A.
Function.
(1)
The Central Purchasing Department shall act as the
contracting officer for the County in the procurement of all supplies
and services required for County operations.
(2)
No County officer or department head shall order the purchase of any goods or supplies or make any contract for any goods, supplies or services covered by this chapter other than through the Central Purchasing Department except as provided in Subsection A(3) below. Any purchase ordered or contract made contrary to the provisions herein shall not be approved by County Council and the County shall not be bound thereby.
(3)
A department head may order the purchase of goods
or supplies directly in the case of an impending or actual emergency
involving the cessation or breakdown of County operations which may
vitally affect the life, health or convenience of County residents
or employees, and which is unavoidable and not capable of anticipation.
Nevertheless, in such a case, the department head must first contact
the Director of Purchasing to obtain his consent to said purchase,
or the County shall not be bound thereby. After approving such action,
the Director of Central Purchasing shall issue a purchase order to
cover only that work authorized by his consent.
(4)
Notwithstanding the foregoing Subsection A(1) through (3), the County Executive Director, at the request of the Director of the Central Purchasing Department, may provide for the revocable delegation of any of the duties or responsibilities of the Central Purchasing Department or its Director under this Article V to a specified department or department head (except for those set forth in § 6-32C) as set forth in a written justification by the County Executive Director (filed with the County Clerk) finding that a) the specified department has the expertise, and sufficient procedures, to perform such delegated duties and responsibilities and b) the procurement of goods and services by the County will be improved thereby.
[Added 5-4-2022 by Ord. No. 2022-4]
B.
Department head. The Central Purchasing Department shall be headed by a Director who shall be responsible to the County Executive Director for the performance of the functions of the department and who shall be responsible for the performance of the general duties listed in Article III, § 6-15D, of this chapter.
C.
Duties. The Director of the Central Purchasing Department
shall be responsible for implementing the County Purchasing Program,
including:
(1)
Acting as contracting officer for the County in the
procurement of all goods, supplies and services required for County
government operations and in this capacity executing purchase orders
and contracts for goods and services less than $25,000;
[Amended 12-1-1992 by Ord. No. 92-5]
(2)
Procuring for the County the highest quality in supplies
and services at least expense to the County;
(3)
Discouraging uniform bidding and endeavoring to obtain
full and open competition to the extent possible on all purchases
and sales.
(4)
Preparing and adopting a standard purchasing nomenclature
for use by County departments, offices and agencies and suppliers;
(5)
Preparing, adopting and maintaining a vendors' catalog
file containing descriptions of vendors' commodities, prices and discounts;
(6)
Keeping informed of current developments in the field
of purchasing, prices, market conditions and new products;
(7)
Exploiting the possibilities of buying in bulk in
order to take full advantage of discounts, giving consideration to
the amount of inventory storage space available;
[Amended 8-12-1980 by Ord. No. 80-3]
(8)
Having the authority to declare vendors who default
on their quotations irresponsible bidders and to disqualify them from
receiving any business from the County for a stated period of time
not to exceed one year;
(9)
Cooperating with the Budget Management Department
and the Controller so as to secure maximum efficiency in budgeting
and accounting;
(10)
Determining causes for delays in payments, and remedying
them as required;
(11)
Insuring documentation of inspection by department
heads prior to acceptance of all deliveries of supplies or services
to determine their conformance to the contract;
A.
Classification. The Central Purchasing Department
shall classify all the supplies used by the various units of County
government.
B.
Standardization. The Central Purchasing Department
shall develop standards for the minimum number of qualities, sizes,
and varieties of supplies consistent with successful operation of
County government. To maximize cost efficiency, purchasing shall standardize
commonly used office supplies and shall buy in as large a quantity
as may be practicable given existing storage space.
[Amended 8-12-1980 by Ord. No. 80-3]
C.
Specifications. The Central Purchasing Department
will insure written specifications shall be generic, definite and
certain and shall permit competitive bidding except where inconsistent
with other provisions listed hereinafter.
D.
Consultation with department heads. The Central Purchasing
Department shall consult with each department, office and agency heads
to determine their precise requirements and shall endeavor to prescribe
purchasing standards which meet the needs of the majority of departments,
offices and agencies.
E.
Exceptions. The Central Purchasing Department, with
the approval of the County Executive Director, may exempt any County
department, office or agency from the use of standardized office supplies
and/or equipment for good cause shown.
A.
Filing of estimates of requirements. All County departments,
offices and agencies shall file with the Central Purchasing Department
detailed requisitions or estimates of their requirements in supplies
and contractual services in such manner, at such times, and for such
future periods as the Central Purchasing Department shall prescribe.
(1)
Unforeseen requirements. At any time a department,
office or agency may file with the Central Purchasing Department a
requisition or estimate for any supplies and contractual services,
the need for which was not foreseen when detailed estimates were filed,
and the Director of Purchasing shall determine the reasonableness
and necessity of said supplies and services.
(2)
Revisions to estimates. After examination of each
requisition or estimate Central Purchasing may revise it as to quantity,
quality, or estimate cost; but revisions as to quality shall be in
accordance with the standards and specifications established pursuant
to this chapter.
B.
Requisition processing. Central Purchasing shall review
and process all requisitions and shall place the orders resulting
therefrom when the Controller shall have certified there are sufficient
unencumbered funds available in the applicable account.
A.
Competitive bidding required. All purchases of, and
contracts for goods, supplies, and contractual services and all sales
of personal property, except as specifically provided below, shall
be based on competitive bids.
B.
Formal contract procedure.
(1)
Applicability.
(a)
All goods and contractual services involving goods shall be purchased by formal, written contract from the lowest responsible bidder, or in the case of sales, to the highest bidder, after due notice inviting proposals, with the exception of those goods or services expressly excluded under § 6-29 of this chapter.
|
[Commentary: This provision provides that bidding
procedures under this chapter must be followed for all purchases of
goods or services or equipment valued over $25,000 unless the services
are unique, professional, or necessary to remedy an emergency as further
defined under this article, and for sales of obsolete personal property
valued over $5,000.]
[Amended 12-1-1992 by Ord. No. 92-5] |
(b)
The total amount or price of awarded contracts
shall, in all cases, be the entire amount that the County shall pay
to the successful bidder or his assignee to procure required goods
or contractual services involving goods. The total amount or price
of said contracts shall not be construed to mean only the amount paid
to acquire or to receive any particular benefit or bargain, but in
all cases shall include any and all transportation or set-up charges
unless specifically excluded in the invitation to bid or where in
conflict with usage of trade as defined by the Uniform Commercial
Code.
C.
Invitation to bid.
(1)
Notice inviting bids.
(a)
All notices inviting bids shall be advertised
in one newspaper approved by the Delaware County Court of Common Pleas
Newspaper Examining Board as a newspaper of general circulation in
the County. Additionally, all notices inviting bids shall be posted
on the County website. The posting on the County website shall continue
until the date bids become due.
[Amended 6-12-2001 by Ord. No. 01-1; 12-10-2014 by Ord. No.
2014-4]
(b)
The newspaper notice required above shall include
a general description of the articles to be purchased or sold, shall
state where bid blanks and specifications may be obtained, and the
time and place for opening bids.
(c)
Notice of invitation to bid shall also be posted
prominently in the Courthouse.
(2)
Bidders list. The Central Purchasing Department shall
also solicit sealed bids from all responsible prospective suppliers
who have requested their names to be added to a bidders list, which
the Department shall maintain, by sending them a copy of such newspaper
notice or other such notice as will acquaint them with the proposed
purchase or sale. Invitations sent to vendors on the bidders list
shall be limited to cover commodities similar in character and ordinarily
handled by the trade group to which the invitations are sent.
(3)
Bid blanks. The bid blanks to be used in publicly
soliciting bids shall be a standard invitation to bid (ITB) which
shall specify and describe goods, supplies and contractual services
required, quantities, specifications, delivery requirements, and all
applicable terms and conditions.
(4)
Bid opening. Bid opening shall not take place less
than five days after the date of the last advertisement.
D.
Bid deposits.
(1)
All bids when submitted must be accompanied by cash,
certified good-faith check, corporate bid bond, bank check, cashier's
check, or treasurer's check in the amount of 10% of the bid. The instrument
shall be drawn to the order of the County of Delaware and no other
instrument shall be accepted. Failure to post a bid bond in accordance
with the provisions of this subsection shall automatically disqualify
a bidder.
[Amended 8-12-1980 by Ord. No. 80-3; 12-1-1992 by Ord. No.
92-5]
(2)
In the case of a successful bidder, said check or
the proceeds thereof shall be retained until the successful bidder
has obtained a performance bond. In the event the successful bidder
fails to execute a contract or fails to obtain a performance bond
as set forth in the ITB within 20 days of receiving notice of contract
award, he shall forfeit the bid deposit and the contract shall be
awarded to the next lowest responsible bidder.
(3)
Unsuccessful bidders shall be entitled to return of
their bond within 23 days of the awarding of the contract.
E.
Bid opening procedure.
(1)
Sealed bids. All bids shall be received in the office
of Central Purchasing and the time and date received shall be stamped
thereon by that Department. Bids shall be submitted in sealed envelopes
on or before the date and time stated in said proposal. Any bid received
after that date and time shall not be opened but shall be returned
to the bidder.
[Amended 8-12-1980 by Ord. No. 80-3]
(2)
Opening.
[Amended 2-10-1998 by Ord. No. 98-1]
(a)
All bids shall be held secure and unopened until
opened by the County Clerk (or his/her designee) in the presence of
the County Solicitor (or his/her designee) and the Director of Central
Purchasing (or his/her designee) who collectively shall constitute
the Bid Opening Board, at the time and place specified in the ITB,
which need not be a meeting of County Council, and read aloud.
(b)
If the public meeting stated in the ITB is cancelled
for any reason, the bid submission deadline will remain as listed
in the ITB, but the bids shall be opened at the next public meeting
of the Bid Opening Board. The Director of Central Purchasing will
keep all bids secured until the time for opening.
(c)
If cause arises to defer a bid opening, the
responsible department head must make the request and state the reason
to the Bid Opening Board. If approved by the Bid Opening Board, proper
notice of postponement must be given to all bidders in a timely manner.
In the case of bids where a fee is required, all bidders of record
must be notified in writing. On all other cases of postponement, public
notice by newspaper advertisement must follow.
(3)
Tabulation. All bids received shall be made available
for public inspection and tabulated by the Purchasing Department and
department head affected.
(4)
Award of contract.
(a)
County Council shall have the authority to award
contracts.
(b)
The award of contract shall only be made at
a meeting of County Council at which bids are opened or at a subsequent
scheduled public meeting, the time and place of which shall be publicly
announced or posted. This procedure shall be followed, for no more
than three subsequent postponements, at which time County Council
shall make an award or reject all bids.
(5)
Rejection of bids. County Council shall have the authority
to reject all bids, parts of bids, or all bids of any one or more
goods, supplies, or contractual services included in the proposed
contract when it deems it to be in the County's best interest.
F.
Lowest responsible bidder.
(1)
Pre-award evaluation. A pre-award evaluation of bidders
shall be conducted by the Central Purchasing Department.
[Amended 8-12-1980 by Ord. No. 80-3]
(2)
Lowest responsible bidder. Contracts shall be awarded
to the lowest responsible bidder. In determining lowest responsible
bidder, in addition to price, the Central Purchasing Department in
its pre-award evaluation shall, in consultation with the affected
department head, ascertain and consider:
(a)
The expertise of the bidder to perform the contract
or provide the service required;
(b)
Whether the bidder can perform the contract
or provide the service promptly, or within the time specified and
with adequate supervisory personnel;
(c)
The character, integrity, reputation and judgement
of the bidder;
(d)
The quality of performance on previous contracts
and services;
(e)
The previous and existing compliance by the
bidder with laws and ordinances relating to the contract or service;
(f)
The sufficiency of the financial resources of
the bidder to perform the contract or provide the service;
(g)
The ready availability of supplies necessary
to discharge performance in a prompt and workmanlike manner;
(h)
The ability of the bidder to provide future
maintenance and service for the use of the subject of the contract;
(i)
The number and scope of conditions attached
to the bid;
(j)
The applicability of § 6-28I(1), Local vendors, as amended by this chapter.
[Added 8-12-1980 by Ord. No. 80-3]
(k)
Such other factors as set forth in a written policy adopted
by County Council and approved by the Solicitor.
[Added 5-4-2022 by Ord. No. 2022-4]
(3)
Automatic rejection. The following factors will automatically
disqualify a low bidder:
G.
Award to other than low bidder. When an award is not
given to the lowest bidder, a full and complete statement of the reasons
for placing the order elsewhere shall be prepared and kept by Central
Purchasing with all other documents relating to the transaction.
[Amended 8-12-1980 by Ord. No. 80-3]
H.
Total cost purchasing. Except as may otherwise be
provided by statute, the Charter or ordinance, contracts in excess
of $25,000 composed of items on which bids have been individually
received may be awarded to bidders whose total cost of all items is
lowest, notwithstanding those bids on individual items submitted by
other bidders may have been lower than the bid(s) of the bidder whose
total cost is lowest, when deemed by County Council to be in the best
interest of the County.
[Amended 12-1-1992 by Ord. No. 92-5]
I.
Tie bids and local bidder preference.
[Amended 8-12-1980 by Ord. No. 80-3]
(1)
Local vendors. If all bids received are for the same
total amount or unit price, quality and/or service being equal, the
contract shall be awarded to the bidder whose principal place of business
is located within the County.
[Amended 8-12-1980 by Ord. No. 80-3; 1-13-1981 by Ord. No.
81-2]
J.
Performance bonds.
[Amended 8-12-1980 by Ord. No. 80-3; 12-23-1980 by Ord. No.
80-5]
(1)
Contracts for one year or less. Except for bids of
less than $50,000 on items under express, ninety-day written manufacturer's
warranties or supplier's warranty in a form satisfactory to the Central
Purchasing Department, the successful bidder shall be required to
enter into a contract and furnish a bond guaranteeing performance
of the contract with sufficient surety in the amount of 100% of the
bid where the length or term of the contract awarded is one year or
less.
(2)
Multiple-year contracts.
(a)
Should a contract be awarded covering a period of time greater than one year, Council may, in its discretion, direct that the successful bidder shall be required to furnish a bond as specified in Subsection J(1) guaranteeing the contractor's performance for only the first year of the contract in an amount to be computed by dividing the total contract price by the number of years the contract is to run. In that event, Council shall require that the contractor furnish a bond for each succeeding year of the contract at least 60 days prior to the expiration of the then current contract year. Should single year bonds as herein described be permitted, then the amount of the bond for the subsequent years shall be determined by subtracting from the total contract price the amounts already paid under the contract in previous year(s) and dividing this by the number of years remaining on the contract; however, an additional 10% shall be added to the amount of the bond for each year after the first year.
(b)
Where the total amount of the contract price
in a multiple year contract cannot be determined with exactness because
of varying factors that affect the contract price, then the Council
may authorize a varying of the aforesaid method of arriving at the
amount of each yearly bond.
(c)
Where Council decides to permit yearly bonds
in a multiple-year contract pursuant to this subsection notice of
such decision shall be made part of the bid documents.
(3)
Alternate forms of security. In addition to the traditionally
utilized corporate performance bond, the successful bidder may submit
cash or irrevocable letters of credit in satisfaction of the obligation
to provide a performance bond. Council may also, at its option exercised
by a vote at a public meeting, provide for exemption from the requirement
of a performance bond where items are covered by a manufacturer's
warranty of a reasonable period of time.
[Amended 12-1-1992 by Ord. No. 92-5]
K.
Prohibitions.
(1)
Waiver. No provisions of this section relating to
procedures for competitive bidding shall be waived or suspended except
as specifically provided for in this chapter.
(2)
Subdivision. No contract or purchase shall be subdivided
to avoid the requirements of this section.
(3)
Requirements contracts not to exceed budget line item.
No invitation to bid shall be advertised nor a contract awarded where
the contract is of the requirements type and the estimated maximum
amount of the contract exceeds the current budget's line-item amount,
except where the contract overlaps more than one budget year.
L.
Error in bidding. In cases where a bidder makes errors
in submitting bids, if the error is found in extending unit prices,
County Council may allow said bidder to correct such error by awarding
the bid at the unit price bid.
M.
Electronic bidding. The County may comply with the applicable requirements of this § 6-28 through the use of an electronic bidding system which is compliant with 62 Pa.C.S.A. § 4603 (or any successor provision of law), provided that the advertising provisions of Subsection C(1) shall continue to apply (with reference permitted to information available on the electronic bidding system). The County may also use such an electronic bidding system to solicit prices or proposals for any contract or procurement which is exempted from the provisions of this § 6-28, including, but not limited to, those described in § 6-29A.
[Added 9-1-2021 by Ord.
No. 2021-8]
A.
Open market procedure and petty cash exception.
[Amended 8-12-1980 by Ord. No. 80-3]
(1)
Applicability.
[Amended 12-1-1992 by Ord. No. 92-5]
(a)
All purchases of goods, supplies, and contractual services valued under $25,000 and all sales of personal property which have become obsolete or unusable with estimated value under $5,000 shall be made in the open market without newspaper advertisement and without observing other bidding procedures as set forth in § 6-28.
(b)
The bidding and open market procedures shall
not apply to the purchases of goods whose estimated value is less
than $1,000. The Central Purchasing Department shall keep a running
account of all such expenditures which shall be open to public inspection.
(c)
The bidding and open market procedure shall
not apply to the purchase of services, repairs, and routine maintenance
whose estimated value is less than $2,000, such as inspection or repair
of roofing, electrical equipment, heating, air-conditioning controls
or refrigeration controls or inspection of firesafety equipment.
(2)
Minimum number of solicited prices.
[Amended 12-1-1992 by Ord. No. 92-5]
(a)
All purchases between $1,000 and $10,000 shall, so far as feasible and practical, be based on three telephonically solicited prices and shall be awarded to the lowest responsible vendor in accordance with the standards set forth in § 6-28F(2) of this article, except however, the provision of § 6-28F(2)(j) thereof shall not be applicable.
(b)
All purchases in excess of $10,000 and less than $25,000 shall, so far as feasible and practical, be based on five written or telefaxed solicited proposals, and price quotes submitted in response to such proposals must be returned to Central Purchasing in sealed envelopes within the allotted time frame. The sealed quotes will be opened by the Director of Central Purchasing at the time and place designated at the time of solicitation. Awards shall be to the lowest responsible vendor in accordance with the standards set forth in § 6-28F(2) of this article, except, however, the provision of § 6-28F(2)(j) thereof shall not be applicable.[1]
[1]
Editor's Note: Original Sec. 4.05.01.03, Notice
inviting bids, which immediately followed this subsection, was repealed
by Ord. No. 92-5.
(3)
Record of order and bids. The Central Purchasing Department
shall keep a record of all open market orders and prices obtained
and such records shall be open to public inspection.
B.
Unusual services or goods.
[Amended 8-12-1980 by Ord. No. 80-3]
(1)
Applicability. In all cases involving unusual contractual services or goods and supplies, or the sale of items of personal property and/or removable fixtures, the purchase of items which are unique or sole source items, or where it is necessary to shorten the time period within which items must be purchased, and where competitive bidding procedures as conducted pursuant to § 6-28 are accordingly deemed by the Central Purchasing Department, on the advice of the Executive Director and County Solicitor, to produce prospective contract terms not in the best interests of the County, the Central Purchasing Department may enter directly into negotiations with prospective suppliers or contractors, but no such contract may be executed without approval of Council based on the affirmative recommendation of the Executive Director and the County Solicitor. Where items of personal property and/or removable fixtures are to be sold, Council in an attempt to obtain the highest price for such item or items may authorize the sale of such items by auction or through the services of a reputable and experienced broker.
[Amended 1-13-1981 by Ord. No. 81-2; 12-1-1992 by Ord. No.
92-5]
(2)
Minimum number of contractors. Negotiations should
be attempted with more than one supplier, if feasible.
(3)
Recommendations of award. When the Central Purchasing
Department has arrived at negotiated terms deemed to be in the best
interests of the County, recommendations for award shall be presented
to County Council for its consideration.
C.
Professional or unique services; software.
[Amended 8-15-1995 by Ord. No. 95-2; 5-4-2022 by Ord. No. 2022-4]
(1)
Applicability. Professional and other contractual services which are in their nature unique, such as the services of architects, planners, physicians, engineers, financial consultants and attorneys, and the purchase or licensing of software, shall be exempt from competitive bidding procedures as set forth in § 6-28 of this chapter.[2]
[2]
Editor's Note: Original Sec. 4.05.03.02, Record,
which immediately followed this section, was repealed 12-1-1992 by
Ord. No. 92-5.
(2)
Any contract for the provision of design or construction management services in connection with the construction, alteration, renovation, or repair of any public building shall be deemed a contract for professional services which are in their nature unique within the meaning of the exemption for professional and unique services set forth in § 6-29C(1). Any contract for the provision of guard, food, medical, or administrative services in connection with the operation of the Delaware County Prison, whether alone or in conjunction with the provision of any other goods or services in connection with the functioning of the prison, shall in its entirety be deemed a contract for professional services which are in their nature unique within the meaning of the exemption for professional and unique services set forth in § 6-29C(1).
D.
Emergency purchases.
(1)
Applicability. In the case of an impending or actual emergency involving the cessation or breakdown of County operations which may vitally affect the life, health or convenience of County residents, and which is unavoidable and beyond the control of County officials, County Council shall be empowered to authorize the Central Purchasing Department in consultation with the affected department head to purchase directly any supplies or contractual services sufficient to prevent an impending emergency or to eliminate an actual emergency condition without following bidding procedures set forth in § 6-28C of this chapter.
(2)
Recorded explanation. A full report of the circumstances
of the emergency purchase shall be presented to County Council by
the affected department head and shall be open to public inspection.
E.
Specific exceptions to competitive bidding; types
of purchases. The following types of purchases, whether less than
or greater than $25,000, shall be excepted from competitive bidding
procedures:
[Amended 8-12-1980 by Ord. No. 80-3; 2-22-1983 by Ord. No.
83-3; 2-26-1985 by Ord. No. 85-3; 12-1-1992 by Ord. No. 92-5]
(1)
Purchases of items that are patented and manufactured
or copyrighted;
(2)
Purchase policies of insurance or surety company bonds;
(3)
Purchase of public utility service under tariffs on
file with the Pennsylvania Public Utility Commission;
(4)
Contracts with another unit of government or government
agency or authority;
(5)
Purchase of items covered under certain state contracts;
(6)
Acquisition of labor, material supplies or professional
services furnished by one unit of County government to another.
(7)
Purchase of goods subject to governmental price regulation;
(8)
All food items which are required for the daily operation of the various County institutions or departments; however, notwithstanding any other provision of Subsection E, the purchase of food items pursuant to this subsection shall be subject to the open market provisions of the Administrative Code;
(9)
Purchase of facilities and/or services in connection
with the disposal of solid waste generated within the County of Delaware,
and in connection therewith the County Council shall have the right
to solicit proposals from entities in order to obtain terms and conditions
which are the most favorable and in the best interest of the County,
including the right to negotiate exclusively with that entity whose
proposal, in the opinion of the Council, would be the most feasible
and in the best interest of the County to accept, and the County Council
shall have the right to enter into a long-term contract with said
entity to provide such facilities and/or services to the County, said
initial term not to exceed 25 years;
(10)
Purchase of items or services covered under state
or federal contracts commonly knows as "piggy-back" contracts;
(11)
All medical/surgical supplies and drugs which are required for the daily operation of the various County institutions or departments; and notwithstanding any other provisions of Article V of the Administrative Code to the contrary, the Director of Purchasing is authorized to purchase such medical/surgical supplies and drugs from professional buying groups when it is in the best interest of the County to do so.
[Added 11-9-1993 by Ord. No. 93-5]
The Director of Purchasing shall request a prompt certification of inspection as required of any department head under § 6-15D(14) or architects or other parties to whom the inspection duties have been delegated by contract for all goods contracted for by the County and shall review said certifications prior to acceptance of any goods.
The Purchasing Department shall have the authority
to join with other units of government in cooperative purchasing plans
when the best interests of government would be served thereby. The
Purchasing Department shall also be empowered to develop cooperative
purchasing plans with municipalities and school districts for their
mutual benefit.
A.
The execution of contracts for goods or services for
$25,000 and more shall require the signature of the Council Chairman
after the awarding of the contract by a majority vote of Council in
a duly constituted meeting and the attention thereof by the County
Clerk.
[Amended 12-1-1992 by Ord. No. 92-5]
C.
The Director of Purchasing shall be authorized to
execute those contracts and purchase orders for goods and services
less than $25,000 subject to the Controller's certification that there
are sufficient unencumbered funds in the applicable account.
[Amended 12-1-1992 by Ord. No. 92-5]
