[HISTORY: Adopted by the Board of Supervisors of the Township of Pine as indicated in article histories. Amendments noted where applicable.]
Administration of government — See Ch. 2.
Article I Bidding Practices and Procedures
§ 9A-4 Prequalification of bidders and establishment/maintenance of a prequalified responsible bidders list.
[Adopted 6-19-2006 by Ord. No. 335]
As used in this article, the following terms shall have the meanings indicated below:
- BEST RESPONSIBLE BIDDER
- A responsible bidder who, in a competitive bidding situation, submits a bid which, as finally determined by the Board of Supervisors, is the best bid available in terms of: price; product and/or service quality; experience and/or functional capabilities of the bidder; adherence to specifications; timeliness or delivery; financial capabilities and financial responsibility of the bidder; serviceability and maintenance; and other factors that the Board of Supervisors may establish.
- PREQUALIFIED RESPONSIBLE BIDDER
- A bidder who is considered responsible either through previous experience in business dealings with the Township or through the Township's investigation of the credit, capabilities, reliability, experience, and performance of the bidder.
- The Township of Pine.
Contracts of the Township involving (or reasonably expected to involve) sums in excess of an amount equal to $100,000 shall be: subject to the requirements and procedures of this article; made in writing; and executed on behalf of the Township by the Chair of the Board of Supervisors (or, in his/her absence, the Vice Chair of the Board of Supervisors), and attested by the Township Manager/Secretary.
Except as otherwise provided herein, no contract in an amount specified in § 9A-2 shall be authorized, let, or otherwise awarded by the Township except with the best responsible bidder after competitive bidding in accordance herewith. The provisions of this article shall not be applicable to contracts: let in conjunction with specifications prepared, issued, and advertised by the Commonwealth of Pennsylvania or any other governmental entity, authority, agency, or political subdivision (i.e., "piggy-backed" contracts); for acquisition or use of real property; for professional or unique services; for emergency repairs of public works (including public roads and their appurtenances) of the Township; for the repair and/or maintenance of public works (including public roads and their appurtenances); or made with other governmental entities, authorities, agencies, or political subdivisions.
§ 9A-4 Prequalification of bidders and establishment/maintenance of a prequalified responsible bidders list.
The Board of Supervisors shall cause to be established and maintained a prequalified responsible bidders list for each type of goods or services to be purchased by the Township in an amount or amounts specified in § 9A-2 of this article. Inclusion on the prequalified responsible bidders list shall signify that the person or entity named thereon is considered by the Township to be responsible, either through previous satisfactory experience in business dealings with the Township or through a previous satisfactory investigation by the Township of the credit, reliability, performance, experience, and capabilities (including both functional and financial capabilities) of the named person or entity.
The prequalification investigation by the Township specified in § 9A-4 of this article shall consist of submission by a prospective bidder of certain information specified by the Township and its satisfactory verification by the Township. Such specified information to be submitted shall include (but need not be limited to):
Names and addresses of all owners and/or officers of the prospective bidder and its organizational structure (e.g., sole proprietorship, partnership, corporation, limited liability company, etc.).
Number of years (if any) of the prospective bidder's prior operation.
Information regarding the financial condition and responsibility of the prospective bidder, which shall include a complete financial statement with balance sheet, income statement and cash flows and all required disclosures. If such financial statement has been audited, the auditor's report shall be included.
A list of all work completed by the prospective bidder within the last three years, including the nature of the work and for whom performed, the amount of the contract for the work; and the responsible contact person (reference).
Number of employees and detail on key personnel as to years of their service with the prospective bidder and their prior experience and skills.
Identities of the specified key personnel who shall be assigned to work with the Township.
A list describing all equipment owned by the prospective bidder. Equipment utilized (but not owned) by the prospective bidder should be separately listed and described (along with information as to the manner in which it is procured, e.g., lease, rental, etc.).
A current insurance certificate indicating the provision of the minimum coverages and limits specified below:
Excess/umbrella liability (each occurrence).
Workers' compensation and employers' liability: $500,000.
Evidence of any officer's or employee's bonding.
Identities of any sureties which have provided bonding to the prospective bidder within the past five years; whether any claims have been initiated against any such bonds and, if so, the disposition of any such claims; and a "bondability certificate."
Information regarding any complaints concerning workmanship, quality of work, timeliness, or other related matters concerning the prospective bidder made within the last three years and which resulted in either a termination of contract or a contractual penalty imposed.
Information regarding current litigation or arbitration proceedings (and any such proceedings initiated within the past three years) involving performance or quality of work concerning the prospective bidder.
Information regarding any prevailing wage complaints previously filed against the prospective bidder.
A list of all subcontractors and suppliers utilized by the prospective bidder within the last two years; whether any such subcontractors and suppliers have filed claims against the prospective bidder; and the disposition of any such claims.
For contracts involving construction projects, a completed Contractors' Qualification Form (American Institute of Architects Form Document No. 305).
A person or entity may be refused inclusion on the prequalified responsible bidders list or disqualified from bidding upon contracts specified in this article or may have their bid upon same rejected for reasons including but not limited to the following:
Failure to adequately respond to the prequalification investigation information requests established by the Township pursuant to this article.
Determination by the Township, following its prequalification investigation, that the person or entity does not possess the experience, skill, equipment, personnel, insurance, or financial capability necessary to satisfactorily perform a contract of the scope and/or magnitude specified in this article.
Documentation of unsatisfactory performance by the person or entity or of unsatisfactory goods of services provided to the Township or other municipalities or private entities.
False or misleading statements about a service or a product.
Collusion with another person or entity in an attempt to regulate the price, quality, or availability of goods or services to the detriment of the Township.
When it is determined that a purchase is to be made through competitive bidding in accordance with the requirements of this article, invitations to bid shall be sent by the Township via first class, pre-paid U.S. mail (certified/return receipt requested) to all persons or entities appearing on the prequalified responsible bidders list for the item/service to be purchased. Such invitation to bid shall include:
A basic description of the item or service to be purchased.
The quantity to be purchased.
The method by which specifications and bid documents may be obtained.
The date, time and place of the bid opening.
The number of persons or entities appearing on the Township's prequalified responsible bidders list for the item or service to be purchased.
Any other specific conditions and requirements, including those which may be related to the particular proposed purchase or project, as established by the Township.
A copy of the invitation to bid may be placed in a legal advertisement published at least one time in a newspaper of general circulation in the Township and may also be posted and announced via the Internet by the Township directly, or through its designated online service provider, if any. The legal advertisement or Internet posting shall appear no later than 30 days prior to the scheduled bid opening.
Specifications shall be prepared for all purchases specified in this article to be made through competitive bidding. Specifications shall consist of a specific, complete and accurate description of the item or service to be purchased, the performance requirements and conditions and the terms of purchase. Specifications shall be clearly worded but shall not be so specific or strict as to effectively eliminate acceptable products from competition. If a maintenance bond is to be required before a contract is awarded, the amount, manner and form shall be prescribed in the specifications. All specifications for construction contracts with the Township shall include requirements for a bid bond and for performance, labor and materialman's bonds.
A bid deposit or bond may be required for any purchase of products or services made by the Township which are subject to the provisions of this article and shall be provided in an amount, manner and form prescribed by the Township Manager. The bid deposit of the best responsible bidder, as determined by the Board of Supervisors, shall be forfeited to the Township if the product or service purchased is not delivered and/or performed, as the case may be, as required in the specifications.
All bids shall be firmly sealed in an envelope and labeled so as to indicate the specific purchase for which the bid is submitted and, also, the scheduled date and time of the bid opening. Bids shall be opened promptly at the appointed time by a bid committee consisting of persons designated by the Board of Supervisors or (if no such designation is made) by at least two members of the Township's administrative staff. All bid openings shall be open to the public. Any bids received after the bid opening has commenced shall be returned to the bidder unopened. Upon completion of bid opening, the bid committee and/or Township's administrative staff shall: confer upon the bids, receive any necessary input thereon from the Township's consultants or advisors, analyze the bids for conformance with the specifications, and thereafter recommend to the Board of Supervisors the best responsible bid.
The Board of Supervisors shall review the recommendation of the bid committee and/or the Township's administrative staff and may award a contract to the best responsible bidder. All such awards shall be made by vote of the Board of Supervisors at a properly advertised public meeting. The Board of Supervisors shall at all times reserve the right to reject any and all bids received or to waive any informalities in the bids received if said informalities do not conflict with the Township's Home Rule Charter, the Code of the Township of Pine, or other applicable law.