[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]
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:
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.
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.
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.
A.
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.
(1)
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.
(2)
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.
B.
In addition to the purchasing authority conferred herein
and in addition to any other requirements stipulated by this chapter, the
Central Purchasing Office shall:
(1)
Procure for the Township the highest quality in supplies
and services commensurate with the requirements of the job at the lowest possible
prices.
(2)
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.
(3)
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.
(4)
Maintain a vendors catalog file arranged according to
materials and containing descriptions of vendors' commodities.
(5)
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.
(6)
Be responsible for procedures for obtaining all discounts
available through volume or bulk procurement and, where possible, through
prompt payment.
(7)
Obtain for the Township all federal and state tax exemptions
to which it is entitled.
(8)
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
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]]
(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.).[2]
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[3]]
