[Adopted 10-19-2005 by Ord. No. 2005-35]
It is the purpose of this article that, notwithstanding
that professional services contracts and certain other contracts for
goods and services are exempt from the competitive bidding requirements
of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., the
Mayor and Township Council deem it appropriate, and consistent with
the provisions of recently enacted New Jersey legislation, now codified
at N.J.S.A. 19:44A-20.1 et seq., to henceforth award such contracts
through a competitive, quality-based, fair and open process.
A Departmental Review Committee shall be established
by the Township Administrator, consisting of not less than two persons
(which may included the Administrator) to prepare, process and evaluate
any RFQ and/or RFP issued pursuant to the professional services contracting
procedures set forth above. Each Departmental Review Committee must
prepare, prior to a request for proposals, a written cost estimate
in order to allow for proper evaluation of the fee aspect of proposals.
Moreover, said Committee shall evaluate the respective qualifications
and/or proposals, taking into consideration the designated qualifications
and/or performance criteria, experience, reputation of vendor, quality
of services, quoted fee and other relevant factors in making a recommendation
of award to the Township Administrator, Mayor and Township Council;
and the Township Administrator may, in his/her sole discretion, conduct
negotiations with qualified vendors after receipt of proposals, in
order to achieve the best possible contract terms and conditions for
the Township and its taxpayers. No contract shall be awarded, however,
unless same is authorized by resolution duly adopted in public session
by the Township Council.
Notwithstanding the foregoing, the Township
Council recognizes that the New Jersey Legislature has provided for
the occurrence of certain emergencies, and further recognizes that,
therefore, the procedure outlined above might not be capable of being
achieved in the event of an emergency or similar time constraints.
Thus, should a situation arise, and time does not permit resort to
this procedure, and the immediate performance of services is necessary,
then an award for same may be made in accordance with the provisions
of the Local Public Contracts Law relating to emergency contracts, and such rules and regulations
as may be promulgated, from time to time, by the Township Council
with regard to same. No such emergency contracts, however, may be
awarded without submission to the Township Clerk of a certification
establishing a basis for the deviation from the procedures outlined
herein.