[Adopted 6-21-2005 by Ord. No. 8-6-2005]
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
Township Council deems 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.
The Township of Evesham, or any agency or instrumentality
thereof, shall not enter into a contract, including a professional
services contract, or such other contract which is exempt from public
bidding requirements, having an anticipated value in excess of $10,000
as determined by the municipality, agency or instrumentality, with
a business entity, except a contract that is awarded pursuant to a
fair and open process if, during the preceding one-year period, that
business entity has made a contribution that is reportable by the
recipient under N.J.S.A. 19:44A-1 et seq., to any municipal committee
of a political party in that municipality if a member of that political
party is serving in an elective public office of that municipality
when the contract is awarded or to any candidate committee of any
person serving in an elected public office of that municipality when
the contract is awarded. The fair and open process shall be quality-based
and shall be as follows:
A.
Professional services maybe awarded by virtue of a
publicly advertised request for qualifications ("RFQ") and/or request
for proposals ("RFP") which will be issued as one document for those
appointments which are made on an annual basis, such as, but not limited
to, the positions of Township Attorney, Township Engineer, Township
Planner, Planning Board Attorney, Planning Board Engineer, and such
similar statutory and/or ordinance public positions.
B.
For said positions, no contract shall be awarded,
unless and until the positions are:
(1)
Publicly advertised in newspapers in sufficient time
to give notice in advance of the solicitation for the contracts;
(2)
Awarded under a process that provides for public solicitation
of proposals and qualifications;
(3)
Awarded and disclosed under criteria established in
writing by the Township of Evesham prior to the solicitation of proposals
or qualifications; and
(4)
Publicly announced when awarded; and as to those RFQs
and RFPs which prove to be unsuccessful, the Municipal Clerk shall
retain a copy of same on file for a period of not less than 60 days.
C.
For contracts which arise on an occasional basis,
such as appraisals needed for the acquisition of farmland and/or open
space, as well as title searches, surveying, and similar work associated
with same; and comparable assignments, such planning services needed
for Master Plan updates, appraisals, special counsel, special project
engineer contracts, etc., professional services contracts may be awarded
without following the foregoing provisions, so long as:
(1)
The anticipated value does not excess the threshold
of $17,500 set forth above; and
[Amended 3-18-2014 by Ord. No. 4-3-2014[1]]
[1]
Editor’s Note: This ordinance also stated that the threshold
value was amended in accordance with N.J.S.A. 19:44A-1 et seq., the
Campaign Contributions and Expenditures Reporting Act (CCERA).
(2)
The Township Manager makes every effort to solicit
at least two proposals for said work.
A Departmental Review Committee shall be established
by the Township Manager, consisting of not less than two persons,
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, quoted fee and other relevant
factors in making a recommendation of award to the Township Manager
and Township Council; and the Township Manager 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.
