The purpose of this chapter is to ensure that the taxpayers
of City of Altoona receive full return on the investment of tax dollars;
City of Altoona government operates openly, efficiently, and effectively
in its public purchasing; vendors and potential vendors are treated
fairly; and all purchasing activities are conducted in such a matter
as to maintain public trust.
As used in this chapter, the following terms shall have the
meanings indicated:
ADDENDUM
A written change to an invitation for bids.
ALTERNATE BID
A dollar amount to be added to or subtracted from the base
bid price. The Purchasing Director may request alternate bid prices
in order to compare various options that may be in the City's
best interest.
AWARD
A determination, after review, that a certain vendor will
be given the contract.
BID
A price submitted by a vendor for a product, service, or
construction.
BIDDER
Any person or entity who submits a quote, proposal or bid.
CITY
The City of Altoona, Pennsylvania.
CITY MANAGER
The chief administrative officer of the City of Altoona per Chapter
7, Article
IV of the Code of the City of Altoona and as may be amended from time to time.
CONDITIONAL BID
A bid submitted by a bidder on which the bidder has made
certain conditions for acceptance that are contrary to the conditions
of the IFB or that were not requested in the IFB.
CONTRACT
A legal agreement between a vendor and the City.
COSTARS
The Commonwealth of Pennsylvania's cooperative purchasing
program.
DEBARMENT
An action taken by the City to bar a vendor from doing business
with the City for a period of time.
DEPARTMENT
Any functional division of the City of Altoona's Government.
DEPARTMENT HEAD
The City employee who is in charge of a Department per Chapter
7, Article
V of the Code of the City of Altoona and as may be amended from time to time.
EMERGENCY
A sudden and unexpected occurrence or condition which the
City reasonably could not foresee, posing an actual and immediate
threat to the continuance of essential normal operation of a City
Department or the need to cope with a public exigent condition.
FORMAL BID
A written, sealed bid for goods, services, or construction.
IN-CITY BIDDER
A bidder whose principal place of business is located within
the corporate boundaries of the City of Altoona, Pennsylvania. Determination
of an in-City bidder shall be made in the sole and exclusive discretion
of the Director of Purchasing.
INVITATION FOR BIDS
A document or collection of documents or materials constituting
a solicitation for proposals or bids.
LOWEST RESPONSIBLE BIDDER
The bidder who has submitted the lowest price, has met all specifications, qualifications, and requirements of an invitation for bids, and is capable of carrying out the terms of the contract as determined by the Director of Purchasing or his or her designee using the criteria in §
557-7C(7) of this chapter.
MAJOR PURCHASE
The purchase of goods, services or construction where the
total value is greater than $19,100.
MINOR IRREGULARITY
One which is merely a matter of form and not of substance
or pertains to some immaterial or inconsequential defect or variation
of a bid or proposal from the exact requirement of the solicitation,
the correction or waiver of which would not be prejudicial to the
other bidders as determined by the Director of Purchasing.
MINOR PURCHASE
The purchase of goods, services or construction where the
total value is $500 or more, but not greater than $19,100.
NOT RESPONSIBLE BIDDER
A bidder who has not met all specifications, qualifications, and requirements of an invitation for bids, and/or is not capable of carrying out the terms of the contract as determined by the Purchasing Director or his or her designee using the criteria in §
557-7C(7) of this chapter.
NOTICE TO PROCEED
A formal notice to a vendor authorizing the vendor to proceed
with work in accordance with the bid.
OPEN PURCHASE ORDER
An open purchase order effective for a stated period of time
and not to exceed stated dollar limits to which miscellaneous individual
similar purchases can be charged.
OUT-OF-CITY BIDDER
A bidder whose principal place of business is not located
in the City of Altoona, Pennsylvania. Determination of an out-of-City
bidder shall be made in the sole and exclusive discretion of the Director
of Purchasing.
PERSON
An individual, corporation, partnership of any kind, limited
liability company, trust, unincorporated association, unincorporated
business, or any other form of business or entity of any kind, whether
or not recognized under the laws of the Commonwealth of Pennsylvania.
PROFESSIONAL SERVICES
Services provided by physicians, auditors, attorneys, architects,
engineers, graphic designers, consultants or other individuals or
organizations possessing a high degree of technical skill.
PROPOSAL
The written submission of a firm price other than by sealed
bid.
PUBLIC CAPITAL IMPROVEMENT
For the purpose of this chapter, a public capital improvement
shall be nonrecurring physical expenditures such as land, buildings,
or new public infrastructure but shall not include renovation or maintenance
of existing capital improvements.
PURCHASING AGENT
Any individual designated a purchasing agent pursuant to
this manual.
PURCHASING CARD
A credit card, debit card, or other similar authority enabling
a purchasing agent, Department Head, or other authorized individual
to purchase materials, supplies, or services on and for the City as
provided herein.
QUOTE
The oral submission of a price.
RESPONSIVE AND RESPONSIBLE BIDDER
A bidder who has submitted a bid and who has met all specifications,
qualifications, and requirements of an invitation for bids, and is
capable of carrying out the terms of the contract as determined by
the Director of Purchasing or his or her designee.
SEALED BID
The secret submission of a price that will be opened and
read aloud in a public meeting.
SOLE SOURCE PURCHASE
The purchase of goods, services, or construction from a single
vendor without competitive bid or quotes.
SOLICITATION
The act of seeking bids, proposals, or qualifications from
potential vendors.
TIE BID
Responsive bids from bidders that are identical in price,
terms and conditions and which meet all the requirements and evaluation
criteria set forth in the invitation for bids.
VENDOR
A supplier of goods, services or construction.
VENDOR LIST
A list of qualified vendors maintained by the City.
Mistakes made by City officials or employees during the purchasing
process which do not substantially affect the purchase, but which
are contrary to the provisions of this chapter may be waived by the
Director of Purchasing at their discretion. Mistakes shall not include
unauthorized purchases.
No contract or purchase shall be subdivided to avoid the requirements
of this chapter.
The Director of Purchasing or his or her designee shall ensure
for proper inspection and review of all goods, services, and construction,
and shall determine conformance with any specifications or requirements
set forth in bid documents, purchase orders, or contracts. The Director
of Purchasing, Department Heads, purchasing agents, or individuals
to whom such duties may be delegated shall indicate the receipt and
acceptance of goods, services, or construction.
The Purchasing Director and every official and employee of the
City are expressly prohibited from accepting, directly or indirectly,
from any person, company, firm or corporation to which any purchase
order or contract is, or might be awarded, any rebate, gift, money,
or anything of value whatsoever, except where given for the use and
benefit of the City.
No member of the City Council or any official or employee of
the City, shall have a financial interest in any contract or in the
sale to the City or to a contractor supplying the City of any land
or rights or interests in any land, material, supplies or services;
except when a majority of the City Council determines such exception
in the best interest of the City, provided that no Councilperson whose
interest is involved shall vote on the question. Any violation of
this section with the knowledge express or implied of the person or
corporation contracting with the City shall render the contract voidable
by the City Manager or the City Council.
Unless otherwise directed by the Director of Purchasing, all
material relevant to purchase made pursuant to this chapter shall
be maintained by the Department at whose direction or upon whose behalf
a contract for goods or services is made. Notwithstanding the foregoing,
all documentation required to be submitted to the Director of Purchasing
or to the Director of Finance shall be so submitted with originals
or copies, as the case may be, to be retained by such Department,
including, but not limited to, titles, registrations, warranties,
and instructional and operating manuals. Wherever possible, such materials
shall be referenced to the applicable item or service and the contract
relating thereto.
The Director of Purchasing is authorized to prepare a purchasing
manual and additional regulations as necessary where such manual and
additional regulations may be adopted by the City Council by resolution.