[Amended 1-30-1984 by Ord.
No. 84-1]
A. There is hereby established a Central Purchasing Office.
B. 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.
SUPPLIES
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.
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.
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. 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.
B. 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.
C. The governing body may prescribe additional rules and
procedures to implement the requirements of this section.
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.
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
A. 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]
(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.
(2) 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.
(3) 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.
(4) 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.).
B. 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]