(a) Building and construction contracts.--All construction, reconstruction, repairs or work of any nature made by the commission, where the entire cost, value or amount of such construction, reconstruction, repairs or work, including labor and materials, exceeds $10,000, except construction, reconstruction, repairs or work done by employees of the commission or by labor supplied under agreement with the Federal Government, the Commonwealth or political subdivisions, with supplies and material purchased as provided in this section, shall be done only under contract or contracts to be entered into by the commission with the lowest responsible bidder upon proper terms after due public notice has been given asking for competitive bids as provided in this section. The commission shall have the right to reject any or all bids or select a single item from any bid notwithstanding the provisions of this section. No contract shall be entered into for construction or improvement or repair of any project or portion thereof, unless the contractor provides sufficient surety or sureties approved by the commission, and in an amount fixed by the commission, for the performance of the contract, and has complied with the provisions of the act of December 20, 1967 (P.L. 869, No. 385), known as the Public Works Contractors' Bond Law of 1967.¹ All such contracts shall provide that the person or corporation entering into such contract with the commission will pay for all materials furnished and services rendered for the performance of the contract and that any person or corporation furnishing such materials or rendering such services may maintain an action to recover for the same against the obligor in the undertaking, as though such person or corporation was named therein, provided that the action is brought within one year after the time the cause of action accrued and without prejudice to any other rights or remedies available pursuant to statute or law. Nothing in this section shall be construed to limit the power of the commission to construct, repair or improve any port facility, port-related project, property or project, or portion thereof, of the commission, or any addition, betterment or extension thereto, directly by the officers and employees of the commission. Nothing in this section or in any other law of this Commonwealth with respect to construction, reconstruction, repairs or work of any nature done by a Commonwealth or government agency shall apply to a port facility, port-related project or recreation project developed under section 5.1.² However, a port facility, port-related project or recreation project undertaken under section 5.1 shall be subject to all laws governing private construction activities.

(b) Supplies and materials.--All supplies and materials costing $10,000 or more which are to be acquired directly by the commission shall not be purchased unless the commission has published notice according to the provisions of 62 Pa.C.S. (relating to procurement). The commission shall accept the lowest bid or bids from a responsible bidder, provided that the kind and quality of materials are equal. The commission shall have the right to reject any or all bids or select a single item from any bid. The provisions of this subsection shall not apply to the purchase of any supplies and materials which are unique and which cannot be obtained in the open market. Nothing in this section or in any other law of this Commonwealth with respect to the purchase of supplies and materials shall apply to a port facility, port-related project or recreation project developed under section 5.1.

(c) Exception.--Nothing in this section or in any other law of this Commonwealth shall preclude the negotiation and execution of contracts for management, licensing or leasing of port facilities, port-related projects or any part thereof by the commission upon the approval of a majority of the members of the board. Notice and public advertisement provisions of this section for the purchase of supplies and materials may be waived whenever the commission determines that an emergency exists and that such supplies and materials must be purchased by the commission immediately or whenever the contract involves a port facility, port-related project or recreational project under section 5.1.

(d) Professional services.--Nothing in this section or any other law shall require the commission to competitively bid legal, accounting, architectural design, engineering, concession, construction management or other professional services required by the commission, provided that no contract, other than a contract relating to a port facility, port-related project or recreation project developed under section 5.1, shall be executed by or on behalf of the commission for such services without first having advertised according to the provisions of 62 Pa.C.S.