[Ord. 431, 8/20/2008]
1.
Purpose. The purpose of this Part 1D shall be to establish procedures
for the purchase of products, goods and services. Procedures shall
include negotiated contracts, competitive bidding, electronic bidding
and auction, and safeguards against special interests.
2.
The purchasing procedures set forth herein are intended to achieve
the following objectives:
A.
Procurement of the highest quality in supplies, materials, equipment
and contractual services meeting specifications at the least expense
to the Township.
B.
Encouragement of open, competitive pricing.
C.
Encouragement of savings or cost avoidance through bulk or quantity
purchasing.
D.
Maintenance of lists of vendors and contractors.
E.
Assurance of vendor and contractor compliance with municipal specifications
and contract terms and provisions.
F.
Administration of a system of stocking or warehousing of materials
and supplies for day-to-day use.
G.
Encouragement of the purchase of goods made in the Township, Pennsylvania,
or the United States of America.
[Ord. 431, 8/20/2008]
Except as indicated in §§ 1-141F, 1-142 and 1-143 of this Part 1D, competitive bidding shall be required on all contracts for equipment, services and construction with an estimated value in excess of the higher of $25,000, or the threshold amount in effect at any given time pursuant to the Second Class Township Code. The following provisions shall apply to competitive bidding:
A.
Notice to Prospective Bidders. Notice of the desire of the Township
to receive bids from contractors or vendors shall be given as follows:
(1)
The Manager may post the advertisement in a conspicuous place within
the municipal offices.
(2)
By advertisement at least two times, on separate days, in at least
one newspaper of general circulation in the Township. The first advertisement
shall be published not more than 45 days and the second advertisement
not less than 10 days prior to the date for the opening of bids, provided
that a period of less than 10 days may be approved by the Board of
Supervisors where an expedited process is believed to be beneficial
to the Township. This advertisement shall include a general description
of the supplies, materials, equipment and contractual services to
be purchased, a statement as to where bid forms, specifications and
other information may be secured and the time and place for the opening
of bids.
(a)
Where the Board of Supervisors determines that advertising via the Township website will attract a reasonable number of competitive bidders, advertising may be done via posting an advertisement on the Township website in lieu of newspaper advertising. In such case, the same requirements regarding content and timing of the advertisement shall apply as are set forth in § 1-141A above. Such website shall be generally operational and accessible to the public and all potential interested bidders during the time from the first posting until the deadline for submission of bids.
(3)
At the discretion of the Manager, additional notice may be given
in any publication or journal devoted to the dissemination of information
about construction, materials and supplies.
(4)
The Manager may also solicit bids from prospective bidders by mailing,
delivering or electronically transmitting copies of the specifications
and forms and/or any other information which will acquaint them with
the proposed purchase or contract. The Manager may also solicit bids
by posting the advertisement on the Township website.
B.
Specifications for Bidders. When bids are sought for the erection,
construction or alteration of any public building or facility, the
Manager may, upon approval of the Board of Supervisors, have separate
specifications prepared for any one or more of the phases, parts,
sections or internal or external systems of the work; and when this
is done, separate bids may be required for each of those parts of
the work. The contract may be awarded to the lowest responsible bidder
for each of those branches or parts or on the basis of the lowest
total price.
C.
Bid Security. When it shall be deemed necessary by the Board of Supervisors
to protect the interests of the Township, bid security shall be required
in an amount to be determined upon recommendation of the Manager.
The amount of security required shall be set forth in the bid specifications.
Bid security may be in the form of a certified check, cashier's check
or bid bond. If a bid bond is submitted, it must be in a form approved
by the Manager.
D.
Submission, Acceptance and Opening of Bids.
(1)
Physically submitted bids shall be sealed, shall be identified as
bids on the envelope, shall be submitted at the place of opening no
later than the time stated in the public notice inviting bids, and
shall be opened by the Manager or his or her designee in public at
the time and place stated in the public notice. Bids received after
the stated time shall not be accepted.
(2)
In certain instances when specified in the invitation to bid, the
Township will permit the electronic submission of bids. The Township
will maintain the confidentiality of these bids until the date and
time of the bid opening. All bids submitted electronically must be
received by the Township by the date and time and at the e-mail address
specified in the public notice. Electronic bids received after the
stated time shall not be accepted.
E.
Award of Contracts. Contract awards by the Board of Supervisors shall
be made at an advertised public meeting. The following shall apply
to the Board of Supervisors' awards:
(1)
Awards shall normally be made to the lowest responsible and responsive
bidder. However, the Board of Supervisors, upon recommendation of
the Manager, shall have the right to take into consideration such
other factors as delivery date, quality of service, length of warranty,
etc., in determining what bid is the least expensive.
(2)
The Board of Supervisors shall have the authority to waive minor
irregularities.
(3)
The Board of Supervisors shall have the authority to accept or reject
any and/or all bids or to hold all bids for 60 days or until the next
regular Board of Supervisors meeting.
(4)
Tie Bids.
(a)
If two or more of the lowest bids received are for the same
total amount or unit prices and the quality, delivery date and service
capability are equal, the contract may be awarded to a bidder upon
consideration of the following factors:
(b)
As an alternative, the Manager may break ties by requesting
each of the equal low bidders to submit, in writing, their lowest
and final bid. Said tiebreaking bids shall be opened in public, and
each of the bidders shall be informed of the time and place of said
opening. If the bids are still tied, either bidder may be chosen by
the Board of Supervisors.
(5)
A tabulation of bids shall be made available for public inspection.
F.
Exceptions. Contracts or purchases made by the Township to which § 1-141 shall not apply, unless the Board of Supervisors shall otherwise direct in a specific instance, shall include:
(1)
Those for maintenance, repair or replacement of the public works
of the Township, provided that they do not constitute new additions,
extensions or enlargements of existing facilities and equipment. Public
works falling within this category shall include but are not limited
to Township buildings, structures, utilities, sanitary sewer facilities
or appurtenances, storm sewer facilities or appurtenances, park and
recreation facilities, streets, parking lots and driveways.
(2)
Those made for improvements, repairs and maintenance of any kind
made or provided by the Township through its employees, except that
all materials used for street construction, maintenance or improvement
in excess of the applicable bid threshold shall be subject to the
provisions of this Part 1D.
(3)
Those where particular types of goods or services cannot reasonably
be acquired from more than one vendor.
(4)
Those involving any purchase of insurance or surety bond; those made
for public utility service under tariffs on file with the Pennsylvania
Public Utility Commission; those made with the federal government,
the Commonwealth of Pennsylvania or any subdivision thereof, any intergovernmental
cooperative entity or any municipal authority, including the sale,
lease or loan of any supplies, materials, equipment or services by
the commonwealth, the federal government or their subdivisions and
authorities. The price charged to the Township shall not be in excess
of that fixed by the commonwealth, the federal government or their
subdivisions.
(5)
Those involving personal or professional services.
(6)
Those made for improvements, repairs and maintenance of any kind
of property of the Township for labor, materials or profits and overhead,
entered into with any organization which is engaged in rehabilitative
or job training programs and where such organization receives state
or federal funding for such purposes.
(7)
Those cases, with the Board of Supervisors approval, where the Manager
deems it is in the best interest of the Township to purchase without
competitive bidding because compatibility with existing Township equipment
or systems is of high importance.
(8)
Those involving the purchase of equipment and services related to
computer software, technology, and information systems. The purchase
of equipment and services related to computer software, technology,
and information systems shall be made on the basis of best-value procurement.
Contracts under best-value procurement shall be made only after the
Township has solicited proposals based on performance and outcome
specifications developed by the Township and describing, at minimum,
the objectives to be met by the system, the tasks to be performed
by the system, the users of the system, system security issues, the
time frame for system implementation, potential operating technologies,
compatibility with existing systems, training and maintenance, and
shall indicate the process by which the contract shall be awarded.
Best-value procurement shall not require a sealed bid process and
shall permit the Township to negotiate the terms of the agreement
with any responsive and responsible vendor.
(9)
Those involving construction management services, which may be awarded
on a best-value procurement basis similar to that set forth in Subsection
F(5)(h) above.
(10)
Those involving professional expertise or other unique and special
expertise where quality of the service is more valuable to the Township
than the price of the service.
(11)
Those where the Township piggybacks on or purchases off of or
participates in a contract legally awarded by the federal government,
by the commonwealth or any subdivision thereof, any intergovernmental
cooperative or council of governments, any municipal authority, or
by any cooperative purchasing program operated by or for any public
entity or association of public entities or otherwise recognized by
law as eligible to perform cooperative purchasing functions for public
entities.
G.
Disposition of Bid Deposits.
(1)
The Township shall return to the unsuccessful bidders the bid deposits
submitted by them.
(2)
A successful bidder shall forfeit any deposit made by him upon failure
on his part to enter into a contract with the Township within 20 calendar
days after award, unless an extended time is authorized, in writing,
by the Manager.
H.
Piecemeal Contracts and Purchases Restricted. It shall be prohibited for any officer or employee of the Township to purposely evade use of the procedures for competitive bidding by making a series of purchases or contracts, each under the minimum set out in § 1-141 of this Part 1D, or by making several simultaneous purchases or contracts, each below that minimum amount.
I.
Performance Bonds.
(1)
To protect the interests of the Township, a performance bond, which
shall be not less than 10% nor more than 100% of the contract amount,
shall be required from the successful bidder before entering into
a construction contract. The amount of the bond shall be stated in
the bid specifications.
(2)
The Manager shall establish the percent of the contract price required
in the performance bond for purchase of materials, supplies and equipment.
If the performance bond is not furnished within 20 days after the
award of the contract, the award shall be void. Deliveries, accomplishments
and guarantees may be required in all cases of expenditure.
J.
Bonds for the Protection of Labor and Materials. Any person entering
into a contract with the Township for the construction, erection,
installation, completion, alteration or repair of or alteration to
any public work or improvement whatsoever shall, before commencing
work under the contract, execute and deliver to the Township, in addition
to the performance bond, an additional bond, in a sum not less than
50% and not more than 100%, as the Manager may prescribe, conditioned
for the prompt payment of all material furnished and labor supplied
or performed in the prosecution of the work, whether or not the material
or labor entered into becomes component parts of the work or improvement
contemplated. This additional bond shall be deposited with and held
by the Township for the use of any interested party. This bond shall
provide that every person who, whether as subcontractor or otherwise,
has furnished material or supplied or performed labor in the prosecution
of the work and who has not been paid for it may sue in assumpsit
on this additional bond, for his use, and prosecute the suit to final
judgment for whatever sum may be justly due him, and have execution
thereof. The Township shall not be liable for the payment of any costs
or expenses of any suit.
K.
Workers' Compensation. Every contract entered into by the Township
which involves the construction or doing of any work involving the
employment of labor shall contain a provision that the contractor
shall accept, insofar as the work covered by that contract is concerned,
the provisions of the Workers' Compensation Act of 1915, and its supplements
and amendments, and that the contractor will insure his liability
under that act or file with the Township a certificate of exemption
from insurance from the Bureau of Workers' Compensation of the Pennsylvania
Department of Labor and Industry. Any contract executed in violation
of this section shall be null and void.
L.
Discrimination Prohibited. Any contract entered into by the Township
for the construction, alteration or repair of any public building
or public work may contain provisions by which the contractor agrees
that, in the hiring of employees for the performance of work under
the contract or any subcontract under it, no contractor or subcontractor
and no person acting on behalf of the contractor or subcontractor
shall, by reason of race, creed, sex, or color, discriminate against
any person who is qualified and available to perform the work to which
the employment relates. Violations of this provision by the contractor
will constitute grounds for terminating the contract.
M.
Competitive Electronic Auction Bidding.
(1)
Conditions of use. Notwithstanding any other provision of this Part
1D concerning the requirements for competitive bidding for purchases
and contracts, if the Township determines that use of competitive
electronic auction bidding is in the Township's best interest, a contract
for supplies and services, but not for construction or design professional
services, may be entered into by competitive electronic auction bidding.
(2)
Invitation for Bids. An invitation for bids shall be issued and shall
include a procurement description and all contractual terms, whenever
practical, and conditions applicable to the procurement, including
a notice that bids will be received in an electronic auction manner.
(3)
Public Notice. Public notice and advertisement of the invitation for bids shall be given in the same manner as provided in § 1-141A of this Part 1D or other governing law.
(4)
Auctions. Bids shall be accepted electronically at the time and in
the manner designated in the invitation for bids. During the auction,
each bidder shall have the capability to view his/her bid rank or
the low bid price. Bidders may reduce their bid prices during the
auction. At the conclusion of the auction, the record of the bid prices
received and the name of each bidder shall be open to public inspection.
(5)
Award of Contracts. Contract awards by the Board of Supervisors shall
be made at an advertised public meeting. The following applies to
Board of Supervisors awards:
(a)
Awards shall normally be made to the lowest responsible bidder.
However, the Board of Supervisors, upon recommendation of the Manager,
may have the right to take into consideration such other factors as
delivery date, quality of service, length of warranty, etc., in determining
what bid is the least expensive.
(b)
The Board of Supervisors shall have the authority to waive minor
irregularities and defects when the best interests of the Township
would be served.
(c)
The Board of Supervisors shall have the authority to accept
or reject any and/or all bids or to hold all bids for 60 days or until
the next regular Board of Supervisors meeting.
(d)
A tabulation of bids shall be made available for public inspection.
[Ord. 431, 8/20/2008]
1.
All purchases of supplies, materials, equipment and contractual services which are not competitively bid under § 1-141 alone and which do not fall within the exceptions listed at § 1-141F above shall be made, when feasible and when in the best interests of the Township, in the open market without advertisement being required and without observing the procedures prescribed for the receipt of formal sealed bids and the award of contracts on those bids, in one of the following manners: by written inquiry, telephonic, facsimile or e-mail solicitation, or competitive electronic auction bidding.
2.
Open market purchasing, wherever possible, shall be based on two
or more quotations and shall be awarded based on the proposal deemed
by the Board of Supervisors to be most favorable to the Township,
upon considerations including cost, delivery date, quality of product
or service, length of warranty, past performance, local or Pennsylvania
or USA manufacture, etc.
3.
The Manager shall provide to the Board of Supervisors a record of
all open market orders and the quotations submitted in competition
thereon.
4.
All open market contracts shall be awarded or ratified by vote at
a public meeting.
[Ord. 431, 8/20/2008]
In case of actual emergency and with the approval of the Manager,
the head of any department may purchase directly any supplies, materials
and/or equipment, the immediate procurement of which is essential
to prevent delays in the work of the department which might vitally
affect the life, health, safety and/or welfare of citizens. The head
of the department or using agency, after having made any emergency
purchase as authorized by this section, shall submit to the Manager
a record of the emergency purchase, together with a report of the
circumstances of the emergency.
[Ord. 431, 8/20/2008]
The Manager, upon approval of the Board of Supervisors, shall
have authority to join with other units of government, intergovernmental
cooperatives, councils of governments, government purchasing associations,
the commonwealth, or any other cooperative purchasing plan offering
the benefits of cooperative purchasing to public entities when the
best interests of the Township would be served.
[Ord. 431, 8/20/2008]
All Township public officials or public employees, as those
terms are defined in the State Ethics Act, shall comply with the provisions
of Section 3 of the State Ethics Act in all respects as regards procurement
from such officials or employments, their immediate family or a business
with which they are associated.
