The words and phrases appearing below, when
used in this Part 11, shall have the meaning assigned to them below,
but only for the purposes of this Part 11, unless the context clearly
indicates otherwise.
CONTRACT DOCUMENTS
All documents created specifically for the particular Township
contract under consideration, but shall not include standards, publications,
reference works, specifications, codes or other similar publications
which were or are prepared for general use or reference in the trade
or industry, independent of the Township contract. Contract documents
shall include, but not be limited to, the drawings, plans, specifications,
general conditions of the contract, supplementary conditions, special
conditions, instructions to bidders, invitation to bid, bid bonds,
performance and payment bonds, maintenance bonds, insurance certificates,
requests for bids, requests for proposals, proposals or bids by contractors,
contractors' prequalification documents and all other documents prepared
for, used with, resulting from or otherwise associated with a Township
contract.
TOWNSHIP CONTRACTS
All bids, contracts, purchases and other procurements by
the Township of Whitehall for supplies, materials, labor, services,
equipments, franchises, insurance, transportation, conveyance or lease
of real estate, utilities or other valuable consideration, whether
to be furnished to or for the Township or to be provided from or by
the Township.
All Township contracts shall comply with this
Part 11, except as provided by other applicable laws.
All Township contracts shall be awarded only
after and on the basis of the advertisement and competitive bidding
procedures hereinafter specified, unless excluded by this Part 11
or other applicable laws.
The following types of Township contracts are
generally excluded from the application of the advertising and competitive
bidding procedures and provisions of this Part 11, but are subject
to all of the other provisions of this Part 11:
A. Home Rule Charter. Those types of contracts listed in §
12.04 of the Whitehall Township Home Rule Charter, as amended from time to time, are excluded from competitive bidding, as follows:
(1) Labor or services rendered by any Township officer
or employee.
(2) Labor, material, supplies or services furnished by
one Township department to another Township department.
(3) Contracts where particular types, models or pieces
of new equipment, articles, apparatus, appliances, vehicles or parts
thereof are desired which are patented and available from only one
source.
(4) Contracts for labor, materials, supplies or services
not requiring competitive bids pursuant to the terms of § 1802
of the First Class Township Code of the Commonwealth of Pennsylvania
(53 P.S. § 56802), as amended from time to time.
(5) Contracts relating to the acquisition or use of real
property.
(6) Contracts relating to the sale of real or personal
property for value less than an amount to be established by the Board
of Commissioners.
(7) Contracts for professional or unique services.
(8) Contracts for emergency repair of public works of
the Township.
(9) Contracts with other governmental entities, authorities,
agencies or political subdivisions.
B. First Class Township Code. Those types of contracts
excluded from advertising and competitive bidding procedures by § 1802
of the First Class Township Code of the Commonwealth of Pennsylvania
(53 P.S. § 56802), as amended from time to time, as follows:
(1) Those for maintenance, repairs or replacements for
water, electric light or public works of the Township, provided they
do not constitute new additions, extension or enlargements of existing
facilities and equipment but a bond may be required by the Commissioners
as in other cases of work done.
(2) Those made for improvements, repairs and maintenance
of any kind made or provided by any Township through its own employees;
provided, however, that all materials used for street improvement,
maintenance and/or construction in excess of the same dollar amount
limit ($10,000) as contained in § 1802 of the First Class
Township Code of the Commonwealth of Pennsylvania (53 P.S. § 56802),
as amended from time to time, be subject to the advertising and competitive
bidding requirements contained herein.
(3) Those where particular types, models or pieces of
new equipment, articles, apparatus, appliances, vehicles or parts
thereof are desired by the Commissioners which are patented and manufactured
products.
(4) Those involving any policies of insurance or surety
company bonds, those made for public utility service under tariffs
on file with the Pennsylvania Public Utility Commission, those made
with another political subdivision or a county, the Commonwealth of
Pennsylvania, the federal government, any agency of the Commonwealth
or the federal government or any municipal authority, including the
sale, leasing or loan of any supplies or materials by the Commonwealth
or federal government or their agencies. But the price thereof shall
not be in excess of that fixed by the Commonwealth, the federal government
or their agencies.
(5) Those involving personal or professional services.
[Amended 11-13-2023 by Ord. No. 3327]
A. Township contracts for amounts less than the statutory limit for competitive bidding ($18,500), as set forth in § 1802(a) of the First Class Township Code of the Commonwealth of Pennsylvania [53 P.S. § 56802(a)], as amended from time to time, are generally excluded from the application of the advertising and competitive bidding provisions of this Part
11, but are subject to the requirements of Subsection
B of this section, §§
1-260 and
1-261 and all of the other provisions of this Part
11.
B. Township contracts for amounts less than the statutory limit for competitive bidding ($18,500), as set forth in § 1802(a) of the First Class Township Code [53 P.S. § 56802(a)], as amended from time to time, but for amounts greater than the statutory limit for either written or telephonic price quotations ($10,000), as set forth in § 1802(A.1) of the First Class Township Code of the Commonwealth of Pennsylvania [53 P.S. § 56802(A.1)], as amended from time to time, shall be obtained in accordance with the requirements of said § 1802(A.1) of the First Class Township Code [53 P.S. § 56802(A.1)], as amended from time to time, as stated in §
1-261, "Written and telephonic price quotations per First Class Township Code," of this Part
11, unless excluded or provided otherwise in this Part
11.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
Advertisement and competitive bidding procedures
and other contract requirements or provision may be utilized or required
for any Township contract, even though not otherwise required by this
Part 11, when directed or designated by either the Board of Commissioners
or the Mayor, in their respective discretion.
[Amended 6-8-2009 by Ord. No. 2776, approved 11-3-2009]
A. In the absence of direction from the Board of Commissioners
regarding the application of any discretionary provision of this Part
11 to any Township contract, the decision of the Mayor shall control
and govern the procurements and award of that particular Township
contract.
B. When the Board of Commissioners provides explicit
direction, or in the event of a conflict between an explicit direction
of the Board of Commissioners and the Mayor regarding application
of any discretionary provision of this Part 11 to any Township contract,
the direction of the Board of Commissioners shall be controlling and
shall govern.