Delegation of public improvement projects

Act 188 of 1992, § 20, under CAPITAL BUDGET PROJECT ITEMIZATION ACT OF 1991-1992 - ENACTMENT.

Act 188 of 1992, § 20

Section 20. Delegation of public improvement projects.

(a) General delegation.--For the public improvement projects specifically itemized in section 3(12)(vi), the Department of General Services may delegate the authority to construct, improve, equip, furnish, maintain, acquire or operate the project to the Philadelphia Regional Port Authority.

(b) Specific delegation.--

(1) General Assembly finds that it is in the interest of the preservation of employment and the expansion of business opportunities in this Commonwealth, as well as the general welfare of the people of this Commonwealth, that a new paper warehouse at adjacent Piers 78-80 in the Port of Philadelphia, as itemized in section 3(12)(vi)(A), be constructed without any additional delay and that the sole authority to construct the paper warehouse be vested in the Philadelphia Regional Port Authority.

(2) Authority to construct, improve, equip, furnish, maintain, acquire or operate the new paper warehouse itemized in section 3(12)(vi)(A) is hereby removed from the Department of General Services. The Department of General Services shall immediately cease any activity with respect to the construction, improvement, equipping, furnishing, maintenance, acquisition or operation of the paper warehouse. The authority of the Department of General Services with respect to the paper warehouse shall be limited to approval of payment under this act and insurance of compliance by the Philadelphia Regional Port Authority with the Commonwealth's capital budget implementation process, as it shall be amended from time to time.

(3) Notwithstanding any other provision of this act or any other statute, authority to construct, improve, equip, furnish, maintain, acquire and operate the new paper warehouse itemized in section 3(12)(vi)(A) is hereby vested in the Philadelphia Regional Port Authority and the authority is hereby directed to proceed immediately to competitively bid and construct the paper warehouse as a new project in accordance with section 11 of the act of July 10, 1989 (P.L.291, No.50), known as the Philadelphia Regional Port Authority Act.

(4) Participation in the bidding process authorized under paragraph (3) shall be the sole remedy for any person previously involved in the bidding process before the Department of General Services and no suit or other proceeding shall be brought before any court or administrative body against the Commonwealth or any agency, officer or employee thereof as a result of any action taken or contract heretofore awarded with respect to the paper warehouse project, except to the extent that a remedy is available before the Board of Claims under the act of May 20, 1937 (P.L.728, No.193), referred to as the Board of Claims Act.