[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:
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.
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.
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.
The Administrator 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.
Editor's Note: The name of Harry H. Gruener, which originally appeared here, was deleted at time of publication.
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.
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.
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:
Including qualified small and minority businesses on solicitation lists.
Assuring that small and minority businesses are solicited whenever they are potential sources.
When economically feasible, dividing total requirements into small tasks or quantities so as to permit maximum small and minority business participation.
When the requirement permits, establishing delivery schedules which will encourage participation by small and minority businesses.
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.
The Borough shall take steps, as outlined in Subsection A above, in support of women's business enterprise.
Where possible, the Borough shall procure goods and services from labor surplus areas.
The Borough shall also recognize local businesses in need of support for projects.
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.
In order to assure Subsection A above, the Borough shall:
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.
Clearly set forth all requirements which offerors must fulfill and all other factors to be used in evaluating bids and proposals.
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.
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.
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.
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:
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.
The request for proposal shall identify all significant evaluation factors and their relative importance.
The grantee shall provide mechanisms for technical evaluation of the proposals for the determination of responsible offerors and selection for contract award.
Award may be made to the responsible offeror whose proposal will be most advantageous to the grantee. Unsuccessful offerors will be notified promptly.
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.
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:
The item is available only from a single source.
Public exigency or emergency when the urgency for the requirement will not permit a delay incident to competitive solicitation.
The federal grantor agency authorizes noncompetitive negotiation.
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:
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.
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.
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).
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.
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.
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.
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.
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.
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).
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.