[Adopted 1-28-1974 (Sec. 210.01 of the 1982 Code)]
The President of Council and the Assistant Borough Secretary
are hereby authorized to invest surplus funds of the Borough in legal
interest-bearing securities in accordance with § 1005.6
of the Borough Code, as amended.
[Adopted 11-2-1992 by Ord. No. 1230 (Ch. 208 of the 1982
Code)]
In accordance with Section 1503 of the Borough of Green Tree
Home Rule Charter, the procedure for competitive bidding in the Borough
shall be as provided in this article. However, the provisions of this
article shall not apply to those items not requiring competitive bidding
as set forth in Section 1504 of the Borough of Green Tree Home Rule
Charter.
As used in this article, the following terms shall have the
meanings indicated:
BEST RESPONSIBLE BIDDER
The bidder who, in a competitive bidding situation, submits
a bid which, as finally determined by the Borough Council, is the
best bid available in terms of price, product, service, quality, adherence
to specifications, timeliness of delivery, serviceability, maintenance
and other factors that the Borough Council may establish. The lowest
bid price shall not be a sufficient basis to meet the terms of this
definition.
BID SECURITY
A bid bond, certified check, bank treasurer's check
or cashier's check, drawn in favor of or payable to the Borough,
in an amount not less than 10% of the total amount of a bid, subject
to the requirement that any bid bond shall be written by a company
licensed by the Commonwealth of Pennsylvania to provide such bonds.
RESPONSIBLE BIDDERS LIST
A bidders list for each type of goods or service to be purchased by the Borough as existing five full business days prior to the time period set forth in §
49-4B(4) for the submission of bids (bid closing date).
[Added 8-2-1999 by Ord. No. 1396]
[Added 8-2-1999 by Ord. No. 1396]
A. Preparation of bid.
(1) The Borough Manager, or his or her designee, shall establish an application/questionnaire
for completion by each bidder to determine whether a bidder is qualified
to be determined a responsible bidder, either through previous dealings
with the Borough or through an investigation of the bidder and his
or her credit worthiness, reliability, performance of other like or
similar projects or sales, bonding history, trade, bank, surety and
insurance references.
(2) An application must be completed and investigated by the Borough
Manager, or his or her designee, of each bidder prior to the bidder's
placement on the responsible bidders list.
(3) Upon completion of the investigation set forth above, the Borough
Manager shall promptly either place the bidder on the responsible
bidders list or deny the bidder placement on the responsible bidders
list, setting forth the reasons therefor.
(4) Once qualified as responsible, a bidder shall remain on the bidders
list unless and until removed by reason of disqualification.
B. Any purchase required to be made through competitive bidding shall
require an invitation to bid to be prepared by or at the direction
of the Borough Manager. The invitation shall include, but not be limited
to, the following:
(1) A basic description of the item or items to be purchased;
(2) The quantity of items to be purchased;
(3) The method by which the specifications and the documents may be obtained;
(4) The last date, time and place for the submission of the bids (bid
closing date), and the date, time and place of opening of the bids,
provided that the date of opening the bids need not be the date of
awarding the bids; and
(5) Any other specific requirements deemed necessary by the Borough.
Bid specifications shall be as proposed by the appropriate department
head, but such specifications shall be approved by the Borough Manager
before advertising or submission to proposed vendors. Specifications
shall consist of, but not be limited to, a specific, complete and
accurate description of the item or items to be furnished, labor supplied,
performance requirements and conditions and terms of purchase. Specifications
may include requirements for performance bonds, insurance certificates,
maintenance bonds, labor and material bonds and exceptions to the
bid, if any. Construction contracts with the Borough shall also include
a requirement for a certificate of insurance containing such coverages
and limits as specified by the Borough, performance bonds, labor and
material bonds and, if deemed necessary, maintenance bonds.
[Amended 8-2-1999 by Ord. No. 1396]
A. The Borough reserves the right to disqualify as a bidder any corporation,
firm or individual who or which, for any cause or reason, including,
but not limited to:
(1) Is in arrears to the Borough for any sum, has failed to perform,
either completely or satisfactorily, any prior contract with the Borough,
has failed to fulfill any guarantees or time requirements with the
Borough or has similarly failed in any prior contracts with other
municipalities;
(2) Colludes with another bidder in an attempt to regulate price, quality
or the availability of goods or services;
(3) Is interested in more than one proposal or bid being submitted to
the Borough for the same item;
(4) Attempts to influence the Borough, its employees and/or its officers
through any gifts, gratuities, favors or benefits;
(5) Fails to submit a bid to the Borough on two successive occasions;
or
(6) Provides any false or misleading statements deemed material by the Borough regarding any product, service or information supplied or obtained in response to the application required by §
49-3.
B. The Borough Manager, or his or her designee, shall provide prompt
notice to any bidder disqualified as a responsible bidder, setting
forth the reasons thereof.
C. Any bidder removed by disqualification shall be entitled to apply
for requalification upon submission of proof satisfactory to the Borough
Manager, or his or her designee, that the cause for disqualification
has been removed.
The right of the Borough to enter into contracts where no bids
are received shall be as set forth in 73 P.S. § 1641.