TITLE
An Ordinance of the County of Allegheny, Commonwealth of Pennsylvania, amending Article 903, § 5-903.02. of the Administrative Code providing for the Purchasing Officer, as head of the Division of Purchasing and Supplies, to create a policy which establishes a 3% government-wide procurement goal for participation by small business concerns owned and controlled by service-disabled veterans.
BODY
WHEREAS, America owes a great debt to its veterans, and Allegheny County has a long and esteemed tradition of service to its country, with 144,000 veterans calling Allegheny County home; and
WHEREAS, small businesses drive the local economy and, as such, Allegheny County supports economic empowerment for veteran entrepreneurs and disabled veterans who are interested in business ownership; and
WHEREAS, Allegheny County in partnership with the Community College of Allegheny County and the Soldiers and Sailors National Museum and Memorial will host its first Veteran Business Symposium to teach veterans how to create, develop and grow a small business; and
WHEREAS, the Veterans Entrepreneurship and Small Business Development Act of 1999, P.L. 106-50, provides for a variety of benefits and incentives for veteran-owned small businesses, among these was the establishment of a statutory goal that at least three percent (3%) of all federal prime and subcontract dollars should be awarded to businesses owned and controlled by service-disabled veterans (SDVBs);
The Council of the County of Allegheny hereby enacts as follows:
SECTION 1. Incorporation of the Preamble.
The provisions set forth in the preamble to this Ordinance are incorporated by reference as set forth in their entirety herein.
SECTION 2.
Article 903, § 5-903.02. of the Administrative Code is amended as follows:
§ 5-903.02. Purchases over $30,000.
A.
Except as provided below, all contracts or purchases in excess of $30,000 shall be in writing after being published at least one time, not less than seven days prior to the date fixed for opening of bids. The successful bidder shall be the lowest responsible responsive bidder meeting specifications, with full consideration of cost, quality and performance. In the event that the County receives two completely identical responsive responsible bids, the award shall be made in accordance with the Purchasing Manual.
B.The Purchasing Officer, in advertising the bids, shall have discretion to let bids on an item-by-item basis and/or on a total package basis in order to obtain the most favorable bid proposals for the County.
C.The Controller shall receive all bids in a timely fashion and deliver same to the Purchasing Officer. The Purchasing Officer shall announce all bid figures publicly and all bids thereafter shall be referred to the Division of Purchasing and Supplies for tabulation. The Purchasing Officer shall keep a record of all bids received. Whenever, for any reason, the bid opening shall not be held, the same business may be transacted at the identical time on the next Business Day or at any time and place announced at the time of the scheduled bid opening. The County shall reserve the right to reject any and all bids and to rebid a contract or purchase.
D.The Purchasing Officer may require, after consultation with the Manager, that bids shall be accompanied by a cashier's check or money order, in an amount not exceeding 5% of the bid, by a bond with corporate surety in an amount not exceeding 5% of the amount bid, or by an irrevocable letter of credit in such form as previously approved by the Purchasing Officer issued by a bank or other financial institution duly recognized and authorized to do business in the Commonwealth in an amount not exceeding 5% of the bid. The good faith deposits by cashier's check or money order, bond or letter of credit, shall be held by the Purchasing Officer to be returned to the unsuccessful bidders when the contract is awarded or when the County determines that it is necessary to reject all bids. In the event that any bidder shall, upon award of the contract, fail to comply with the requirements hereinafter stated as to a bond guaranteeing the performance of a contract, or fail or refuse to enter into a contract, or otherwise fail or refuse to render the services required, the good faith deposit, cashier's check or money order, bond or letter of credit shall be forfeited to the County as liquidated damages, and the contract subsequently may be awarded to the next lowest responsive responsible bidder, who shall manifest acceptance of such contract by giving a good faith deposit in the amount and manner set forth in this subsection above on or before the third business day after the award of the contract to such bidder and otherwise comply with the provisions of this section.
E.The successful bidder, when advertising is required herein, may be required to furnish a bond with suitable reasonable requirements guaranteeing performance of the contract, with sufficient surety in the amount of 100% of the amount of the contract, within 30 days after the contract has been awarded, unless the Purchasing Officer shall prescribe a shorter period or unless the Purchasing Officer shall waive the bond requirement in the bid specification. Upon failure to furnish any required bond within such time, the previous awards shall be void and the contract may be awarded to the next lowest responsible responsive bidder meeting specifications.
F.The Purchasing Officer shall combine requisitions for similar contracts and purchases of materials, supplies, furnishings, equipment, insurance, and other personal property and nonprofessional services without regard to the potential total cost of the contract or purchase. Contracts and the purchase shall not be divided into separate contracts and purchases to avoid the financial threshold for the competitive bidding process.
G. The Purchasing Officer shall create a policy which incorporates a 3% government-wide goal for participation in the formal procurement process by small business concerns owned and controlled by service-disabled veterans
1. For the purposes of this subsection, a "service-disabled veteran" is an individual with a disability that was incurred or aggravated in the line of duty in the active military, naval, or air service.
2. For the purposes of this subsection, "owned and controlled by service-disabled veterans" means a business:
a. Not less than 51% of which is owned by one or more service-disabled veterans or, in the case any publicly owned business, not less than 51% of the stock of which is owned by one or more service-disabled veterans; and
b. The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such a veteran.
3. The Purchasing Officer shall define "small business" in any fashion he or she deems appropriate for effective administration of this requirement
4. The policy created by the Purchasing Officer shall require that a copy of the service-disabled veteran's identification card must be submitted with any bid proposal, together with any proof of business ownership as deemed appropriate by the Purchasing Officer.
5. In the event that the Purchasing Officer determines that the 3% participation goal is unattainable in the context of a particular procurement transaction, the remaining formal procurement requirements will still be applicable to that transaction.
SECTION 3. If any provision of this Ordinance shall be determined to be unlawful, invalid, void or unenforceable, then that provision shall be considered severable from the remaining provisions of this Ordinance which shall be in full force and effect.
SECTION 4. Any Resolution or Ordinance or part thereof conflicting with the provisions of this Ordinance is hereby repealed so far as the same affects this Ordinance.