Pittsburgh Municipal Code
§ 161.01 ADOPTION OF COUNTY PROCEDURE; REVIEW BY CITY COUNCIL.
Every contract relating to City affairs shall be authorized by ordinance or resolution and shall be let in the manner prescribed by City Council. Except in the case of contracts for the purchase of a general material, supplies and equipment, or for general maintenance and services, such ordinance or resolution shall designate the maximum amount authorized for such contract, and the account from which payment shall be made. The City will enter into such intergovernmental cooperation agreement that shall be necessary to comply with the provisions of Act 47 regarding joint purchasing on the City's behalf. Such intergovernmental cooperation agreement shall be presented to City Council for its approval,
(Ord. 21-2004, § 5, eff. 12-2-04)
§ 161.02 COMPETITIVE BIDDING; EXCEPTIONS.
(a) All contracts shall be awarded to the lowest responsible bidder pursuant to competitive bidding except:
(1) Contracts let in cases of emergency as set forth in Section 161.28 below;
(2) Those made for improvements, repairs and maintenance of any kind made or provided by the City through its own employees; provided, that this exception shall not apply to construction materials used in a street and bridge improvement;
(3) Those where the unique types, models or pieces of new equipment, articles, apparatus, appliances, vehicles or parts thereof, are patented and manufactured products or copyrighted products, insofar as their essential function is concerned;
(4) Those made for public utility service under tariffs on file with the Pennsylvania Public Utility Commission;
(5) Those made with another political subdivision or a county, the Commonwealth of Pennsylvania, the United States Government, any agency of the Commonwealth or the United States Government, or any authority, including the sale, leasing or loan of supplies or materials by the Commonwealth or the United States Government or their agencies, but the price thereof shall not be in excess of that fixed by the Commonwealth, the United States Government, or their agencies.
(6) Those for personal or professional services;
(7) Those involving client services provided by not-for-profit agencies;
(8) Those involving the purchase of milk;
(9) Purchases through intergovernmental or cooperative purchasing plans.
(b) The term "lowest responsible bidder" means the bidder submitting the lowest bid who has:
(1) The ability to perform the contract in accordance with the City's specifications in a timely and workmanlike manner;
(2) Demonstrated a commitment to the ideal of equal opportunity for all citizens in its own employment practices as well as its use of vendors and subcontractors; and
(3) No history of fraudulent or irresponsible behavior in previous dealings with the city.
(4) Not obtained any goods or products offered for sale, lease, rental or consignment to the City which were made under sweatshop conditions, as defined in § 161.02(d) of this Chapter.
(c) The term "highest responsible bidder" means the bidder submitting the highest bid who has:
(1) The ability to perform the contract in accordance with the City's specifications in a timely and workmanlike manner;
(2) Demonstrated a commitment to the ideal of equal opportunity for all citizens in its own employment practices as well as its use of vendors and subcontractors; and
(3) No history of fraudulent or irresponsible behavior in previous dealings with the city.
(d) The City in all contracts requiring competitive bidding shall have the right to reject any and all bids whether expressly so stated in the bid specifications or not.
(e) Goods and products are not made in sweatshop conditions if all of the following conditions apply in the manufacturing facility in which the goods are made:
(1) Wages and benefits. The manufacturer or employer must pay wages which enable its workers to meet their basic needs for food, shelter, clothing and medical care. The manufacturer or employer also must provide all benefits required by law in their country and must compensate workers for overtime.
(2) Hours of work. Workers must not be required to work more than forty-eight (48) hours per week, or less if the law of the country in which the manufacturer or employer is located sets a shorter work week.
(3) Worker's rights. Workers must have the right to speak up about and/or protest conditions in the factories they work in without fear of retaliation and must have the right to form and join unions of their own choosing without fear of retaliation.
(4) Health and safety. The manufacturer or employer provides a safe and healthy working environment.
(5) Treatment of workers. No worker may be subjected to physical, sexual or verbal harassment. No worker may be discriminated against in employment in any way on the basis of sex, race, religion, age, disability, sexual orientation, national origin, political opinion or social or ethnic origin.
(6) Child labor. The manufacturer or employer must not employ anybody younger than the legal age for children to work in the country in which the factory is located, and, regardless of the legal age, must not employ anybody younger than the age of fifteen (15).
(7) Forced labor. The manufacturer or employer does not use forced labor of any kind, i.e., prison labor, indentured labor, or bonded labor.
(Ord. 35-1990, eff. 12-28-90; Am. Ord. 32-1997, eff. 10-16-97; Am. Ord. 18-1998, eff. 7-27-98; Ord. 21-2004, § 5, eff. 12-2-04)
