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Mandate Waiver Legislation Impacts Separations Act

Dear SMACNA Members – 

The Senate Education Committee recently held a hearing in Allentown on legislation which essentially undoes the multiple primes requirements of the Separations Act, a law that is in the best interest of contractors and taxpayers.  .  While the accompanying co-sponsor memo of Senate Bill 569 says it is a re-introduction of previous legislation, the new bill omits non-waivable language that requires separate primes (Sec. 751). 

As you know, The Pennsylvania Separations Act of 1913 requires public entity construction projects to solicit separate bids and award separate contracts for electrical, HVAC (heating, ventilating, air-conditioning), plumbing and general construction. In other words, four prime contracts are required for public projects. This ensures a cleaner and less expensive process of spending taxpayer dollars. Separate prime contracts prevent the taxpayer from paying for unnecessary mark up of subcontractor’s prices. It also provides an opportunity for small and local contractors to bid on projects directly to the public body.

However, some in Harrisburg would like to repeal the Separations Act and SB659 is unfortunately another misguided effort in that effort. Thus, please utilize this page by filling in your home or business information on the right-hand side to contact your local legislators to oppose SB569 and any legislation that will cost taxpayers millions of dollars in unnecessary construction costs. 

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