PHILADELPHIA HOME RULE CHARTER
CHAPTER 5 PROCUREMENT DEPARTMENT
§6-500. Functions.
The Procurement Department shall have the power and its
duty shall be to perform the following
functions:
(a) Procurement.
(1) Except as otherwise provided in
this charter, it shall purchase, and when feasible store and distribute all
personal property to be procured with funds from the City Treasury. It shall
establish and maintain City storehouses, develop and operate therein a uniform,
modern system of stores control based upon perpetual inventory and maintain a
sufficient stock of staple commodities on hand to supply the estimated current
needs of all departments, boards and commissions of the City and other
governmental agencies for whom such commodities are procured with funds
appropriated from the City Treasury. All purchases, other than purchases for
stock and all deliveries from such stock shall be made only upon proper
requisition.
For the purpose of exercising its procurement functions
more efficiently and economically, the Department shall classify all items of
personal property subject to procurement by it; maintain a laboratory for
testing and inspecting such property; adopt as standards the minimum number of
qualities, sizes and types of such items consistent with efficient operation;
and prepare, promulgate and enforce, written specifications for all such
standard items.
(2) The Department shall procure at the cost of the
City good and sufficient bonds, to be approved by the City Solicitor and filed
with the Department of Records, to meet the requirements of law, in the case of
all City officers and employees required to give surety bonds to the City, for
the faithful performance of their official duties or to account for City funds
or property in their possession. When authorized by the Administrative Board, it
shall also procure liability insurance, covering liability of the City and its
officers and employees. It shall also procure any other kind of insurance which
it may be lawful for the City or any officer, department, board or commission of
the City to carry and for which an appropriation has been made to the
Department.
(3) The Department shall let all contracts for utility
services which are required by any department, board and commission of the City
and other governmental agencies and which are to be paid for with funds from the
City Treasury.
(4) The Department shall from time to time notify the
chief clerk of the Council, the Mayor, the several officers, departments, boards
and commissions of the City and other governmental agencies whose procurement
requirements are to be purchased with funds appropriated from the City Treasury,
respectively, to furnish, at such time as it may require, lists of all
requirements that may be needed by each of such officers, departments, boards,
commissions and agencies for such periods as the Department shall prescribe,
excepting only perishable food stuffs for City institutions. Upon receipt of
such lists, the Department shall, as far as practicable, consolidate and
classify the requirements named therein, and shall prepare annual, semi-annual,
or quarterly schedules thereof, as deemed for the best interest of the City. The
Department shall have the power to make such changes in the schedules as may be
deemed proper, and may standardize any or all requirements therein. The
schedules as finally prepared, shall be used by the Department for procuring the
requirements specified therein.
(5) In the performance of its
procurement functions, the Department shall consult with and consider
recommendations of the Council, the Mayor, the officer, department, board or
commission of the City or other governmental agency, whose requirements it is
procuring.
(6) Whenever the Department shall procure any item which is
to be paid for, out of an appropriation made to another department, board or
commission of the City or to any other government agency or from a special fund,
the Department shall act as agent for such department, board, commission or
agency.
(7) The Department may permit any officer, department, board or
commission of the City or other agency to make a particular purchase or class of
purchases directly, but in any such case the Department shall first approve in
writing the specifications for such purchase.
(b) Printing and
Publications.
(1) The Department shall furnish by contract or otherwise
all printing and binding, engraving and publications required by the
City.
(2) The Department shall distribute all printed matter of the
City. It may sell, at prices to cover the cost of publication, any printed
matter which it distributes. The Department shall compile, edit and publish
annually a City Manual. It shall copyright, in the name of the City, all City
publications which it regards desirable to have
copyrighted.
(c) Contracts. After advertising and the receipt of
competitive bids, the Department shall let all contracts to be paid for with
funds appropriated from the City Treasury for which competitive bids are
required, including contracts for concessions whether or not the specifications
were prepared and the performance of the contract is to be supervised by another
department, or by a board, commission or other governmental
agency.
(d) Sales of Unserviceable Personal Property. The Department
shall receive from departments, boards and commissions of the City and other
governmental agencies, unserviceable personal property owned by the City or
acquired with funds appropriated from the City Treasury and, if no other
department, board or commission of the City or other governmental agency
supported by funds appropriated from the City Treasury is able to make use of it
presently, dispose of it by sale, either at public auction or private sale, or
by transfer, exchange or otherwise after public advertisement or other
appropriate public notice and receipt of bids.
ANNOTATION
Sources: The Administrative Code of 1929, Act of April 9,
1929, P.L. 177, Sections 2403-2406, 2409, as amended; Act of June 25, 1919, P.L.
581, Article XXIV, Section 3, as amended.
Purposes: 1. All procurement functions of the City are
centralized in a Procurement Department to facilitate financial controls and to
promote efficiency and economies. See Section 8-202.
2. The Procurement Department is to purchase and when
necessary store and distribute all personal property to be procured with City
funds. It is to run City storehouses, maintain an adequate inventory accounting
system, and keep stores of staple commodities to supply current needs. Part of
this procurement process is to include the standardization of purchases and the
adequate testing and inspection of materials procured. For accounting purposes,
all deliveries from City stores are to be made only on proper
requisitions.
3. All bonds required to be furnished by City officers and
employees are to be procured by the Procurement Department but the City is to
pay for the cost of such bonds. The Department is also to purchase all insurance
needed and authorized by the City for its employees.
4. The Department is to let all contracts for utility
services required by the City and to be paid for with City funds.
5. To enable the Department to make purchases in quantity
and to standardize purchases in the interest of economy and efficiency, a
procedure is devised for the scheduling of requirements based upon regular
information supplied to it by all the officers and agencies of the City.
However, the Department is required in the performance of its procurement
functions to consult with the various officers and agencies so that items
procured although standardized as far as may be possible, will still meet
particular needs.
6. As a general rule, appropriations for the procurement of
personal property are to be made directly to the Procurement Department.
However, even where such an appropriation may be made to any other officer or
agency, the Department is to make the purchases although it acts as the agent
for such officer or agency.
7. In order to enable an officer or agency to meet
emergencies or to make a specialized type of purchase, the Department may, upon
request, permit a direct purchase by any officer or agency. However, the
Department's approval must be obtained in writing and the specifications
for the purchase must be first approved so that such exceptions will remain
subject at all times to control by the department responsible for
procurement.
8. All printing, binding, and engraving and publications
required by the City are to be furnished by the Procurement
Department.
9. The Department is to distribute all printed matter of the
City to the public and to City agencies. This requirement should serve the
convenience of the public since there will be only one agency where City printed
matter may be procured. It should also minimize the wasteful distribution of
City printed matter.
10. A City Manual giving complete information about the
various City officers and agencies and their functions and of the operations of
the City government is to be compiled, edited, and published by the Procurement
Department. Such a manual should serve the convenience of the public and of City
officers and employees.
11. The Procurement Department is to let all contracts which
are to be paid for from City funds for which competitive bids are required even
though specifications may have been prepared and performance is to be supervised
by another agency of the City. See Section 8-200 as to when competitive bidding
is required. Included in this category are contracts awarding City concessions.
See Section 8-201. These requirements are necessary to standardize contract
procedures and for the convenience of bidders and the effecting of economies for
the City.
12. The Department is to be the City agency for the disposal
of unserviceable City property so that any property for which there is a use,
will be used, and property for which there is no use, will be disposed of. See
Section 8-203. Before disposing of any property, the Department must determine
whether any other agency supported by funds from the City Treasury can use it.
If use cannot be made of the property and it is unserviceable, the Department is
authorized to dispose of it by sale or otherwise only after advertisement or
public notice and receipt of bids. If the property is not resalable, the
Department may destroy it.