A.
All contracts in excess of $1,500, except those hereinafter
mentioned, shall be entered into only with the party submitting the
lowest responsible bid after competitive bidding. In awarding bids,
Council may take into consideration such other factors as the availability,
cost and quality of service. Council may, by ordinance, increase the
limit of $1,500 to the extent of the maximum permitted to any non-charter
municipality in the Commonwealth of Pennsylvania.[1]
B.
Prior to approval of any expenditure over $100, Council
shall make available a list indicating the item purchased, the name
of the vendor, and the amount to be paid.
Council shall establish comprehensive competitive
bidding procedures as a part of the Administrative Code, including
but not limited to requirements for advertisement for bids, bid deposits,
bid conditions, withdrawals, waivers, exceptions, and time limits.
A.
Competitive bidding shall not be required under this
Charter for:
(1)
Labor or services rendered by any official or employee
of the Municipality.
(2)
Contracts where the purchase sought is available from
only one vendor.
(3)
Contracts involving the acquisition or use of real
property.
(4)
Contracts for professional or personal services.
(5)
Contracts for insurance or surety company bonds.
(6)
Contracts necessitated by an emergency.
(7)
Contracts with other governmental entities, authorities,
agencies or political subdivisions.
(8)
Contracts negotiated under comprehensive bidding procedures
by a joint municipal purchasing group of which the Municipality is
a member.
B.
In all cases where Council enters into a contract
without competitive bidding, the ordinance, resolution or motion authorizing
the contract shall contain a statement specifying the factual basis
for invoking one of the exceptions set forth in this section.
Council shall not evade the provisions of § C-120 herein by purchasing or contracting piecemeal for the purpose of obtaining prices under those requiring competitive bidding upon transactions which should, in the exercise of reasonable discretion and prudence, be conducted as one transaction requiring competitive bidding.
All bids submitted to the Municipality, when
such bids are over the specified $1,500, shall be accompanied by a
bid deposit in the amount of 25% of the bid price quoted.
When competitive bidding is required, the successful
bidder shall be required to furnish a bond in 100% of the contract
price, guaranteeing the work to be completed, and/or the equipment
supplied under such awarded contract. In those cases where it is shown
that such a performance bond is not commonly available, Council may
waive this requirement. The Municipality shall comply with the Public
Works Contractors' Bond Law of 1967.[1]
[1]
Editor's Note: See 8 P.S. § 191
et seq.
When competitive bidding is required, a maintenance
bond shall be submitted to the Municipality naming the Municipality
as obligee in 100% of the contract price or such other amount as deemed
adequate by Council to insure maintenance of all improvements, work
and materials for a period of at least 24 months or such other extended
period of time as deemed necessary by Council. In those cases where
it is shown that such a maintenance bond is not commonly available,
Council may waive this requirement.
All bonds shall be issued by a bonding company
that is licensed to do business in the Commonwealth of Pennsylvania.
