Section 631.1 - Specific powers of the Department of General Services (Adm. Code Section 2401.1)In addition to all other powers and duties set forth in this act, the Department of General Services shall have the power, and its duty shall be:
(1) To exercise all the powers and duties as to new construction, alteration and repairs over twenty-five thousand dollars ($25,000) base cost, heretofore exercised by the Department of Property and Supplies and other Commonwealth departments. Base cost shall mean and include the base construction cost of a capital project as set forth in a capital budget.(2) To have exclusive authority over all construction of capital public improvement projects passed in a Commonwealth Capital Budget or other legislation; excluding, however, highways, bridges and other transportation facilities. "Public improvement projects" means and includes constructing, improving, and acquiring sewers, sewer systems, and sewage treatment works for state institutions of every kind and character, public buildings for the use of the Commonwealth, State arsenals, armories, and military reserves, State airports and landing fields, State institutions of every kind and character, additions and improvements to State colleges and Indiana University of Pennsylvania, State-related educational institutions, necessary roads, bridges, tunnels, and relocation of highways needed for "public improvement projects," swimming pools, reservoirs and lakes, marinas, marine terminals, port improvements, low head dams, improvements to river embankments, desilting dams, impounding basins, flood control projects, and the purchase of lands for rehabilitation purposes in connection with State institutions and for use of State colleges: Provided, however, That the purpose and intent of these projects being to benefit the people of the Commonwealth by, among other things, increasing their commerce and prosperity, and not to unnecessarily burden or interfere with existing business by the establishment of competitive enterprises which, in whole or in part, shall duplicate or compete with existing enterprises serving substantially the same purposes.(3) To have exclusive authority over all Commonwealth repair projects which cost in excess of twenty-five thousand dollars ($25,000) funded by appropriations in the operating budget; excluding, however, highways, bridges, and other transportation facilities.(4) To acquire land in the name of the Commonwealth by purchase or eminent domain proceedings, in fee or in such right, title, interest or easement as the department may deem necessary for the project as specifically authorized in a capital budget or other legislation; excluding, however, highways, bridges and other transportation facilities.(5) To carry out all construction activities which cost in excess of twenty-five thousand dollars ($25,000), including all aspects of project management, design and construction, such as preplanning and estimating, legal and administrative services, planning, actual construction, repair, alteration or addition to existing facilities.(6) To exercise all the powers and duties as to new construction heretofore exercised by The General State Authority.(7) To provide, when and if requested, by contract all the services cited above for all State agencies.(8) To take by assignment from The General State Authority and the Department of Property and Supplies all contracts which have been entered into for the construction of projects not completed, and all projects which have or shall have been authorized for which funds have been allocated or otherwise committed.(9) To formulate and establish minimum specifications and standards for construction, room design, materials and utilities for all projects to be constructed by or the construction of which is subsidized in whole or in part by the Commonwealth and to be used by any department, board, agency, commission, or State supported institution, agency, or project; for this purpose, the Department of General Services may establish a laboratory for testing new construction materials, procedures and systems and shall issue reports on the results of any such laboratory tests.(10) To assume specific responsibility for controlling the quality of materials and workmanship, giving due consideration to the feasibility of maintaining public projects once they have been built.(11) To provide architectural and engineering services, including planning, estimating and project management to any department, board, commission, agency or State-supported institution contemplating State construction or repair projects out of funds appropriated to it or the department, board, agency, commission, or State-supported institution for which the project is intended.(12) To employ officers, agents, employes, capable registered architects and engineers, technical specialists and clerical personnel as may be necessary to comply with the provisions of this section. No employe may, on leaving the employ of the department, negotiate or participate in any contract for the providing of goods or services to the department before the expiration of one year from the date of termination of his employment.(13) With approval of the Governor, to allocate increases in the cost of capital projects to be acquired and/or constructed from general obligation bonds provided (i) funds are available from authorizations no longer required for design, acquisition or construction of any approved capital project and provided (ii) that the previously approved cost of the project is increased by an amount no greater than a dollar amount determined as follows: the approved project cost multiplied by one hundred twenty per centum (120%) of the escalation percentage in The Composite Construction Cost Index of the United States Department of Commerce for the period from the date of the General Assembly approval of the base construction cost to the date of the awarding of the construction bids.(14) With the approval of the Governor, to transfer and convey any easements or licenses necessitated by any construction project which has been previously authorized by the General Assembly.(15) To enter into contracts of all kinds and to execute all instruments necessary or convenient for carrying on its operations.(16) To accept grants and subsidies from and enter into agreements or other transactions with any Federal agency or agency of the Commonwealth or other entity.(17) To accept grants-in-aid, gifts, donations, legacies or usages of money made or extended by individuals, organizations, public or private corporations, departments or instrumentalities of the Commonwealth, or the Federal Government, and to return money advanced for its usage not otherwise required for its purposes.(18) To pay for administrative expenses related to capital projects funded by Commonwealth General Obligation Bonds or other funds appropriated, the Department of General Services, with the approval of the Governor, shall charge a fee against proceeds from said bonds which were sold to finance base construction or acquisition costs of said projects undertaken by the department or a like fee against other specifically appropriated funds for capital improvement projects. The amount of the fee shall be set by departmental regulations.(19) Repealed by 1998, May 15, P.L. 358, No. 57, § 6(a), effective in 180 days.(20) To do all acts and things necessary or convenient to carry out the powers granted to it by this act or any other acts, including but not limited to the issuance of general regulations implementing the act.(21) To delegate at the discretion of the Secretary of General Services to a State-related institution in the Commonwealth system of higher education the performance on behalf of the Commonwealth of some or all of the powers and duties to plan, design, construct, administer and manage any public improvement project which has been statutorily authorized by the Commonwealth for such institution and the furnishing and equipping thereof, subject to such reasonable, necessary and appropriate conditions as may be mutually agreed upon between the department and such institution.1929, April 9, P.L. 177, art. XXIV, § 2401.1, added 1975, July 22, P.L. 75, No. 45, § 9, effective in 90 days. Amended 1992, Dec. 18, P.L. 1638, No. 180, § 6, imd. effective. Affected 1998, May 15, P.L. 358, No. 57, § 6(a), effective in 180 days.