[HISTORY: Adopted by the Township Committee of the Township of Washington as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-10-2006 by Ord. No. 2006-4]
It is the purpose of this article is to award contracts in accord with provisions adopted by the State Legislature and codified at N.J.S.A. 19:44A-20.5, which became effective on January 1, 2006.
Professional service contracts shall be awarded pursuant to the Local Public Contracts Law at N.J.S.A. 40A:11-5(1)(a)(i), which requires the passage of a resolution and publication of notice of award, including a description of the nature, duration, service and amount of the contract.
In accord with enabling legislation codified at N.J.S.A. 19:44A-20.5 taking effect on that date, the Township of Washington or any agency or instrumentality thereof shall not enter into a contract, including a professional service contract, having an anticipated value in excess of $17,500 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 an elective public office of that municipality when the contract is awarded or to any candidate committee of any person serving in an elective public office of that municipality when the contract is awarded.
At the discretion of and by motion of the governing body, in addition to the general requirements of the Local Public Contracts Law at N.J.S.A. 40A:11-5(1)(a), professional service contracts may be sought and awarded by the governing body under the following competitive, quality-based, fair and open process:
Professional services contracts may be awarded by virtue of a combined publicly advertised request for qualifications (RFQ) and request for proposals (RFP) which will be issued as one document for professional service appointments.
For instances where the governing body elects to undertake this additional process, no contract shall be awarded, unless and until the positions are:
In accordance with the statute, advertised on the Township's webpage or once in the official newspaper in sufficient time to give notice in advance of the solicitation for the contracts;
Awarded under a process that provides for public solicitation of proposals and qualifications;
Awarded and disclosed under criteria established in writing by the Township prior to the solicitation of proposals or qualifications; and
Publicly announced when awarded.
As to those RFQs and RFPs which do not receive response, the Municipal Clerk shall retain a copy of same on file for a period of not less than 60 days.
A review subcommittee shall be established consisting, as determined by the Committee, of either two members of the Township Committee or one member of the Township Committee and the Township Administrator, to prepare, process and evaluate any RFQ and/or RFP issued pursuant to the contracting procedures set forth above. Said subcommittee shall evaluate the respective qualifications and/or proposals, taking into consideration the designated qualifications and/or performance criteria, experience, quoted fee and other relevant factors in making a recommendation of award to the Township Committee; and the review subcommittee may, in its 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.
Notwithstanding the foregoing, The Township Committee recognizes that the New Jersey Legislature has provided for the occurrence of certain emergencies, and further recognizes that, therefore, the procedure outlined above, even if initially instituted and pursued on motion, 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 Committee with regard to same. No such emergency contracts, however, may be awarded without submission to the Township Clerk of a certification establishing the basis for the deviation from normal bid procedures or the additional procedures set forth by this article.
Editor's Note: See N.J.S.A. 40A:11-6.