Borough of Wilkinsburg, PA Purchasing

The Office of Purchasing is created in the Department of Finance. The Manager shall serve as the purchasing agent, except that this task may be delegated to the Director of the Department of Finance.

§ 78-2 Powers and duties of purchasing agent.

The purchasing agent shall:

Procure for the borough the highest quality in supplies, materials, equipment and contractual services at the least expense.

Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases and sales.

Exploit the possibilities of bulk and seasonal buying.

Adopt as standards the minimum number of quantities, sizes and varieties of supplies consistent with the successful operation of the borough. Such standards shall be developed in cooperation with the heads of using agencies.

Prepare and adopt written specifications for supplies, materials, equipment and services as may be required. Specifications shall be developed with information in cooperation with the using departments.

Prescribe and maintain a purchasing process as may be reasonably necessary to the operation of this chapter. These rules shall be subject to Council approval.

Prepare, adopt and maintain such files as may be necessary to the operation of these rules and the purchasing ordinance; have the authority to declare vendors who default on their quotations as irresponsible bidders and to disqualify them from receiving any business from the municipality for a stated period of time.

Obtain all federal and state tax exemptions to which the borough is entitled.

Maintain close contact with the school district and other regional public officials and organizations.

§ 78-3 Bids required.

Except as authorized by the Borough Code,[1] all materials, equipment, supplies and contractual services, when the estimated cost thereof exceeds four thousand dollars ($4,000.), shall be purchased by formal, written contract from the lowest responsible bidder. All sales of personal property which have become obsolete and unserviceable, when the estimated value shall exceed two hundred dollars ($200.), shall be sold by formal, written contract to the highest responsible bidder. Sales of real estate valued at one thousand five hundred dollars ($1,500.) or more shall be sold by formal, written contract to the highest responsible bidder. All awards shall be made by Council.

[1]

Editor's Note: See 53 P.S. § 45101 et seq.

When the award is not given to the lowest responsible bidder, a full and complete statement of the reasons for placing the contract elsewhere shall be placed in the minutes of the Council meeting following the award. In interpreting this action, the burden of proof rests with the municipality, if other than the lowest responsible bidder is awarded the contract.

If all bids received are for the same total amount or unit price, quality being equal, the contract shall be awarded to a local bidder. When the decision can be made in no other way, the contract shall be awarded to one (1) of the tie bidders by drawing lots in public.

Notices inviting bids shall be published in a newspaper of general circulation in the borough in accordance with legal requirements. The newspaper notice shall include general descriptions of the articles to be purchased or sold and shall state where bid blanks and specifications may be secured and the time and place for opening bids. In all cases, a notice inviting bids will be posted in an appropriate place in the Borough Building at least ten (10) days preceding the last day for the receipt of proposals.

The purchasing agent also shall solicit bids from all prospective vendors and contractors by mailing them copies of bids with the necessary specifications, and any other information which will acquaint them with the proposed purchases.

Bids shall be sealed, shall be identified on the envelope, shall be submitted no later than the time stated in the public notice inviting bids and shall be opened at a public meeting at the time and place stated in the public notice. A tabulation of all bids received shall be made available for public inspection.

When deemed necessary by the governing body, bid deposits shall be returned to unsuccessful bidders within five days after the awarding of the contracts. The successful bidder shall forfeit any deposits required upon failure on his part to enter into a contract within fifteen (15) days after the award.

A performance bond in the amount of one hundred percent (100%) of the proposed contract shall be required from the successful bidder before entering into the contract. If such bond is not provided within fifteen (15) days of the award of such bid, the award shall be void. The contractor shall furnish such other bonds or insurance coverage as may be required by law and/or bid specifications.

§ 78-4 Prohibition against subdivision.

No contract or purchase shall be subdivided to avoid the requirements of these rules.

§ 78-5 Purchases to be made only through purchasing agent.

No borough officer or employee shall purchase for or on behalf of the borough any materials or supplies, goods, wares or merchandise of any kind or character except through the purchasing agent, and no voucher, check or other method of payment shall be honored if this method is not followed.

No borough officer or employee shall request any merchant, dealer or other vendor to deliver goods to the borough except on a regular purchase order from the purchasing agent, except in the case of emergency purchases, as provided in the following section.

§ 78-6 Emergency purchases.

In case of actual emergencies, the head of any using department may purchase directly any supplies, materials and equipment, in amounts not greater than five hundred dollars ($500.), whose immediate procurement is essential to prevent delays of the using agency which may vitally affect the life, health or convenience of citizens.

The heads of such using departments shall submit to the purchasing agent a record of the emergency purchasing, together with a report of the circumstances of the emergency.

§ 78-7 Inspection and testing.

The purchasing agent shall inspect, or supervise the inspection of, all deliveries of supplies or contractual services to determine their conformance with the specifications set forth in the contract. Further authority shall be vested in the purchasing agent to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with the specifications.

§ 78-8 Substitution of requisition for patented items.

In all cases where patented items are requisitioned by any department, the purchasing agent has the authority to decide whether similar products of equal quality and at a lower price shall be ordered in lieu of such patented items.

§ 78-9 Cooperative purchasing.

The purchasing agent shall have the authority to join with other units of government in cooperative plans or to participate in the state purchasing plan so that the best interests of the borough shall be served thereby.