(A) Procurement requirements. These are the procurement requirements for the Washington Transit Department, a recipient of federal funding from the Federal Transit Administration (FTA) administered by the Indiana Department of Transportation–Public Transit Section. This is prepared and approved in order to ensure compliance with Volume I, Section VI of FTA Circular 4220.1E. This section will apply to the Washington Transit Department only.
(B) Relationships. No employee, officer, or agent of the Washington Transit Department or member of the Board of Public Works and Safety shall participate in the 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 or her immediate family; his or her business associate or partner; or an organization that employs, or is about to employ, any of the above has a financial or other interest in the firm selected for the award.
(C) Gifts and entertainment. All Washington Transit Department employees are strongly discouraged from accepting all gifts and entertainment from any party having or seeking to establish a business relationship with Washington Transit. Even when gifts and entertainment are exchanged out of the finest motives of personal friendship they can be misunderstood. To avoid both the reality and the appearance of improper relations with suppliers, potential suppliers or customers, each employee is prohibited from soliciting or receiving gifts, gratuities or any other personal benefit or favor from suppliers, potential suppliers or customers. Employees of the Washington Transit Department may, however, accept gifts of nominal value or advertising and promotional materials clearly marked with company or brand names. Entertainment should not be solicited, but may be accepted if it occurs infrequently; arises out of the ordinary course of business; involves reasonable, not lavish, expenditures; and takes place in settings that are reasonably appropriate and fitting to the employees, their hosts, and the business at hand.
(D) Influence.
(1) All Washington Transit Department employees are prohibited from having a pecuniary interest in, or deriving a profit from, a contract or purchase entered into by the Washington Transit Department, except that this does not prohibit those individuals from receiving normal compensation for services they provide the Washington Transit Department as employees. Nor does it prohibit those individuals from receiving compensation for expenses they incur in carrying out their work with the Washington Transit Department.
(2) This section does not prohibit Washington Transit Department employees from having a pecuniary interest in a contract or purchase connected with Washington Transit Department if their functions and duties with Washington Transit Department are unrelated to the contract or purchase and they make a disclosure in accordance with the following:
(a) Shall be in writing;
(b) Shall describe the contract or purchase to be made by Washington Transit;
(c) Shall describe the pecuniary interest that the employee has in the contract or purchase;
(d) Shall be affirmed under penalty of perjury;
(e) Shall be submitted to Washington Transit Department and be accepted by the Board of Public Works and Safety in a public meeting of the Board of Public Works prior to final action on the contract or purchase;
(f) Shall be filed within 15 days after final action on the contract or purchase with the Clerk of the Daviess County Circuit Court; and
(g) Shall contain the written approval of the Board of Public Works and Safety.
(3) Washington Transit Department employees and agents shall be considered to have a pecuniary interest in a contract or purchase if members of their immediate family, a business partner or associate has, or is about to have, a financial or other interest in the firm selected for the purchase or award of a contract. Those persons with prohibited interests shall include any of the following:
(a) Employee, officer, agent of the Washington Transit Department or member of the Board of Public Works and Safety:
(b) Member of immediate family of those individuals listed in division (D)(3)(a) above;
(c) Business associate or partner of those individuals listed in division (D)(3)(a) above;
(d) Any organization that employs, or is about to employ, of those individuals listed in division (D)(3)(a) above;
(E) Guidelines to contractors. To avoid conflict, whether real or apparent, the following shall apply to employees of any contractor to the Washington Transit Department:
(1) No contractual personnel or support staff shall make recommendations or be involved in preparation of specifications for any contracts for which that management contractor may bid or propose, except as approved by the Board of Public Works and Safety; and
(2) No contractual personnel or support staff shall be involved in any aspect of evaluation, selection, or award of a contract for which that management contractor may bid, except as approved by the Board of Public Works and Safety.
(3) Employees shall be subject to disciplinary action under the city’s personnel policy manual for violation of this section.
(4) Violation of this section by contractors, vendors and bidders, potential vendors, contractors and bidders, or their agents, shall be considered a breach of the applicable Washington Transit Department contract, and shall be considered a willful breach if such violation is deemed to be in knowing or careless disregard of this section, and shall subject the contractors or their agents to disciplinary action up to and including suspension or debarment from contracting with the Washington Transit Department.
(F) Familiarization. It shall be the responsibility of every employee, agent, and contractor of the Washington Transit Department to familiarize himself or herself with the provisions of this section. All inquiries concerning the same should be directed to the Washington Transit Manager.
(G) Contract administration procedures. Post-award contract administration procedures shall be followed to ensure that contractors and vendors perform in accordance with the terms and conditions of the procurement and the item or service procured complies with specifications required of the specific item or service procured. Inventories of supplies and materials on hand shall be used or consumed prior to making new purchases. Inventories of consumable supplies and materials shall not exceed 30 days supply unless the lead time for replacement(s) exceeds 30 days. Records detailing the history of purchases shall be maintained. Purchases of tangible personal property and improvements to real property of the Washington Transit Department that carry manufacturer warranties shall be monitored during such warranty periods and warranties enforced during applicable warranty-redemption periods.
(H) Procurement protest procedures. The following procedures for filing a protest shall apply to third-party bidders, offerors, vendors and contractors for procurements of goods or services by the Washington Transit Department:
(1) Protest shall be in writing and filed with the Washington Transit Manager regarding procurements of goods and/or consumable supplies;
(2) Protest shall be in writing and filed with the City Engineer with a copy to the Washington Transit Manager regarding procurements of construction and real property improvements services;
(3) Protest shall include a brief description of the protest and the basis for filing the protest;
(4) The remedy or resolution sought by protester;
(5) The Washington Transit Department or City Engineer as applicable, shall issue a written response and decision to the protester;
(6) Protester may appeal the Washington Transit Manager or City Engineer's decision by filing a written appeal to Washington's Board of Public Works and Safety to include the information listed in (H)(3) and (H)(4) above, as well as a copy of the response issued by the Washington Transit Manager or City Engineer as applicable;
(7) The Washington Board of Public Works and Safety shall consider the appeal at a regular scheduled public meeting of the Board. Both appellant and Washington Transit Manager or City Engineer may submit evidentiary documentation and information to the Board;
(8) The Board of Public Works and Safety, as Purchasing Agency for the City of Washington shall issue a written decision to the appellant;
(9) Should appellant not be satisfied with the Board's decision, appellant may then submit a formal written appeal to the Indiana Department of Transportation-Office of Transit (INDOT-Transit), 100 North Senate Avenue, Indianapolis, IN 46204-2219, with a complete copy to the Board of Public Works and Safety and Washington Transit Manager or City Engineer, as applicable. Appellant shall include in its appeal to INDOT-Transit copies of all documentation submitted and issued in (H)(1) through (H)(8) above for INDOT-Transit's consideration;
(10) The Indiana Department of Transportation-Office of Transit (INDOT-Transit) shall consider the appellant's submittal and render a decision with copies of such decision to the Board of Public Works and Safety of the City of Washington. Decisions by INDOT-Transit shall be final.
(Ord. 8-2008, passed 5-12-2008; Ord. 8-2012, passed 6-25-2012)
Cross-reference:
For other departments of the city, see Ch. 30