[Ord. 431, 8/20/2008]
1. 
Purpose. The purpose of this Part 1D shall be to establish procedures for the purchase of products, goods and services. Procedures shall include negotiated contracts, competitive bidding, electronic bidding and auction, and safeguards against special interests.
2. 
The purchasing procedures set forth herein are intended to achieve the following objectives:
A. 
Procurement of the highest quality in supplies, materials, equipment and contractual services meeting specifications at the least expense to the Township.
B. 
Encouragement of open, competitive pricing.
C. 
Encouragement of savings or cost avoidance through bulk or quantity purchasing.
D. 
Maintenance of lists of vendors and contractors.
E. 
Assurance of vendor and contractor compliance with municipal specifications and contract terms and provisions.
F. 
Administration of a system of stocking or warehousing of materials and supplies for day-to-day use.
G. 
Encouragement of the purchase of goods made in the Township, Pennsylvania, or the United States of America.
[Ord. 431, 8/20/2008]
Except as indicated in §§ 1-141F, 1-142 and 1-143 of this Part 1D, competitive bidding shall be required on all contracts for equipment, services and construction with an estimated value in excess of the higher of $25,000, or the threshold amount in effect at any given time pursuant to the Second Class Township Code. The following provisions shall apply to competitive bidding:
A. 
Notice to Prospective Bidders. Notice of the desire of the Township to receive bids from contractors or vendors shall be given as follows:
(1) 
The Manager may post the advertisement in a conspicuous place within the municipal offices.
(2) 
By advertisement at least two times, on separate days, in at least one newspaper of general circulation in the Township. The first advertisement shall be published not more than 45 days and the second advertisement not less than 10 days prior to the date for the opening of bids, provided that a period of less than 10 days may be approved by the Board of Supervisors where an expedited process is believed to be beneficial to the Township. This advertisement shall include a general description of the supplies, materials, equipment and contractual services to be purchased, a statement as to where bid forms, specifications and other information may be secured and the time and place for the opening of bids.
(a) 
Where the Board of Supervisors determines that advertising via the Township website will attract a reasonable number of competitive bidders, advertising may be done via posting an advertisement on the Township website in lieu of newspaper advertising. In such case, the same requirements regarding content and timing of the advertisement shall apply as are set forth in § 1-141A above. Such website shall be generally operational and accessible to the public and all potential interested bidders during the time from the first posting until the deadline for submission of bids.
(3) 
At the discretion of the Manager, additional notice may be given in any publication or journal devoted to the dissemination of information about construction, materials and supplies.
(4) 
The Manager may also solicit bids from prospective bidders by mailing, delivering or electronically transmitting copies of the specifications and forms and/or any other information which will acquaint them with the proposed purchase or contract. The Manager may also solicit bids by posting the advertisement on the Township website.
B. 
Specifications for Bidders. When bids are sought for the erection, construction or alteration of any public building or facility, the Manager may, upon approval of the Board of Supervisors, have separate specifications prepared for any one or more of the phases, parts, sections or internal or external systems of the work; and when this is done, separate bids may be required for each of those parts of the work. The contract may be awarded to the lowest responsible bidder for each of those branches or parts or on the basis of the lowest total price.
C. 
Bid Security. When it shall be deemed necessary by the Board of Supervisors to protect the interests of the Township, bid security shall be required in an amount to be determined upon recommendation of the Manager. The amount of security required shall be set forth in the bid specifications. Bid security may be in the form of a certified check, cashier's check or bid bond. If a bid bond is submitted, it must be in a form approved by the Manager.
D. 
Submission, Acceptance and Opening of Bids.
(1) 
Physically submitted bids shall be sealed, shall be identified as bids on the envelope, shall be submitted at the place of opening no later than the time stated in the public notice inviting bids, and shall be opened by the Manager or his or her designee in public at the time and place stated in the public notice. Bids received after the stated time shall not be accepted.
(2) 
In certain instances when specified in the invitation to bid, the Township will permit the electronic submission of bids. The Township will maintain the confidentiality of these bids until the date and time of the bid opening. All bids submitted electronically must be received by the Township by the date and time and at the e-mail address specified in the public notice. Electronic bids received after the stated time shall not be accepted.
E. 
Award of Contracts. Contract awards by the Board of Supervisors shall be made at an advertised public meeting. The following shall apply to the Board of Supervisors' awards:
(1) 
Awards shall normally be made to the lowest responsible and responsive bidder. However, the Board of Supervisors, upon recommendation of the Manager, shall have the right to take into consideration such other factors as delivery date, quality of service, length of warranty, etc., in determining what bid is the least expensive.
(2) 
The Board of Supervisors shall have the authority to waive minor irregularities.
(3) 
The Board of Supervisors shall have the authority to accept or reject any and/or all bids or to hold all bids for 60 days or until the next regular Board of Supervisors meeting.
(4) 
Tie Bids.
(a) 
If two or more of the lowest bids received are for the same total amount or unit prices and the quality, delivery date and service capability are equal, the contract may be awarded to a bidder upon consideration of the following factors:
[1] 
Proximity to the Township.
[2] 
Prior history and record of service.
[3] 
Experience.
[4] 
Other factors which bear on the purposes of this Part 1D as set forth in § 1-140.
(b) 
As an alternative, the Manager may break ties by requesting each of the equal low bidders to submit, in writing, their lowest and final bid. Said tiebreaking bids shall be opened in public, and each of the bidders shall be informed of the time and place of said opening. If the bids are still tied, either bidder may be chosen by the Board of Supervisors.
(5) 
A tabulation of bids shall be made available for public inspection.
F. 
Exceptions. Contracts or purchases made by the Township to which § 1-141 shall not apply, unless the Board of Supervisors shall otherwise direct in a specific instance, shall include:
(1) 
Those for maintenance, repair or replacement of the public works of the Township, provided that they do not constitute new additions, extensions or enlargements of existing facilities and equipment. Public works falling within this category shall include but are not limited to Township buildings, structures, utilities, sanitary sewer facilities or appurtenances, storm sewer facilities or appurtenances, park and recreation facilities, streets, parking lots and driveways.
(2) 
Those made for improvements, repairs and maintenance of any kind made or provided by the Township through its employees, except that all materials used for street construction, maintenance or improvement in excess of the applicable bid threshold shall be subject to the provisions of this Part 1D.
(3) 
Those where particular types of goods or services cannot reasonably be acquired from more than one vendor.
(4) 
Those involving any purchase of insurance or surety bond; those made for public utility service under tariffs on file with the Pennsylvania Public Utility Commission; those made with the federal government, the Commonwealth of Pennsylvania or any subdivision thereof, any intergovernmental cooperative entity or any municipal authority, including the sale, lease or loan of any supplies, materials, equipment or services by the commonwealth, the federal government or their subdivisions and authorities. The price charged to the Township shall not be in excess of that fixed by the commonwealth, the federal government or their subdivisions.
(5) 
Those involving personal or professional services.
(6) 
Those made for improvements, repairs and maintenance of any kind of property of the Township for labor, materials or profits and overhead, entered into with any organization which is engaged in rehabilitative or job training programs and where such organization receives state or federal funding for such purposes.
(7) 
Those cases, with the Board of Supervisors approval, where the Manager deems it is in the best interest of the Township to purchase without competitive bidding because compatibility with existing Township equipment or systems is of high importance.
(8) 
Those involving the purchase of equipment and services related to computer software, technology, and information systems. The purchase of equipment and services related to computer software, technology, and information systems shall be made on the basis of best-value procurement. Contracts under best-value procurement shall be made only after the Township has solicited proposals based on performance and outcome specifications developed by the Township and describing, at minimum, the objectives to be met by the system, the tasks to be performed by the system, the users of the system, system security issues, the time frame for system implementation, potential operating technologies, compatibility with existing systems, training and maintenance, and shall indicate the process by which the contract shall be awarded. Best-value procurement shall not require a sealed bid process and shall permit the Township to negotiate the terms of the agreement with any responsive and responsible vendor.
(9) 
Those involving construction management services, which may be awarded on a best-value procurement basis similar to that set forth in Subsection F(5)(h) above.
(10) 
Those involving professional expertise or other unique and special expertise where quality of the service is more valuable to the Township than the price of the service.
(11) 
Those where the Township piggybacks on or purchases off of or participates in a contract legally awarded by the federal government, by the commonwealth or any subdivision thereof, any intergovernmental cooperative or council of governments, any municipal authority, or by any cooperative purchasing program operated by or for any public entity or association of public entities or otherwise recognized by law as eligible to perform cooperative purchasing functions for public entities.
G. 
Disposition of Bid Deposits.
(1) 
The Township shall return to the unsuccessful bidders the bid deposits submitted by them.
(2) 
A successful bidder shall forfeit any deposit made by him upon failure on his part to enter into a contract with the Township within 20 calendar days after award, unless an extended time is authorized, in writing, by the Manager.
H. 
Piecemeal Contracts and Purchases Restricted. It shall be prohibited for any officer or employee of the Township to purposely evade use of the procedures for competitive bidding by making a series of purchases or contracts, each under the minimum set out in § 1-141 of this Part 1D, or by making several simultaneous purchases or contracts, each below that minimum amount.
I. 
Performance Bonds.
(1) 
To protect the interests of the Township, a performance bond, which shall be not less than 10% nor more than 100% of the contract amount, shall be required from the successful bidder before entering into a construction contract. The amount of the bond shall be stated in the bid specifications.
(2) 
The Manager shall establish the percent of the contract price required in the performance bond for purchase of materials, supplies and equipment. If the performance bond is not furnished within 20 days after the award of the contract, the award shall be void. Deliveries, accomplishments and guarantees may be required in all cases of expenditure.
J. 
Bonds for the Protection of Labor and Materials. Any person entering into a contract with the Township for the construction, erection, installation, completion, alteration or repair of or alteration to any public work or improvement whatsoever shall, before commencing work under the contract, execute and deliver to the Township, in addition to the performance bond, an additional bond, in a sum not less than 50% and not more than 100%, as the Manager may prescribe, conditioned for the prompt payment of all material furnished and labor supplied or performed in the prosecution of the work, whether or not the material or labor entered into becomes component parts of the work or improvement contemplated. This additional bond shall be deposited with and held by the Township for the use of any interested party. This bond shall provide that every person who, whether as subcontractor or otherwise, has furnished material or supplied or performed labor in the prosecution of the work and who has not been paid for it may sue in assumpsit on this additional bond, for his use, and prosecute the suit to final judgment for whatever sum may be justly due him, and have execution thereof. The Township shall not be liable for the payment of any costs or expenses of any suit.
K. 
Workers' Compensation. Every contract entered into by the Township which involves the construction or doing of any work involving the employment of labor shall contain a provision that the contractor shall accept, insofar as the work covered by that contract is concerned, the provisions of the Workers' Compensation Act of 1915, and its supplements and amendments, and that the contractor will insure his liability under that act or file with the Township a certificate of exemption from insurance from the Bureau of Workers' Compensation of the Pennsylvania Department of Labor and Industry. Any contract executed in violation of this section shall be null and void.
L. 
Discrimination Prohibited. Any contract entered into by the Township for the construction, alteration or repair of any public building or public work may contain provisions by which the contractor agrees that, in the hiring of employees for the performance of work under the contract or any subcontract under it, no contractor or subcontractor and no person acting on behalf of the contractor or subcontractor shall, by reason of race, creed, sex, or color, discriminate against any person who is qualified and available to perform the work to which the employment relates. Violations of this provision by the contractor will constitute grounds for terminating the contract.
M. 
Competitive Electronic Auction Bidding.
(1) 
Conditions of use. Notwithstanding any other provision of this Part 1D concerning the requirements for competitive bidding for purchases and contracts, if the Township determines that use of competitive electronic auction bidding is in the Township's best interest, a contract for supplies and services, but not for construction or design professional services, may be entered into by competitive electronic auction bidding.
(2) 
Invitation for Bids. An invitation for bids shall be issued and shall include a procurement description and all contractual terms, whenever practical, and conditions applicable to the procurement, including a notice that bids will be received in an electronic auction manner.
(3) 
Public Notice. Public notice and advertisement of the invitation for bids shall be given in the same manner as provided in § 1-141A of this Part 1D or other governing law.
(4) 
Auctions. Bids shall be accepted electronically at the time and in the manner designated in the invitation for bids. During the auction, each bidder shall have the capability to view his/her bid rank or the low bid price. Bidders may reduce their bid prices during the auction. At the conclusion of the auction, the record of the bid prices received and the name of each bidder shall be open to public inspection.
(5) 
Award of Contracts. Contract awards by the Board of Supervisors shall be made at an advertised public meeting. The following applies to Board of Supervisors awards:
(a) 
Awards shall normally be made to the lowest responsible bidder. However, the Board of Supervisors, upon recommendation of the Manager, may have the right to take into consideration such other factors as delivery date, quality of service, length of warranty, etc., in determining what bid is the least expensive.
(b) 
The Board of Supervisors shall have the authority to waive minor irregularities and defects when the best interests of the Township would be served.
(c) 
The Board of Supervisors shall have the authority to accept or reject any and/or all bids or to hold all bids for 60 days or until the next regular Board of Supervisors meeting.
(d) 
A tabulation of bids shall be made available for public inspection.
[Ord. 431, 8/20/2008]
1. 
All purchases of supplies, materials, equipment and contractual services which are not competitively bid under § 1-141 alone and which do not fall within the exceptions listed at § 1-141F above shall be made, when feasible and when in the best interests of the Township, in the open market without advertisement being required and without observing the procedures prescribed for the receipt of formal sealed bids and the award of contracts on those bids, in one of the following manners: by written inquiry, telephonic, facsimile or e-mail solicitation, or competitive electronic auction bidding.
2. 
Open market purchasing, wherever possible, shall be based on two or more quotations and shall be awarded based on the proposal deemed by the Board of Supervisors to be most favorable to the Township, upon considerations including cost, delivery date, quality of product or service, length of warranty, past performance, local or Pennsylvania or USA manufacture, etc.
3. 
The Manager shall provide to the Board of Supervisors a record of all open market orders and the quotations submitted in competition thereon.
4. 
All open market contracts shall be awarded or ratified by vote at a public meeting.
5. 
The Board may, by resolution, adopt policies and procedures regulating open market purchases not inconsistent with this § 1-142.
[Ord. 431, 8/20/2008]
In case of actual emergency and with the approval of the Manager, the head of any department may purchase directly any supplies, materials and/or equipment, the immediate procurement of which is essential to prevent delays in the work of the department which might vitally affect the life, health, safety and/or welfare of citizens. The head of the department or using agency, after having made any emergency purchase as authorized by this section, shall submit to the Manager a record of the emergency purchase, together with a report of the circumstances of the emergency.
[Ord. 431, 8/20/2008]
The Manager, upon approval of the Board of Supervisors, shall have authority to join with other units of government, intergovernmental cooperatives, councils of governments, government purchasing associations, the commonwealth, or any other cooperative purchasing plan offering the benefits of cooperative purchasing to public entities when the best interests of the Township would be served.
[Ord. 431, 8/20/2008]
All Township public officials or public employees, as those terms are defined in the State Ethics Act, shall comply with the provisions of Section 3 of the State Ethics Act in all respects as regards procurement from such officials or employments, their immediate family or a business with which they are associated.