[HISTORY: Adopted by the Town Council of the Borough of West
View 3-11-1981 by Ord. No. 1256 (Ch. 30 of the 1977 Code). Amendments
noted where applicable.]
All employees of the Borough of West View, officers and agents
thereof that are engaged in the award and/or administration of contracts
shall comply with the following standards:
A.
No employee, officer or agent of the Borough of West View shall participate
in selection or in the award or administration of a contract if a
conflict of interest, real or apparent, would be involved. Such a
conflict would arise when the employee, officer or agent; any member
of his immediate family; his or her partner; or an organization which
employs or is about to employ any of the above has a financial or
other interest in the firm selected for award.
B.
The Borough of West View's officers, employees or agents shall
neither solicit nor accept gratuities, favors or anything of monetary
value from contractors, potential contractors or parties to subagreements.
However, officers, employees or agents may accept unsolicited items
of nominal intrinsic value.
C.
Any of the Borough of West View's officers, employees or agents
or contractors or their agents shall be penalized for violations of
this section in accordance with the Borough Code and other laws of
the Commonwealth of Pennsylvania.
A.
The Administrator[1] is authorized to purchase those incidental items necessary for the day-to-day operation of the Borough. Such items include but are not limited to stationery, writing implements, file folders, check books, note pads, tablets, fasteners, etc. In making these small purchases, the Administrator is responsible for assuring that procedures outlined in § 62-5A are followed.
[1]
Editor's Note: The name of Harry H. Gruener, which originally
appeared here, was deleted at time of publication.
B.
For all other purchases of supplies, equipment services and construction costing in the aggregate more than $2,500, the Borough shall give its approval by resolution and in accordance with procurement methods outlined in § 62-5.
C.
The Administrator is charged with the responsibility of assuring
the Board that all proposed procurements are in the best interests
of the Borough, are necessary and are not duplicative. All proposed
procurements are to be accomplished in the most economical manner.
In fulfilling this responsibility, the Administrator shall analyze
each contemplated purchase and, among other things, consider lease
versus purchase possibilities.
A.
The following affirmative steps shall be taken to assure that small
and minority businesses are utilized, when possible, as sources of
supplies, equipment, construction and services. Affirmative steps
shall involve the following:
(1)
Including qualified small and minority businesses on solicitation
lists.
(2)
Assuring that small and minority businesses are solicited whenever
they are potential sources.
(3)
When economically feasible, dividing total requirements into small
tasks or quantities so as to permit maximum small and minority business
participation.
(4)
When the requirement permits, establishing delivery schedules which
will encourage participation by small and minority businesses.
(5)
Using the services and assistance of the Small Business Administration,
the Office of Minority Business Enterprise of the Department of Commerce
and the Community Services Administration as required.
B.
The Borough shall take steps, as outlined in Subsection A above, in support of women's business enterprise.
C.
Where possible, the Borough shall procure goods and services from
labor surplus areas.
D.
The Borough shall also recognize local businesses in need of support
for projects.
A.
All Borough procurement transactions, regardless of whether by sealed
bids or by negotiations and without regard to dollar value, shall
be conducted in a manner that provides maximum open and free competition.
B.
In order to assure Subsection A above, the Borough shall:
(1)
Incorporate a clear and accurate description of the technical requirements
for the material, product or service to be procured. Such description
shall not, in competitive procurements, contain features which unduly
restrict competition. The description may include a statement of the
qualitative nature of the material, product or service to be procured
and, when necessary, shall set forth those minimum essential characteristics
and standards to which it must conform if it is to satisfy its intended
use. Detailed product specifications shall be avoided if at all possible.
When it is impractical or uneconomical to make a clear and accurate
description of the technical requirements, a brand name or equal description
may be used as a means to define the performance or other salient
requirements of a procurement. The specific features of the named
brand which must be met by offerors shall be clearly stated.
(2)
Clearly set forth all requirements which offerors must fulfill and
all other factors to be used in evaluating bids and proposals.
C.
Awards shall be made only to responsible contractors that possess
the potential ability to perform successfully under the terms and
conditions of a proposed procurement. Consideration shall be given
to such matters as contractor integrity, compliance with public policy,
record of past performance and financial and technical resources.
D.
Mechanism for evaluating proposals. Notwithstanding the above, the
Borough of West View shall evaluate proposals and select the party
for award pursuant to all of the laws incumbent upon it by the Commonwealth
of Pennsylvania.
A.
The Borough of West View will follow advertising, bidding and other
requirements of the Commonwealth of Pennsylvania as is set forth in
the Borough Code and general municipal law and all procurement activities.
The Borough shall be governed by the statutory money limitations for
advertising as are set forth from time to time in the Borough Code.
B.
In competitive negotiations, proposals shall be requested from a
number of sources, and the request for proposals shall be publicized.
The contractor would be selected by the contracting agency from proposals
received, and the compensation would be based on either a fixed-price
or cost-reimbursable-type contract, as appropriate. If competitive
negotiation is used for a procurement under a grant, the following
requirements shall apply:
(1)
Proposals shall be solicited from an adequate number of qualified
sources to permit reasonable competition consistent with the nature
and requirements of the procurement. Reasonable requests by all sources
to compete shall be honored to the maximum extent practicable.
(2)
The request for proposal shall identify all significant evaluation
factors and their relative importance.
(3)
The grantee shall provide mechanisms for technical evaluation of
the proposals for the determination of responsible offerors and selection
for contract award.
(4)
Award may be made to the responsible offeror whose proposal will
be most advantageous to the grantee. Unsuccessful offerors will be
notified promptly.
(5)
Grantees may utilize competitive negotiation procedures for procurement
of all professionals, whereby competitors' qualifications are
evaluated and the most qualified competitor is selected, subject to
negotiation of fair and reasonable compensation.
C.
Noncompetitive negotiation is procurement through solicitation of
a proposal from only one source, or after solicitation of a number
of sources, competition may be used when the award of a contract is
infeasible under small purchase, competitive bidding (formal advertising)
or competitive negotiation procedures. Circumstances under which a
contract may be awarded by noncompetitive negotiation are limited
to the following:
(1)
The item is available only from a single source.
(2)
Public exigency or emergency when the urgency for the requirement
will not permit a delay incident to competitive solicitation.
(3)
The federal grantor agency authorizes noncompetitive negotiation.
(4)
After solicitation of a number of sources, competition is determined
inadequate.
The cost plus a percentage of cost and percentage of construction
cost method of contracting shall not be used. The Borough of West
View shall perform cost or price analysis in connection with every
procurement action, including contract modifications. Costs or prices
based on estimated costs for contracts under grants shall be allowed
only to the extent that costs incurred or cost estimates included
in negotiated prices are consistent with federal cost principles.
The Borough of West View shall maintain records sufficient to
detail the significant history of a procurement. These records shall
include information pertinent to the following: rationale for the
method of procurement, selection of contract type, contractor selection
or rejection and the basis for the cost or price.
In addition to provisions defining a sound and complete procurement
contract, the Borough shall include the following contract provisions
or conditions in all procurement contracts and subcontracts as required
by the provision, federal law or the grantor agency:
A.
Contracts, other than small purchases, shall contain provisions or
conditions which will allow for administrative, contractual or legal
remedies in instances where contractors violate or breach contract
terms and provide for such sanctions and penalties as may be appropriate.
B.
All contracts in excess of $2,500 shall contain suitable provisions
for termination by the Borough, including the manner by which it will
be effected and the basis for settlement. In addition, such contracts
shall describe conditions under which the contract may be terminated
because of circumstances beyond the control of the contractor.
C.
All contracts awarded in excess of $2,500 by the Borough and its
contractors or subgrantees shall contain a provision requiring compliance
with Executive Order 11246, entitled "Equal Employment Opportunity,"
as amended by Executive Order 11375, and as supplemented in the Department
of Labor regulations (41 CFR 60).
D.
All contracts and subgrants for construction or repair shall include
a provision for compliance with the Copeland Anti-Kickback Act (18
U.S.C. § 874), as supplemented in the Department of Labor
regulations (29 CFR 3). This Act provides that each contractor or
subgrantee shall be prohibited from inducing, by any means, any person
employed in the construction, completion or repair of public work
to give up any part of the compensation to which it is otherwise entitled.
The Borough shall report all suspected or reported violations to the
grantor agency.
E.
When required by the federal grant program legislation, all construction
contracts in excess of $2,000 awarded by the Borough and subgrantees
shall include a provision for compliance with the Davis-Bacon Act
(40 U.S.C. § 276a to 276a-7), as supplemented by the Department
of Labor regulations (29 CFR 5). Under this Act, contractors shall
be required to pay wages to laborers and mechanics at a rate not less
than the minimum wages specified in a wage determination made by the
Secretary of Labor. In addition, contractors shall be required to
pay wages not less often than once a week. The Borough shall place
a copy of the current prevailing wage determination issued by the
Department of Labor in each solicitation, and the award of a contract
shall be conditioned upon the acceptance of the wage determination.
The Borough shall report all suspected or reported violations to the
grantor agency.
F.
Where applicable, all contracts awarded by the Borough and subgrantees
in excess of $2,000 for construction contracts and in excess of $2,500
for other contracts which involve the employment of mechanics or laborers
shall include a provision for compliance with Sections 103 and 107
of the Contract Work Hours and Safety Standards Act (40 U.S.C. § 327-330),
as supplemented by the Department of Labor regulations (29 CFR 5).
Under Section 103 of the Act, each contractor shall be required to
compute the wages of every mechanic and laborer on the basis of a
standard workday of eight hours and a standard workweek of 40 hours.
Work in excess of the standard workday or workweek is permissible,
provided that the worker is compensated at a rate of not less than
1 1/2 times the basic rate of pay for all hours worked in excess
of eight hours in any calendar day or 40 hours in the workweek. Section
107 of the Act is applicable to construction work and provides that
no laborer or mechanic shall be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous
to his health and safety as determined under construction, safety
and health standards promulgated by the Secretary of Labor. These
requirements do not apply to the purchases of supplies or materials
or articles ordinarily available on the open market or contracts for
transportation or transmission of intelligence.
G.
The contract shall include notice of grantor agency requirements
and regulations pertaining to reporting and patent rights under contracts
involving research, developmental, experimental or demonstration work
with respect to any discovery or invention which arises or is developed
in the course of or under such contract and of grantor agency requirements
and regulations pertaining to copyrights and rights in data.
H.
All negotiated contracts, except those awarded by small purchases
procedures, awarded by the Borough shall include a provision to the
effect that the Borough, the federal grantor agency, the Comptroller
General of the United States or any of their duly authorized representatives
shall have access to any books, documents, papers and records of the
contractor which are directly pertinent to that specific contract
for the purpose of making audit, examination, excerpts and transcriptions.
Grantees shall require contractors to maintain all required records
for three years after the Borough makes final payments and all other
pending matters are closed.
I.
Contracts, subcontracts and subgrants of amounts in excess of $100,000
shall contain a provision which requires compliance with all applicable
standards, orders or requirements issued under Section 306 of the
Clear Air Act [42 U.S.C. § 1857(h)], Section 208 of the
Clean Water Act (33 U.S.C. § 1368), Executive Order 11738
and Environmental Protection Agency regulations (40 CFR 15), which
prohibit the use under nonexempt federal contracts, grants or loans
of facilities included on the Environmental Protection Agency List
of Violating Facilities. The provision shall require the reporting
of violations to the grantor agency and to the United States Environmental
Protection Agency Assistant Administrator for Enforcement (EN-329).
J.
Contracts shall recognize mandatory standards and policies relating
to energy efficiency which are contained in the state energy conservation
plan issued in compliance with the Energy Policy and Conservation
Act (P.L. 94-163).
The Borough shall maintain a contract administration system
ensuring that contractors perform in accordance with terms, conditions
and specifications of their contracts or purchase orders.
The Town Council of the Borough of West View hereby authorizes
the Administrator for the Town Council of the Borough of West View
and its Urban Development Action Grant to take any and all steps necessary
in order to expedite the processing of the necessary orders and contracts
in order to fulfill the terms of the Urban Development Action Grant.
