Is the Separations Act once again in danger of repeal?
House Bill 163, whose prime sponsor is Representative Garth D. Everett, proposes to fully repeal the Separations Act and further amend the Pa. Procurement Code to allow for public projects to be completed by one of four different project delivery methods: (1) construction management at-risk; (2) design-bid-build with multiple prime contractors; (3) design-bid-build with a single prime contractor; or (4) design-build. Each of these delivery methods is defined in the HB 163.
The memorandum for HB 163 describes the Separations Act as “an entirely outdated law costing the taxpayers of Pennsylvania money unnecessarily.” The Separations Act was enacted in 1913 and requires public entities to solicit and award separate contracts for plumbing, heating, electrical, and ventilating work that is part of a public construction project where the cost of construction exceeds $4,000.
A vote on HB 163 is scheduled for Tuesday, June 18th, before the House State Government Committee.
Time will tell whether the Separations Act survives this latest repeal effort.
If you need assistance on a Separations Act issue, feel free to call or email me. I’ll be happy to assist in anyway possible.
Christopher I. McCabe, Esq.
