[Ord. 514, 4/5/2006, § 1]
Lower Southampton Township recognizes that there is a need to
ensure that all work on public construction and maintenance contracts
is performed by responsible qualified firms that maintain the capacity,
expertise, personnel and other qualifications and resources necessary
to successfully perform such contracts in a timely, reliable and cost-effective
manner. Therefore, Lower Southampton Township shall require compliance
with the provisions of this part by business entities seeking to provide
services to the Township as specified herein. The requirements of
this part are intended to supplement, not replace, existing contractor
qualification and performance standards or criteria currently required
by law, public policy or contracting documents. However, in the event
that any of the provisions of this part conflict with any municipal
law within Lower Southampton Township, this part shall prevail.
[Ord. 514, 4/5/2006, § 2; as amended by Ord. 548,
9/22/2010]
1.
All contractors and subcontractors of any tier which perform work
valued in excess of $100,000 on any public facility or public work
project, including construction, alteration, renovation, repair, service
or maintenance, shall meet the requirements of this part.
2.
All firms engaged in contracts covered by this part shall be qualified
responsible contractors or subcontractors that have sufficient capabilities
in all respects to successfully perform contracts on which they are
engage, including the necessary experience, equipment, technical skills
and qualifications and organizational personnel and financial resources.
Qualified responsible firms shall also have a satisfactory past performance
record and a satisfactory record of law compliances, integrity and
business ethics.
3.
The terms, conditions and provisions of this part shall not apply
to contracts or agreements for work entered into by and between Lower
Southampton Township and any other federal, state or local government
entity or authority, which same agreements are specifically exempt
from the requirements of this part.
[Ord. 514, 4/5/2006, § 3]
1.
As a condition of performing work on a public works contract subject
to this part, a general contractor, construction manager or other
lead or prime contractor which seeks award of a contract shall submit
a contractor responsibility certification at the time it submits its
bid or proposal for a contract.
2.
The contractor responsibility certification shall be completed on
a form provided by Lower Southampton Township and shall reference
the project for which the bid or proposal is being submitted by name
and contract or project number.
3.
In the contractor responsibility certification the construction manager,
general contractor or other lead or prime contractor shall confirm
the following facts regarding its past performance and work history
and its current qualifications and performance capabilities:
A.
The firm has not been debarred by any federal, state or local government
agency or authority in the past three years.
B.
No officer, director, owner or managerial employee of the firm has
been convicted of a felony relating to construction, maintenance,
service or repair contracting industries, and further, that no officer,
director, owner or managerial employee of the firm has been under
investigation by any federal, state or local law enforcement agency
for criminal conduct relating to construction, maintenance, service
or repair contracting in the three years prior to the submission of
the bid or proposal. If any such person has been subject to an investigation
as provided hereunder, a detailed written disclosure and explanation
must be submitted as a part of the contractor responsibility certification.
C.
The firm has not defaulted on any project in the past three years.
D.
The firm has not had any type of business, contracting or trade license
revoked or suspended by any government agency or authority in the
past three years.
E.
The firm has not been found in violation of any other law relating
to its contracting business, including, but not limited to, wage or
hour laws, environmental laws, antitrust laws, licensing laws or tax
laws, by a final decision of a court or government agency authority
in the past three years.
F.
The firm has all technical qualifications and resources, including
equipment, personnel and financial resources, to perform the referenced
contract, or will obtain same through the use of qualified, responsible
subcontractors.
G.
The firm has been incorporated and conducting business in the trade
or craft for which it is bidding on for at least three years. The
term "conducting business" shall mean having completed projects either
the same or substantially similar to the project for which it is bidding.
If queried on this paragraph, the firm shall produce legal documents,
photographs and references as to the longevity of its business. This
review shall be conducted by the Township Manager or the Board of
Supervisors or their designee.
H.
The employees of the firm or its subcontractor's employees shall
be in the United States legally, and a list of all possible employees
and their citizenship/legal standing shall be supplied to the Township
Manager on a monthly basis.
I.
In those projects financed by Lower Southampton Township only, the
firm must participate in a Class A apprenticeship program for each
trade or craft in which it employs craft employees and shall continue
to participate in such program or programs for the duration of the
project. A Class A apprenticeship program is an apprenticeship program
which is currently registered with the United States Department of
Labor or a state apprenticeship agency and has graduated apprentices
to journeyperson status for each of the past five consecutive years.
The firm shall provide proof of meeting this qualification standard
by submitting appropriate documentation as an attachment to the responsible
contractor certification. To permit development of recently registered
programs, the graduation requirement of this provision shall not apply
to:
(1)
An apprenticeship training program registered within the past
five years.
(2)
An apprenticeship program registered within the past 10 years
if the program provides apprenticeship training for a craft or trade
that was not recognized as an apprenticeable craft or trade by the
United States Department of Labor or State Apprenticeship Council
at the time the program was registered.
J.
In those projects receiving funding from federal or commonwealth
sources, the firm must participate in an apprenticeship program for
each trade or craft in which it employs craft employees and shall
continue to participate in such program or programs for the duration
of the project. The firm shall provide proof of meeting this qualification
standard by submitting appropriate documentation as an attachment
to the responsible contractor certification. To permit development
of recently registered programs, the graduation requirement of this
provision shall not apply to an apprenticeship training program registered
within the past five years.
4.
Lower Southampton Township may require any other additional information
it deems necessary to evaluate a prospective contractor's technical
qualifications, resources and performance capabilities. Lower Southampton
Township may require that such information be included in a statement
of qualifications and experience as an attachment to the contractor
responsibility certification.
5.
In the contractor responsibility certification, the submitting firm
shall stipulate that, if it receives a notice of intent to award contract,
it will provide Lower Southampton Township with a subcontractor list
and subcontractor information as specified herein.
6.
If the submitting firm is, or was in the past five years, related
to any other company or business entity that provided or provides
contractual services in the construction, maintenance, service or
repair industries, whether as a parent company, subsidiary or any
other business relationship, it shall submit a detailed written explanation
of such relationship and provide a contractor responsibility certification
for the related company, if requested.
7.
If any person or entity that is a shareholder, owner or partner of
the submitting firm owns an interest of 20% or more in another entity
that provides or has provided contractual services in the construction,
maintenance, service or repair industries, it shall submit a detailed
written explanation of such relationship and provide a contractor
responsibility certification for such other entity, if requested.
8.
Lower Southampton Township may require that contractor responsibility
certifications and other information required by this part be submitted
electronically.
9.
Lower Southampton Township may charge firms submitting bids or proposals
a reasonable fee to defray costs for processing and evaluating contractor
responsibility certifications and related information and documents.
Any such fee shall be as fixed by the Board of Supervisors.
[Ord. 514, 4/5/2006, § 4]
1.
After it has received bids or proposals, Lower Southampton Township
shall issue a notice of intent to award contract to the firm offering
the lowest responsive bid or, in the case of competitive proposals,
the firm offering the most advantageous proposal.
2.
Such notice shall be issued as soon as possible after bids or proposals
are submitted and shall stipulate that the contract award will be
conditioned on the issuance of a written contractor responsibility
determination, as required by this section.
[Ord. 514, 4/5/2006, § 5]
1.
Within 14 days of receiving such a notice of intent to award contract,
a prospective awardee shall submit to Lower Southampton Township a
subcontractor list containing the names of all subcontractors it will
use for the referenced project, their addresses and a description
of the work each listed subcontractor will perform on the project.
2.
At the time a prospective awardee submits a subcontractor list, it
shall also submit subcontractor responsibility certifications for
all listed subcontractors to Lower Southampton Township. Subcontractor
responsibility certifications shall be executed by the respective
subcontractors and shall contain the same information and representations
required in contractor responsibility certifications.
3.
A construction manager, general contractor or other lead or prime
contractor shall not be permitted to use any subcontractor on procurement
contracts subject to this section which is not on the subcontractor
list, unless it demonstrates compelling reasons for using an unlisted
subcontractor and obtains prior written approval from Lower Southampton
Township.
4.
An unlisted subcontractor shall not be approved by Lower Southampton
Township unless it executes a subcontractor responsibility certification
as required by this part at least 30 days prior to commencing work.
This thirty-day requirement may be waived in emergency situations.
Any such certification shall be made available to the public as specified
in § 13-608.3.
[Ord. 514, 4/5/2006, § 6]
1.
Contractor and subcontractor responsibility certifications shall
be executed by a person who has sufficient knowledge to address all
matters in the certification and shall include an attestation stating,
under the penalty of perjury, that all information submitted is true,
complete and accurate.
2.
If it is subsequently determined that a contractor or subcontractor
responsibility certification contains false or misleading material
information that was provided knowingly or with reckless disregard
for the truth, or omits material information that was omitted knowingly
or with reckless disregard of the truth, the firm for which the certification
was submitted shall be prohibited from performing work for Lower Southampton
Township for a period of three years and shall be further subject
to any other penalties and sanctions, including contract termination,
available to Lower Southampton Township under law. Termination of
a contract under these circumstances shall entitle Lower Southampton
Township to withhold payment of any money due to the firm as damages.
[Ord. 514, 4/5/2006, § 7]
1.
Once a notice of intent to award contract has been issued, Lower
Southampton Township shall undertake a thirty-day agency review to
determine whether the prospective awardee is a qualified responsible
contractor in accordance with the requirements of this part and other
applicable laws and regulations.
2.
As part of this agency review, Lower Southampton Township shall ensure
that the contractor responsibility certification, subcontractor list
and subcontractor responsibility certifications, as required by this
part, have been submitted and properly executed.
3.
Lower Southampton Township may further conduct any other inquiry
to independently verify that the prospective awardee and its listed
subcontractors have the technical qualifications and performance capabilities
necessary to successfully perform the contract and has a sufficient
record of law compliance and business integrity to justify the award
of a public contract. In conducting such inquiries, Lower Southampton
Township may seek information from firms which have submitted responsibility
certifications, prior customers of such firms, or from any other relevant
source. In conducting this evaluation, the Township may also consider
relevant information on any business entities that are found to be
related to the firm.
4.
In the event that Lower Southampton Township determines that a prospective
subcontractor does not meet the qualification standards included in
the subcontractor responsibility certification or does not otherwise
qualify as a responsible firm, it shall inform the general contractor,
construction manager or other lead or prime contractor and permit
it to self-perform the work of the subcontractor or substitute another
subcontractor which meets the requirements of this part.
5.
In the event that a subcontractor is disqualified under this part,
the general contractor, construction manager or other lead or prime
contractor shall not be permitted to make any type of contractual
claim against Lower Southampton Township on the basis of a subcontractor
disqualification.
6.
If at the conclusion of its internal review, Lower Southampton Township determines that all responsibility certifications have been properly completed and executed and if it concludes that the qualifications, background and responsibility of the prospective awardee and the firms on its subcontractor list are satisfactory, it shall issue a written contractor responsibility determination verifying that the prospective awardee is a qualified and responsible contractor. The contractor responsibility determination shall be issued within 30 days from the date the notice of intent to award contract is issued. This responsibility determination may be revoked or revised in any manner at any time during the public review process set forth in § 13-608 in the event Lower Southampton Township obtains relevant information warranting any such revocation or revisions. If Lower Southampton Township determines that a prospective awardee does not meet the standards established under this part, it shall issue a determination stating that it finds the firm nonresponsible.
[Ord. 514, 4/5/2006, § 8]
1.
To permit adequate public review of the procurement process, Lower
Southampton Township shall provide a fourteen-day public review period
commencing from the date the contractor responsibility determination
is issued.
2.
During this period, the contractor responsibility certification,
subcontractor list, subcontractor responsibility certifications and
the determination of contractor responsibility, as specified herein,
shall be subject to public inspection.
3.
These records shall be made available for public inspection in a
public document room or on a publicly accessible website. In the alternative,
copies of these records shall be produced or otherwise made available
for public inspection within five business days upon written request.
4.
During the public review period, any person or organization may protest
a contractor or subcontractor for failing to meet any applicable requirements
of this part or for any other legitimate basis by submitting, in writing,
a statement of objection, together with any and all supporting evidence,
to the attention of the Lower Southampton Township Board of Supervisors.
The Board shall refer any such objections to the Township Solicitor
for review and disposition prior to approval of any contract or proposal
subject to this part. No contract subject to this part may be approved
or executed until all of the requirements of this part have been fulfilled.
