reconstruction, repair,
maintenance or work which was the subject of the quotation and
the price. Written price quotations, written records of
telephonic price quotations and memoranda shall be retained for
a period of three years.
(b.1) The board of school directors in any school district
may perform any construction, reconstruction, repairs, or work
of any nature where the entire cost or value, including labor
and material, is less than a base amount of [ten thousand
dollars ($10,000),] fifty thousand dollars ($50,000), subject to
adjustment under section 120, by its own maintenance personnel.
The board of school directors in any school district may
authorize the secretary of the board or other executive to award
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contracts for construction, reconstruction, repairs, or work of
any nature, where the entire cost or value, including labor and
material, subject to adjustment under section 120, is a base
amount of [eighteen thousand five hundred dollars ($18,500)] one
hundred thousand dollars ($100,000) or less, without soliciting
competitive bids, subject, however, to the provisions of
subsection (a.3).
* * *
(g) No board of school directors shall evade the provisions
of this section as to advertising for bids or purchasing
materials or contracting for services piecemeal for the purpose
of obtaining prices under a base amount of [eighteen thousand
five hundred dollars ($18,500),] one hundred thousand dollars
($100,000), subject to adjustment under section 120, upon
transactions which should, in the exercise of reasonable
discretion and prudence, be conducted as one transaction
amounting to more than a base amount of [eighteen thousand five
hundred dollars ($18,500),] one hundred thousand dollars
($100,000), subject to adjustment under section 120. This
provision is intended to make unlawful the practice of evading
advertising requirements by making a series of purchases or
contracts each for less than the advertising requirement price,
or by making several simultaneous purchases or contracts each
below said price, when in either case the transaction involved
should have been made as one transaction for one price.
Section 807.1. Purchase of Supplies.--
(a.2) All furniture, equipment, textbooks, school supplies
and other appliances for the use of the public schools costing,
subject to adjustment under section 120, a base amount of
[eighteen thousand five hundred dollars ($18,500)] one hundred
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thousand dollars ($100,000) or more shall be purchased by the
board of school directors only after due advertisement as
hereinafter provided. Supplies costing, subject to adjustment
under section 120, a base amount of [eighteen thousand five
hundred dollars ($18,500)] one hundred thousand dollars
($100,000) or more shall be purchased by the board of school
directors only after public notice has been given by
advertisement once a week for three (3) weeks in not less than
two (2) newspapers of general circulation. In any district where
no newspaper is published, said notice may, in lieu of such
publication, be posted in at least five (5) public places.
(a.3) Written or telephonic price quotations from at least
three (3) qualified and responsible vendors shall be requested
by the board of school directors for all purchases of supplies
that exceed a base amount of [ten thousand dollars ($10,000),]
fifty thousand dollars ($50,000), subject to adjustment under
section 120, but are less than the amount requiring
advertisement and competitive bidding, or, in lieu of price
quotations, a memorandum shall be kept on file showing that
fewer than three (3) qualified vendors exist in the market area
within which it is practicable to obtain quotations. A written
record of telephonic price quotations shall be made and shall
contain at least the date of the quotation, the name of the
vendor and the vendor's representative, the supplies which were
the subject of the quotation and the price of the supplies.
Written price quotations, written records of telephonic price
quotations and memoranda shall be retained for a period of three
years.
* * *
(e) No board of school directors shall evade the provisions
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of this section as to advertising for bids or purchasing
materials piecemeal for the purpose of obtaining prices under
the base amount of [eighteen thousand five hundred dollars
($18,500),] one hundred thousand dollars ($100,000), subject to
adjustment under section 120, upon transactions which should, in
the exercise of reasonable discretion and prudence, be conducted
as one transaction amounting to more than a base amount of
[eighteen thousand five hundred dollars ($18,500),] one hundred
thousand dollars ($100,000), subject to adjustment under section
120. This provision is intended to make unlawful the practice of
evading advertising requirements by making a series of purchases
or contracts each for less than the advertising requirement
price, or by making several simultaneous purchases or contracts
each below said price, when in either case the transaction
involved should have been made as one transaction for one price.
Section 2. This act shall take effect in 60 days.
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