[HISTORY: Adopted by the Township Committee of the Township
of Elk 2-3-2011 by Ord. No. O-1-2011. Amendments noted where applicable.]
GENERAL REFERENCES
Contracts — See Ch. 8.
Under the direction of the Township's CMFO, there shall
be established a Division of Purchasing, the head of which shall be
the Qualified Purchasing Agent appointed by the Township Committee,
who shall be qualified by both training and experience in accordance
with N.J.S.A. 40A:11-9.
A.
The Qualified Purchasing Agent shall:
(1)
Prepare and enforce specifications for the purchase of materials
and supplies. For purchases which require public bidding, or solicitation
of quotations for amounts more than 50% of the current statutory bid
threshold, specifications must be approved by resolution prior to
the issuance, publication or release of said specifications and prior
to the request for receipt of bids.
(2)
Advertise for bids and seek quotations on prices for the purchase
of materials and supplies.
(3)
Receive bids and quotations and make appropriate recommendations
to the Township Committee.
(4)
Prepare contractual and related documentation for the approval of
the Township Committee and supervise the execution of the same.
(5)
Administer the performance of all municipal contracts.
(6)
Inspect or supervise the inspection of all materials and supplies,
the rendition of contractual services and determine their quality,
quantity and conformity with specifications.
(7)
Manage any central storeroom or storerooms or warehouse or warehouses
that exist or may be established by the Township.
(8)
Purchase, store and distribute all materials and supplies and contract
for all services required by any Township department, office or agency.
(9)
Arrange and supervise the sale of Township personal property or property
in the possession of the Township, pursuant to law.
(10)
Supervise and administer all joint purchasing agreements between
the Township and other contracting units of the State of New Jersey.
(11)
Prepare prebid specifications, regulations and standard questionnaires
for bidders, subject to the approval of the Township Committee.
(12)
Use the fair and open process approved by the governing body
according to N.J.S.A. 19:44A-1 et seq., to recommend the award of
a contract for any purchase over $17,500 and up to the bid threshold.
(13)
Perform such other duties as directed by the Chief Municipal
Finance Officer.
B.
Public bidding procedure.
(1)
All purchases shall conform to the provisions of the Local Public
Contracts Law and any regulation issued thereunder. All purchase contracts
of $26,000 or more shall conform to the requirements of public bidding
in the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., and
related Procurement Laws, P.L. 1999, c.440. When the Township appoints
and employs a Qualified Purchasing Agent, as established in N.J.S.A.
40A:11-9b, the bid threshold in effect will be adjusted to $36,000.
(2)
In those circumstances pursuant to N.J.S.A. 40A:11-4 exceeding $36,000
which require public bidding, only the Township Committee shall award
such a contract.
C.
The Purchasing
Agent is authorized to advertise for and receive bids in connection
with all purchases, contracts or agreements, in accordance with the
provisions of the Local Public Contracts Law. The Township Committee
shall be the contracting agent and shall award such contracts and
purchases as may be recommended by the Purchasing Agent.
D.
The Purchasing
Agent shall determine the method of presenting bids, except that such
method shall be confined to either personal presentation at bid opening
or by registered mail. In either case, the method shall be stated
in the public advertisement and, if by registered mail, proper safeguards
shall be provided to ensure the security of bids. Bids received after
the time stated in the advertisement shall be considered as nonresponsive
and shall be returned unopened to the sender.
E.
All bids
will be opened by the Purchasing Agent, or his/her designee, in public
in accordance with the bid specifications and applicable law. A record
shall be kept of the bid openings, and the same shall be available
to the public.
F.
Following
review and evaluation of the bids, the Purchasing Agent shall recommend
the lowest qualified bidder to the Township Committee, which shall
award the contract or take such other action as it deems proper.
Should any section, clause, sentence, phrase or provision of
this chapter be declared unconstitutional or invalid by a court of
competent jurisdiction, such decision shall not affect the remaining
portions of this chapter.
All prior ordinances or parts of ordinances inconsistent with
this chapter be and the same are hereby repealed to the extent of
such inconsistencies.
This chapter shall take effect immediately upon final passage
and publication in accordance with law.
