[HISTORY: Adopted by the Mayor and Council
of the Borough of Middlesex 12-26-1962 by Ord. No. 357. Amendments
noted where applicable.]
This chapter shall be known and may be cited
as the "Purchasing Ordinance of the Borough of Middlesex."
For the purposes of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
given herein:
The Borough of Middlesex.
The Purchasing Agent of the Borough of Middlesex.
The Finance Committee of the Borough of Middlesex.
Includes all telephone, gas, water, electric light and power
service, insurance, rental, repair or maintenance of equipment, machinery
and other Borough-owned personal property. The term shall not include
professional and other contractual services which are in the nature
unique and are not subject to competition.
The Chairman of the Councilmanic Committee of the using agency,
which said Councilmanic Committee shall, as a condition precedent
to reference of any particular item to the Borough Purchasing Agent,
approve the request of the using agency and prepare or approve the
specifications concerning the item to be purchased.
[Amended 5-13-1964 by Ord. No. 384]
The Mayor and Council of the Borough of Middlesex.
Includes all supplies, materials and equipment.
Any department, agency, commission, bureau or other unit
in the Borough government using supplies or procuring contractual
services as provided for in this chapter.
There is hereby established in the administrative
and executive service of the Borough, the Purchasing Department, and
in said Department, the office of Borough Purchasing Agent.
The Borough Purchasing Agent shall be the head
and have general supervision of the Purchasing Department. The Agent
shall perform all duties required of a department head by law, and
shall have the powers and duties prescribed by this chapter.
A.
The Agent shall:
(1)
Be appointed in accordance with the personnel regulations
of the Borough of Middlesex.
B.
The Agent shall have the power and it shall be his
duty:
(1)
To purchase or contract for all supplies and contractual
services needed by any using agency of the Borough, in accordance
with purchasing procedure as prescribed by this chapter and such rules
and regulations as the Agent shall adopt for the internal management
and operation of the Purchasing Department.
(a)
The authority of the Agent at this time, shall
not include construction of buildings, street improvements, parks
and other related projects.
(b)
Except as herein provided, it shall be unlawful
for any Borough officer, officers or employee to order or purchase
any supplies or make any contract within the purview of this chapter
other than through the Purchasing Department, and any purchase ordered
or contract made contrary to the provisions hereof shall not be approved
by the Borough Purchasing Agent and the Borough shall not be bound
thereby.
C.
In addition to the purchasing authority conferred in Subsection B above and in addition to any other powers and duties conferred by this chapter, the Agent shall:
(1)
Act to procure for the Borough the highest quality
in supplies and contractual services at the least expense to the Borough.
(2)
Discourage uniform bidding and endeavor to obtain
as full and open competition as possible on all purchases and sales.
(3)
Establish and amend when necessary, all rules and
regulations authorized by this chapter and any other necessary to
its operation.
(4)
Keep informed of current developments in the field
of purchasing, prices, market conditions and new products and secure
for the Borough the benefits of research done in the field of purchasing
by other governmental jurisdictions, national technical societies,
trade business and organizations.
(5)
Prescribe and maintain such forms as he shall find
reasonably necessary to the operation of this chapter.
(6)
Prepare, adopt and maintain a vendor's catalog file.
Said catalogs shall be filed according to materials and shall contain
descriptions of vendor's commodities.
(7)
Exploit the possibilities of buying in bulk so as
to take full advantage of discounts.
(8)
Act so as to procure for the Borough all federal tax
exemptions to which it is entitled.
(9)
Have the authority to declare vendors, who default
on their quotations, irresponsible bidders and to disqualify them
from receiving any business from the municipality for a stated period
of time.
(10)
Prepare and adopt a standard purchasing nomenclature
for using agencies and suppliers.
A.
All using agencies either by or with the authorization
of the head of the department under which the using agency operates,
shall file with the Agent detailed requisitions or estimates of their
requirements in supplies and the contractual services in such manner,
at such times, and for such future periods as the Agent shall prescribe.
B.
The Agent shall examine each requisition or estimate
and shall have the authority to revise it as to quantity, quality,
or estimated costs; but revision as to quality shall be in accordance
with the standards and specifications established pursuant to this
chapter.
Except in case of emergency the Agent shall
not issue any order for the delivery on a contract or open market
purchase unless there are sufficient funds, after preaudit, that there
is to the credit of the using agencies concerned, a sufficient unencumbered
appropriation balance in excess of all unpaid obligations, to defray
the amount of such order.
A.
Any purchase order or contract within the purview
of this chapter in which any officer or employee of the Borough is
financially interested, directly or indirectly, shall be void, except
that before the execution of a purchase order or contract the Council
shall have the authority to waive compliance with this section when
it finds such action to be in the best interests of the Borough.
B.
The Agent and every officer and employee of the Borough
are expressly prohibited from accepting directly or indirectly, from
any person, company, firm or corporation to which any purchase order
or contract is or might be awarded, any rebate, gift, money or anything
of value whatsoever, except where given for the use and benefit of
the Borough.
All purchases of and contracts for supplies
and contractual services and all sales of obsolete equipment shall,
except as specifically provided herein, be based wherever possible
on competitive bids.
[Amended 7-22-1980 by Ord. No. 876]
All supplies and contractual services except
as otherwise provided herein, when the estimated cost thereof shall
exceed $4,500, shall be purchased by formal, written contract from
the lowest responsible bidder, after due notice inviting proposals
as required by the Revised Statutes of New Jersey.
A.
When deemed necessary by the Agent, bid deposits shall
be prescribed in the public notices inviting bids. Unsuccessful bidders
shall be entitled to return of surety where the Agent has required
such. A successful bidder shall forfeit any surety required by the
Agent upon failure on his part to enter a contract within 10 days
after the award.
C.
The Agent or the Mayor and Council shall have the
authority to reject all bids, parts of all bids, or all bids for any
one or more supplies or contractual services included in the proposed
contract, when the public interest will be served thereby.
D.
Award of contract.
(1)
The Agent shall not award the bid of a contractor
or supplier who is in default on the payment of taxes, licenses or
other moneys due the Borough.
(2)
Contracts shall be awarded to the lowest responsible
bidder. In determining the lowest responsible bidder, in addition
to price, the Agent shall consider:
(a)
The ability, capacity and skill of the bidder
to perform the contract or provide the service required.
(b)
Whether the bidder can perform the contract
or provide the service promptly, or within the time specified, without
delay or interference.
(c)
The character, integrity, reputation, judgment,
experience and efficiency of the bidder.
(d)
The quality of performance of previous contracts
or services.
(e)
The previous and existing compliance by the
bidder with laws and ordinances relating to the contract or services.
(f)
The sufficiency of the financial resources and
ability of the bidder to perform the contract or provide the service.
(g)
The quality, availability and adaptability of
the supplies or contractual services to the particular use required.
(h)
The ability of the bidder to provide future
maintenance and service for the use of the subject of the contract.
(3)
When the award is not given to the lowest bidder,
a full and complete statement of the reasons for placing the order
elsewhere shall be prepared by the Agent and filed with the other
papers relating to the transaction.
(5)
The Agent shall have the authority to require a performance
bond, before entering a contract, in such amount as he shall find
reasonably necessary to protect the best interests of the Borough.
E.
No contract or purchase shall be subdivided to avoid
the requirements of this section.
[Amended 5-13-1964 by Ord. No. 384; 2-24-1976 by Ord. No. 705; 7-22-1980 by Ord. No. 876]
All purchases of supplies and contractual services of less than the estimated value of $4,500 shall be made in the open market without newspaper advertisement and without observing the procedure prescribed by § 88-9 for the award of formal contracts.
A.
All requisitions having an estimated dollar value
in excess of $300 shall be approved by the Councilmanic Chairman of
the using agency or the Purchasing Agent.
B.
Requisitions having an estimated value in excess of
$500 shall be approved by the Chairman and one other member of the
Finance Committee. In the event that the Chairman is on vacation or
out of town on business, requisitions under this section shall be
approved by two members of the Finance Committee.
C.
Certain everyday limited purchases may now be obtained
without purchase orders from designated vendors and charged to a Borough
account, in accordance with the following rules, which shall apply
to all blanket purchasing:
(1)
The Purchasing Agent will establish a list of blanket
order vendors and only these vendors will be utilized.
(2)
The Purchasing Agent will issue a blanket order in
the amount of $50 for each department to each vendor. As each purchase
order is used up, it will be replaced by another fifty-dollar blanket
order.
(3)
The employee who picks up the item will be required
to tell the vendor that the name of the department as well as "Borough
of Middlesex" must appear on the invoice.
(4)
A pickup slip or invoice copy must be obtained by
the Borough employee when material is purchased. The slip shall bear
the approval of the department head as well as the department budget
line and shall be forwarded to the Purchasing Agent.
(5)
The vendor will be required to submit a monthly voucher
listing all invoices thereon, including a copy of each invoice, and
send all to the Borough Purchasing Agent.
Emergency purchases shall be made as follows:
B.
By the department head.
(1)
In case of actual emergency and with the consent of
the Agent, insofar as there are sufficient funds, the head of any
using agency may purchase directly any supplies whose immediate procurement
is essential to prevent delays in the work of the using agency which
may vitally affect the life, health or convenience of citizens.
(2)
The head of such using agency shall send to the Agent
a requisition and a copy of the delivery record together with a full
written report of the circumstances of the emergency. The report shall
be filed with the Mayor and Council as provided in § 88-11A(2)
above.
(3)
The Agent shall prescribe by rules and regulations
the procedure under which emergency purchases by heads of using agencies
may be made.
The Agent and the head of the using agency shall
inspect, or supervise the inspection of, all deliveries of supplies
or contractual services, to determine their conformance with the specifications
set forth in the order or contract.
