(a) General rule.--Except as provided under subsection (b), all provisions of laws related to the development, construction, operation or financing of a transportation project in effect on the date the public-private transportation partnership agreement is fully executed shall apply to a public-private transportation partnership agreement entered into between a proprietary public entity and a development entity. The provisions shall include:
(1) The act of May 1, 1913 (P.L.155, No.104), referred to as the Separations Act; however, the development entity selected under section 9109 (relating to selection of development entities) shall be the person whose duty it is to receive separate bids and award and enter into separate contracts for each of the subject branches of work required for the erection, construction and alteration of a public building under a public-private transportation partnership agreement.
(2) The act of August 15, 1961 (P.L.987, No.442), known as the Pennsylvania Prevailing Wage Act.
(b) Limitation.--The following apply:
(1) If the public entity or the proprietary public entity is a Commonwealth agency, 62 Pa.C.S (relating to procurement) shall apply only to the extent provided under paragraph (2).
(2) The following shall apply if the public entity or the proprietary public entity is a Commonwealth agency:
(i) Section 107 (relating to reciprocal limitations).
(ii) Section 531 (relating to debarment or suspension).
(iii) Section 541 (relating to approval of accounting system).
(iv) Section 551 (relating to right to inspect plant).
(v) Section 552 (relating to right to audit records).
(vi) Section 563 (relating to retention of procurement records).
(vii) Chapter 17 (relating to legal and contractual remedies).
(Nov. 25, 2013, P.L.974, No.89, eff. 60 days)
2013 Amendment. Act 89 amended subsec. (a)(1). See the preamble to Act 89 in the appendix to this title for special provisions relating to legislative findings and declarations.
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