1. The procurement standards herein contained shall apply to procurement of supplies, equipment, construction and services in connection with the operation of the township’s Grant Administrator and the City of Bradford Office of Economic and Community Development.
2. All contracts or purchases involving the expenditure in excess of $10,000 shall be made only by competitive bidding, as provided in the Second Class Township Code (53 P.S. §§ 65101 et seq.), except as provided in said Code and as otherwise required by state or federal regulations.
3. Notwithstanding anything to the contrary herein set forth, all contracts or purchases shall comply with the Second Class Township Code of the state and any federal or state laws and regulations as they relate to the contract or purchase.
4. Wherever possible, procurement shall be made from local vendors or purveyors of services. Exceptions to this may be considered where purchases are processed through the cooperative procurement systems of the state.
5. No employee, officer or agent of the township or a township’s sub-grantee shall participate in the selection or award or administration of a contract supported by local state or federal funds, if a conflict of interest, real or apparent, would be involved. Such a conflict would be deemed to have arisen when the employee, officer or agent, any member of his or her immediate family, his or her business partner, or an organization which employs or is about to employ any of the foregoing, has a financial or other interest in the firm selected for award. No officer, employee or agent of the township shall solicit or accept gratuities, favors or anything of monetary value from contractors, potential contractors or parties to sub-grantees. Failure to abide by this code of conduct may result in disciplinary action or discharge with respect to any employee of the township and further may involve prosecution under applicable law with respect to any person covered by the provision. Further, any violations of these policies may result in the termination of any contract entered into by a contractor or their agents, together with penalties and restitution for breach thereof.
6. Solicitations of offers, whether by competitive sealed bids or competitive negotiation, shall:
A. 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 should 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 to define the performance or other salient requirements of the procurement. The specific features of the named brand which must be met by the offerors shall be clearly stated; and
B. Clearly set forth all requirements which offerors must fulfill and all other factors to be used in evaluating bids or proposals. In regard to professional services such as those provided by consultants, engineers, architects, auditors and appraisers, and the like, the township will review proposals that are requested for various programs. Services shall be listed by placing a “Request for Proposal” in the newspaper and by mailing the “Request for Proposal” directly to interested firms or individuals.
7. The following point system will be used for selecting the most qualified firm.
A. Offeror’s method for providing the requested services. (40 points)
(1) Understanding of the state or federal program providing funds for the project and the development objectives of the township. (10 points)
(2) Addressing the scope of services outlined in the request for proposals. (30 points)
B. Officer’s qualifications, experience and time commitments of project director and staff assigned to project. (50 points)
(1) Demonstrated ability of the Project Director and key staff to carry out the proposed assignment. (20 points)
(2) Prior experience in performing work on similar projects. (20 points).
(3) Proposed level of effort in terms of time commitment of Project Director and key staff. (10 points).
C. Management and work plans. (10 points)
(1) Description of how the offeror intends to carry out the project assignment. (10 points)
D. Participation by socially/economically restricted business (SERB) (15 points). SERBs are businesses whose economic growth and development have been restricted based on social and economic bias. Such businesses are MWBEO certified minority and women owned businesses and certain restricted businesses whose development has been impeded because their primary or headquarter facility is physically located in an area designated by the commonwealth as being in an enterprise zone. Businesses will not be considered socially/economically restricted if one of the conditions listed below exist:
(1) The business has gross revenues exceeding $4,000,000 annually; or
(2) The concentration of an industry is such that 50% of the market is controlled by the same type of SERB or businesses within designated enterprise zones.
E. Points shall be given for SERB participation as follows:
(1) Proposal submitted by a SERB (15 points);
(2) Proposals submitted from a joint venture with a commonwealth approved SERB (10 points); and
(3) Proposals submitted with subcontracting commitments to SERBs (5 points).
F. Compensation (25 points). A proposal will be considered non-responsive if the offeror fails to signify a willingness to negotiate a lump sum contract and state a range and/or estimate of fees for all services.
G. Based upon the above, the township will select the firm best qualified, subject to the township and the contractor negotiating a contract.
8. Contract provisions. Exhibit “B” sets forth a series of general terms and conditions for professional service contracts. There is a set of terms and conditions for all contracts over $10,000 and a set for those under $10,000. All public improvement contracts will have either federal or state general conditions. Said documents are used to ensure compliance with all federal and state laws and regulations.
9. Minority and women’s business enterprise plan.
A. The township adopted this plan in June 1994 for all construction and professional service contracts over $25,000. It is the public policy of the township to promote the opportunity for full participation by minority and women’s business enterprises in all programs receiving funds from the Pennsylvania Department of Community Affairs. The township strongly encourages the submission of proposals by SERBs.
B. To achieve the objective of enhancing SERB participation, the township has established SERB utilization as selection criteria in the evaluation process. Proposals submitted by firms or individuals claiming SERB status, or proposals submitted by individuals or firms reflecting joint venture and subcontracting opportunities with SERBs, must submit documentation verifying their claim.
C. Proposers not considered to be socially/economically restricted businesses seeking to identify such businesses for joint venture and subcontracting opportunities are encouraged to contact:
Department of General Services
Minority and Women Business Enterprise Office
502 North Office Building
Harrisburg, PA 17125
Phone: (717)787-7380
(800)222-2903
D. SERBs are encouraged to participate as prime proposers. SERBs qualifying as an MBE/WBE must provide their MWBEO certification number. SERBs qualifying as a result of being located in a state designated enterprise zone must provide proof of this status.
E. Proposers not considered SERBs must describe, in narrative form, their company’s approach to enhance SERB utilization on a professional level in the implementation of this proposal.
F. The following options will be considered as part of the final criteria for selection:
(1) Priority rank 1: proposals submitted by SERBs;
(2) Priority rank 2: proposals submitted from a joint venture with a commonwealth approved SERB as a joint venture partner; and
(3) Priority rank 3: proposals submitted with subcontracting commitments to SERBs.
G. Each proposal will be rated for its approach to enhancing the utilization of SERBs. The optional approach used will be evaluated with priority rank 1 receiving the greatest value and the succeeding options receiving a value in accordance with above listed priority ranking.
H. Contractor proposals shall include the SERB value in the cost and price analysis section of the proposal. The applicable items shown in the cost and price analysis section should also be used to prepare and detail the proposed SERB commitment value including, if applicable, fiscal year breakdown. The selected contractor’s SERB commitment amount will be included as a contractual obligation when a contract is entered into.
I. Criteria for selection. SERB participation, emphasis here is placed on:
(1) Proposals submitted by MWBEO approved SERBs;
(2) Commitments by proposers not considered to be SERBs which significantly utilize approved SERBs in joint ventures; and
(3) Commitments by proposers not considered to be SERBs which aggressively pursue the utilization of approved SERBs in subcontracting opportunities.
10. Procedures; contractor compliance process.
A. Contract provisions. The following provisions will be included in construction contracts and/or professional service contracts:
(1) Construction contracts.
(a) The prime contractor must provide the township with a report of MBE/WBE subcontracting activity on a quarterly or per project basis, whichever is sooner. The report shall reflect the names of and the total dollar amount paid to all MBE/WBE subcontractors (including suppliers) utilized under this contract.
(b) MBE/WBE subcontractors must provide the township with a report reflecting the prime contractors who have purchased their services and/or supplies on a quarterly basis. The report shall reflect the name of the prime contractor and the total dollar amount invoiced and total dollar amount received for payment.
(2) Professional service contracts.
(a) Commitment to enhance socially/economically restricted businesses.
1) If the joint venture relationship is dissolved, the majority owner of the contract, with a commitment to a SERB, must maintain this commitment for the duration of the contract. If another SERB joint venture cannot be formed, the majority owner must continue this commitment by entering into contractual agreement(s) with other SERBs to perform on this contract. The majority owner must submit all changes to the township for approval.
2) If the subcontracting commitment made to the subcontractor in the amount of $ is terminated, the name of the firm awarded the contract with a $ commitment to a SERB, must maintain this commitment for the duration of the contract. The firm awarded the contract must continue this commitment by entering into contractual agreements with other SERBs to perform on this contract. The majority owner must submit all changes to the township for approval.
3) The prime contractor must provide the township with a report of SERB activity on a quarterly or per project basis, whichever is sooner. The report shall reflect the names of and the total dollar amount paid to all SERBs utilized under this contract.
4) SERB subcontractors must provide the township with a report reflecting prime contractors who have purchased their services and/or supplies on a quarterly basis or per project basis, whichever is sooner. The report shall reflect the name of the prime contractor and the total dollar amount invoiced and the total dollar amount received for payment.
(b) Grant compliance procedures.
1) A letter will be forwarded to the prime contractor by the township informing them of their quarterly or per project reporting requirements. In addition, a letter will be forward to all MBEAVBE/SERB subcontractors with a copy to the prime contractor informing them of their reporting requirements.
2) The township will review all reports received from the prime contractor and all subcontractors to determine if the commitments made by the prime contractor in his or her bid are being met. If reports are submitted on a per project basis, this review is to be done prior to final payment being made to the contractor and/or subcontractor.
(c) Records and reports. The contractor will keep such records as are necessary to determine compliance with its minority and women business enterprise commitments. These records must be in sufficient detail to indicate the number of minority and women businesses, the contract work performed, and the percentage of minority and women businesses performing work. Additionally, the contractor is required to maintain an open file for a specified period, during which time the contract compliance person may make periodic reviews of records pertaining to relevant contracts.
(Res. 2013-19, passed 9-9-2013)