This chapter shall be known and may be cited
as the "Purchasing Ordinance of the Borough of North Arlington."
For the purposes of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
given herein:
BOROUGH
The Borough of North Arlington.
COMMITTEE
The Committee of Specifications of the Borough of North Arlington.
CONTRACTUAL SERVICES
Includes all telephone, gas, water, electric light and power
service, repair or maintenance of equipment, machinery and other Borough-owned
personal property. The term shall not include professional and other
contractual services which are by their nature unique and not subject
to competition.
SUPPLIES
Includes all supplies, materials and equipment.
USING AGENCY
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 Borough of
North Arlington 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 according to the laws of the State of
New Jersey.
(2) Have experience as a buyer or in responsible purchasing
work involving the procurement of a variety of supplies, materials
and equipment; have graduated from a four-year college with specialization
in business and public administration or an equivalent combination
of experience and training.
(3) Be bonded in the amount of $5,000.
B. The Agent shall have the power and it shall be his/her
duty to purchase or contract for all supplies and contractual services
needed by any using agency of the Borough, in accordance with the
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.
(1) The authority of the Agent, at this time, shall not
include construction of buildings, street improvements, parks and
other related projects.
(2) Except as herein provided, it shall be unlawful for
any Borough officer, officers or employees 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
full and open competition insofar as possible on all purchases and
sales.
(3) Establish and amend, when necessary, all rules and
regulations authorized by this chapter and any others 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 businesses and organizations.
(5) Prescribe and maintain such forms as he/she 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, as recommended by the Purchasing Agent and approved by the
Mayor and Council.
(10) Prepare and adopt a standard purchasing nomenclature
for using agencies and suppliers.
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.
All supplies and contractual services, except
as otherwise provided herein, when the estimated cost thereof shall
exceed $2,500, 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 the return of surety where the Agent has required
such. A successful bidder shall forfeit any surety required by the
Agent upon failure on his/her part to enter a contract within 10 days
after the award.
B. Bid opening procedure.
(1) Sealed bids shall be presented to the Agent or the
Mayor and Council and shall be identified as bids on the envelope.
(2) Bids shall be opened in public at the time and place
stated in the public notice.
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 the price, the Agent shall consider:
(a)
The ability, capability 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 service.
(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.
(4) Tie bids.
(a)
If all bids received are for the same total
amount or unit price, quality and service being equal, the contract
shall be awarded to a local bidder.
(b)
Where Subsection
D(4)(a) is not in effect, the Agent shall award the contract to one of the tie bidders by drawing lots in public.
(5) The Agent shall comply with the local public contracts
law of the State of New Jersey in requiring performance bonds before
entering into a contract.
All purchases of supplies and contractual services of less than the estimated value of $2,500 shall be made in the open market without newspaper advertisement and without observing the procedure prescribed by §
62-8 for the award of formal contracts.
A. All requisitions having an estimated dollar value
up to $200 shall be approved by a department head.
B. All requisitions having an estimated dollar value
in excess of $200 but not more than $500 shall be approved by the
Councilmanic Chair of the using agency.
C. Requisitions having an estimated value in excess of
$500 shall be approved by a majority of the Mayor and Council.
(1) All open market purchases shall, whenever possible, be based on at least three competitive bids and shall be awarded to the lowest responsible bidder in accordance with the standards set forth in §
62-8 above.
(2) The Agent shall solicit bids by:
(a)
Direct mail request to prospective vendors.
(3) The Agent shall keep a record of all open market orders
and bids submitted in competition thereon.
Emergency purchases shall be made as follows:
A. By the Agent.
(1) In case of an apparent emergency which requires immediate
purchase of supplies or contractual services, the Agent shall secure
by open market procedure as herein set forth, at the lowest obtainable
price, any supplies or contractual services, the amount of the expenditure
not to exceed $500.
(2) A full report of the circumstances of an emergency
purchase shall be filed by the Agent with the Mayor and Council and
shall be entered in the minutes of the Council.
B. By the department head. In case of actual emergency
and with the consent of the Agent, 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.
(1) The head of such using agency shall send to the Agent a requisition and a copy of the delivery record, together with a full report of the circumstances of the emergency. The report shall be filed with the Mayor and Council as provided in Subsection
A(2) above.
(2) The Agent shall prescribe by rules and regulations
the procedure under which emergency purchases by heads of using agencies
may be made.
The Agent shall have the authority to join with
other units of government in cooperative purchasing plans as stated
in the Revised Statutes of the State of New Jersey when the best interests
of the Borough could be served thereby.