[HISTORY: Adopted by the Township Committee of the Township of Pennsauken 3-13-1978 by Ord. No. 78-3 as Ch. 11 of the 1977 Code. Amendments noted where applicable.]
[Amended 1-30-1984 by Ord. No. 84-1]
There is hereby established a Central Purchasing Office.
The Municipal Administrator will act as Purchasing Agent for the Township of Pennsauken and will assume the duties and responsibilities of operating the Central Purchasing Office. The Municipal Administrator, acting as Purchasing Agent, will delegate those duties and responsibilities to the staff of the Central Purchasing Office as deemed necessary for the efficient and effective operation of the Central Purchasing Office. The Municipal Administrator, acting as Purchasing Agent, will report directly to the Township Committee concerning the operation of the Central Purchasing Office.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings herein given:
- CONTRACTUAL SERVICES
- Construction rentals; leases for all grounds, buildings, office or other space required by the using agency; and the repair and/or maintenance of equipment, machinery and other Township-owned property.
- NONCOMPETITIVE SERVICES
- Includes all telephone, gas, water, electric and power services and professional and other contractual services which are in their nature unique and not subject to competition.
- Includes all supplies, materials, commodities and equipment.
- USING AGENCY
- Includes all departments, boards and committees of the Township governing body, but shall not include the Board of Education; however, said Board may avail itself of the purchasing services provided by the Central Purchasing Office in areas of mutual benefit.
The Central Purchasing Office is hereby authorized to and shall purchase or contract for all supplies, materials and services required by any using agency in accordance with the purchasing procedures as set forth herein and with such other rules and regulations as may be approved by the Township Committee.
Except as herein provided, Township officers or employees shall not order or purchase any supplies or make any contract within the purview of this chapter other than through the Central Purchasing Office, and any purchase ordered or contract made contrary to the provisions hereof, or any procedure, rule or regulation approved by the Township Committee in reference thereto, shall not be approved by the Township Committee and the Township shall not be bound thereby.
The provisions herein shall not apply to the use of any moneys received by the Board of Trustees of the Free Public Library of the Township of Pennsauken pursuant to N.J.S.A. 40:54-8, which moneys are not in the annual budget of the Township.
In addition to the purchasing authority conferred herein and in addition to any other requirements stipulated by this chapter, the Central Purchasing Office shall:
Procure for the Township the highest quality in supplies and services commensurate with the requirements of the job at the lowest possible prices.
Obtain full and open competition on all procurements except noncompetitive services. It shall be the obligation of the Purchasing Agent, whenever there is evidence of collusive bidding, to report this fact with all data to the Township Committee for possible action against the collusive bidders.
Maintain information on current developments in the field of purchasing, prices, market conditions and new products and secure for the Township the benefits of research done in the field of purchasing by other government jurisdictions, national technical societies, trade organizations having national recognition and private businesses and organizations.
Maintain a vendors catalog file arranged according to materials and containing descriptions of vendors' commodities.
Prepare and secure, with the cooperation of the using agencies, standardized requirements of qualities and of the specifications for supplies, as defined herein, to be purchased or placed under contract or agreement and establish and maintain adequate permanent records, including requisitions, orders for supplies, bids, reports and the like.
Be responsible for procedures for obtaining all discounts available through volume or bulk procurement and, where possible, through prompt payment.
Obtain for the Township all federal and state tax exemptions to which it is entitled.
Make known to the Township Committee all vendors who repeatedly default on price, material and/or delivery with recommendations to the Township Committee for its action.
All using agencies, whether by or with the authorization of the head of the department under which the using agency operates, shall file with the Central Purchasing Office detailed requisitions or estimates of their requirements for supplies and services in such manner, at such times and for such future use as shall be required by the Central Purchasing Office; however, a using agency shall not be prevented from filing with the Central Purchasing Office at any time a requisition for any supplies and services, the need for which was not foreseen when the detailed estimates were filed.
The supervisor or head of each using agency shall file with the Central Purchasing Office the names of the persons in the using agency who shall be authorized to approve purchase requisitions for supplies and services.
No purchase requisition from using agencies for supplies, as defined herein, shall be honored by the Purchasing Agent unless such requisition shall have been approved by the supervisor or head of the using agency from which such requisition emanates or by such person as said supervisor or head shall designate for that purpose.
The Purchasing Agent shall cause an examination to be made of each purchase requisition and/or estimate received from using agencies to determine its validity.
No purchase requisition or estimate emanating from one using agency is to be charged to another using agency unless and until such requisition or estimate shall be approved by the using agency to be so charged.
Any purchase order or contract within the scope of this chapter in which any officer or employee of the Township is financially interested, directly or indirectly, shall be void, except that, before the execution of a purchase order or contract, the Township Committee shall have the authority to waive compliance with this section when it finds such action to be in the best interests of the Township.
There shall be allocated to the Purchasing Agent a petty cash revolving fund to be used, where applicable, to pay for purchases not in excess of $25 each made by the heads of using agencies or their authorized delegates. It is intended that this petty cash revolving fund be used for the procurement of small-value incidental items with the approval of the Purchasing Agent. This system is not to be used for the purchase of constantly repetitive items nor shall this system be used to circumvent the purchasing rules established in this chapter.
At any regular meeting of the Township Committee, the Purchasing Agent shall render to the Township Treasurer a statement, with supporting bills, showing the actual expenditures for each using agency so made out of such petty cash revolving fund, and the Township Treasurer shall reimburse said revolving fund for such expenditures in the same manner as other expenditures of such using agency are paid.
The Purchasing Agent shall promulgate rules and regulations, as approved by the Township Committee, for the use of and administration of the petty cash revolving fund.
The head of a using agency shall have the authority to submit requisitions to the Purchasing Agent for supplies available under the terms of an agreement made by the Purchasing Office, and when any supplies not covered by an agreement are required, it shall be the responsibility of the Purchasing Agent to obtain such supplies in accordance with the relevant provisions of this chapter. Normally, solicitations for purchases shall be originated by the Central Purchasing Office.
Any purchase, contract or agreement may be made, negotiated or awarded without public advertising for bids and bidding therefor, notwithstanding that the cost or contract price will exceed the amount set forth in, or the amount calculated by the Governor pursuant to, Section 3 of P.L. 1971, c. 198 (N.J.S.A. 40A:11-3), when an emergency affecting the public health, safety or welfare requires the immediate delivery of the articles or the performance of the services, provided that the awarding or making of such purchases, contracts or agreements are made in the following manner:
A written requisition for the performance of such work or labor, or the furnishing of materials, supplies or services is filed with the contracting agent or deputy in charge describing the nature of the emergency, the time of its occurrence and the need for invoking this section, certified by the officer or director in charge of the department wherein the emergency occurred, or such other officer or employee as may be authorized to act in place of said officer or director, and the contracting agent or deputy in charge, being satisfied that the emergency exists, is hereby authorized to award a contract for said work or labor, materials, supplies or services.
Upon the furnishing of such work or labor, materials, supplies or services, in accordance with the terms of the contract or agreement, the contractor furnishing such work or labor, materials, supplies or services shall be entitled to be paid therefor, and the contracting unit shall be obligated for said payment. The governing body of the contracting unit shall take such action as shall be required to provide for the payment of the contract price.
The governing body may prescribe additional rules and procedures to implement the requirements of this section.
The Purchasing Agent shall cause an inspection to be made of deliveries of supplies or contractual services to determine their conformance with the specifications set forth in the order or contract.
The Purchasing Agent shall have the authority to authorize a using agency, having the staff and facilities for adequate inspections, to inspect deliveries made to such using agency under rules and regulations approved by the Township Committee.
The Purchasing Agent shall have the authority to require chemical and physical tests which are necessary to determine the quality and conformance with specifications of samples submitted with bids and samples of deliveries. In the performance of such tests, the Purchasing Agent shall have the authority to make use of laboratory facilities of any agency of the Township government or of any outside laboratory.
The using agency or person designated shall retain, for attaching to the payment voucher, delivery tickets, receipts or other reports indicating the quantity and/or quality of the supplies or services received, as appropriate, to confirm receipt.
All using agencies shall submit to the Central Purchasing Office, at such times and in such form as shall be prescribed by that agency, reports showing stocks of all supplies, as defined herein, which are in their possession and which are surplus, discarded, not required, obsolete, worn out or to be scrapped. The Central Purchasing Office shall have the authority to dispose of such supplies as hereinafter provided; however, the provisions set forth in this section shall not be construed as applying to the disposal of books or other philological materials by the Board of Trustees of the Free Public Library.
Supplies involving an estimated amount in excess of $500 may be sold to the highest bidder following the receipt of sealed bids received and opened not less than 10 days after public advertisement.
If the estimated value is determined by the Central Purchasing Office to be less than $500, such supplies may, without public advertisement, be sold for the highest responsible offers obtainable; provided, however, that a list of the supplies to be sold in this manner shall be posted in conspicuous places in at least two public buildings within the Township of Pennsauken and that invitations to bid may be extended to at least three persons, firms or corporations engaged in the regular business of selling and buying supplies of the class offered, and all bids shall be duly considered in making an award.
In the event that any supplies treated as surplus, discarded or unusable by one using agency can be used by another using agency, the Purchasing Agent is authorized to arrange for the transfer of such supplies for use in that using agency.
Supplies which are declared surplus may be traded in to the vendor as partial payment on the purchase of new supplies by the Purchasing Agent.
The Central Purchasing Office, upon the approval of the Township Committee, shall have the right to reject all bids received under this section and may resolicit bids or may sell the supplies at public auction.
The proceeds of all sales of supplies under this section shall be deposited immediately with the Township Treasurer, upon completion of the sale, for deposit in the Township cash account.
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.
Except as otherwise provided herein, when the estimated cost of supplies and contractual services shall exceeds the amount provided for in N.J.S.A. 40A:11-3, such supplies and contractual services 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.
[Amended 1-30-1984 by Ord. No. 84-1]
Bid deposits. When deemed necessary by the Purchasing 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 Purchasing Agent upon failure on his or her part to enter a contract within 10 days after the award.
Bid opening procedure. Sealed bids shall be presented to the Purchasing Agent or the Township Committee and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notice. The Purchasing Agent or the Township Committee shall have the authority to reject any bid, part of a bid or all bids for any one or more supplies or services included in the proposed contract when the public interest will be served thereby. The Purchasing Agent shall not award the bid to a contractor or supplier who is in default on the payment of taxes, licenses or other moneys due the Township. Contracts shall be awarded to the lowest responsible bidder as determined by the Purchasing Agent or Township Committee. In the case of tie bids, the award shall be to the local bidder, or if this does not apply, then by drawing lots in public.
Performance bonds. The Purchasing Agent shall have the authority to require a performance bond before entering a contract in such amount as the Purchasing Agent shall find reasonably necessary to protect the best interests of the Township.
Contracts over the amount provided for in N.J.S.A. 40A:11-3 may be awarded without competitive bidding as a professional service under the provisions of the Local Public Contract Law (N.J.S.A. 40A:11-1 et seq.) when the services are of such a qualitative nature as will not reasonably permit the drawing of specifications or the receipt of competitive bids. Such a contract must first be authorized by a resolution of the Township Committee and advertised as required by the statutes (N.J.S.A. 40A:11-1 et seq.).
All purchases of supplies and contractual services of less than the amount as provided in N.J.S.A. 40A:11-3 shall be made in the open market without newspaper advertisement and without observing the procedure prescribed by Subsection A above for the award of formal contracts.
[Amended 1-30-1984 by Ord. No. 84-1]