(a) Building and construction contracts.--All construction, reconstruction, repairs or work of any nature made by the authority, 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 authority or by labor supplied under agreement with the Federal Government, the Commonwealth or political subdivisions, with supplies and material purchased as hereinafter provided, shall be done only under contract or contracts to be entered into by the authority with the lowest responsible bidder upon proper terms, after due public notice has been given asking for competitive bids as hereinafter provided. The authority 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 authority, and in amount fixed by the authority, for the performance of the contract, and has complied with the provisions of the act of December 20, 1967 (P.L. 869, No. 385),¹ known as the Public Works Contractors' Bond Law of 1967. All such contracts shall provide that the person or corporation entering into such contract with the authority 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 authority to construct, repair or improve any port facility, port-related project, property or project, or portion thereof, of the authority, or any addition, betterment or extension thereto, directly by the officers and employees of the authority.

(b) Supplies and materials.--All supplies and materials costing $4,000 or more which are to be acquired directly by the authority shall not be purchased unless the authority has published notice, at least ten days before the award of any contract or the making of any purchase, in a newspaper of general circulation within the port district and in the Pennsylvania Bulletin. The authority shall accept the lowest bid or bids from a responsible bidder, provided that the kind and quality of materials are equal. The authority 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.

(c) Exception.--Nothing in this section or in any other law of the Commonwealth shall preclude the negotiation and execution of contracts for management, operation, licensing or leasing of port facilities, port-related projects, or any part thereof, by the authority 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 authority determines that an emergency exists and that such supplies and materials must be purchased by the authority immediately.

(d) Professional services.--Nothing in this section or any other law of this Commonwealth shall require the authority to competitively bid architectural design, engineering, concession services, construction management or other professional services required by the authority. Nevertheless, all such contracts not competitively bid shall be subject to the approval of a qualified majority vote of the board.