[1]
Editor's Note: See Home Rule Charter, § 12.03.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
The day, date, time and location for receipt,
opening and reading of all bids shall be scheduled by the Mayor, in
his discretion.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
The Mayor may reschedule and change the day,
date, time and location for the receipt, opening and reading of all
bids at his discretion, provided that the rescheduled day, date, time
and location is publicly advertised at least three days before the
rescheduled date for the receipt, opening and reading of all bids
and further provided that all bidders who have either submitted a
bid or registered with the Township as having purchased, picked up
or reviewed a set of contract documents renotified, either the telephone
or mail, of the rescheduled bid opening day, date, time and location.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
All bids shall be received, opened and read
by the Mayor at a public meeting at the day, date, time and location
stated in the advertisement or rescheduled date, as provided herein.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
The reading of all bids shall include the identity
of the bidder, the bid or quoted prices, any terms or conditions which
the bidder was free to specify or enter as part of his bid and whether
or not the bidder has complied with all of the bid requirements for
a bid bond, prequalification and any other documentation required
at the time of bid submission for a bid to be responsive. The Mayor
shall have the power to investigate and confirm the accuracy and adequateness
of any part of a bid, notwithstanding the appearances or statements
regarding the appearances of a bid made at the time of bid opening.
No proprietary or confidential information received from any bidder
as part of his bid shall be disclosed by the Township without affording
that bidder a reasonable opportunity to contest such disclosure, prior
to the disclosure. The Township may otherwise disclose information
from the bid as it sees fit.
The Township contract need not be awarded on
the date the bids are formally received, opened and read.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
On the first business day following the receipt
of any and all competitive bids, the Mayor shall cause to be forwarded
to all members of the Township Board of Commissioners a summary of
the bids received, the complete bids shall be available to the Commissioners
upon request.
Withdrawal of bids by any bidder shall be governed by the provisions of Title 73 of the Pennsylvania Statutes, "Chapter 18, Public Contracts — Withdrawal of Bids" (73 P.S. § 1601 et seq.), as amended from time to time.
All Township contracts shall be subject to the
provisions of the Pennsylvania "Antibid-Rigging Act" (73 P.S., Chapter
18A, § 1611 et seq.), as amended from time to time. In addition,
for all Township contracts when public advertising and competitive
bids are required, the Township shall require that each bidder submit
a certification or affidavit of noncollusion, in accordance with § 1617
of such Act, as amended from time to time.
When the Township advertises for bids on an
item, in accordance with the provisions of law regarding advertising
for bids, and no bids are submitted or received, the Township shall
rebid the item. If again bids are not submitted or received, the Township
may purchase or enter into contracts for the purchase of any item
included in the advertisement upon which no bids have been received
from suppliers for the item within 45 days of the date of the second
advertisement therefor, all in accordance with the provisions of Title
73 of Pennsylvania Statutes, § 1641 et seq., as amended
from time to time.
[Amended 8-8-2005 by Ord. No. 2578]
Any person, firm or corporation who shall violate
any provision of this Part 11 shall, upon conviction thereof, be sentenced
to pay a fine of not more than $600 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
30 days. Each day that a violation of this Part 11 continues shall
constitute a separate offense. Any knowledge of an alleged violation
of this Part 11 shall be notarized to the Township Solicitor who shall
immediately proceed to file charge with the District Justice on behalf
of the Township of Whitehall. Failure of the Township Solicitor to
so act shall force Board action to properly pursue penalty enforcement
by naming special counsel to proceed.
