This chapter shall be known as the "Purchasing Ordinance of
the Borough of Wharton."
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein:
CONTRACTUAL SERVICES
Includes all telephone, gas, water, electric light and power
service, repair or maintenance of equipment, machinery and other Borough-owned
personal property. It shall not include professional and other contractual
services which are by their nature unique and not subject to bidding
under the laws of New Jersey.
EMERGENT
The need for prompt action to protect the public health,
safety, or welfare or infrastructure of the Borough.
SUPPLIES
Includes all supplies, materials and equipment.
USING AGENCY
Any department or other unit, the various boards in the Borough
government using supplies or procuring contractual services as provided
for in this chapter.
The Department of Purchasing shall be a part of the office of
the Administrator of the Borough unless or until the Borough Council
shall authorize the establishment of a separate purchasing department.
The agent shall have the power, and it shall be his duty to:
A. Purchase or contract for all supplies and contractual services needed
by any using agency of the Borough, in accordance with Local Public
Contracts Law (N.J.S.A. 40A:11-1 et seq. and N.J.A.C. 5:34-6.1 et
seq.) and purchasing procedure as prescribed by this chapter and such
rules and regulations as the Mayor and Council shall adopt for the
internal management and operation of the purchasing procedure.
B. Except as herein provided, it shall be unlawful for a using agency
or an individual to order or purchase any supplies or make any contract
within the purview of this chapter other than through the purchasing
agent.
C. Any purchase order 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.
D. In addition to the purchasing authority conferred in Subsection
C above and in addition to any other powers and duties conferred by this chapter, the agent should:
(1) Endeavor to obtain full and open competition insofar as possible
on all purchases and sales.
(2) Prescribe and maintain such forms as shall be reasonable necessary
to the operation of this chapter.
(3) Prepare, adopt and maintain a systematic catalog file.
(4) Take full advantage of all discounts, including those earned by bulk
and volume purchasing.
(5) Act so as to procure for the Borough all federal and state tax exemptions
to which it is entitled.
(6) Recommend to the Borough Council to declare vendors who default on
their quotations irresponsible bidders and to disqualify them from
receiving any business from the Borough for a stated period of time,
as recommended by the purchasing agent and approved by the Borough
Council.
(7) Perform any and all functions necessary to fulfill the purpose and
intent of this chapter.
All purchase 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 using agencies shall submit to the agent, at the times and
in such form as he shall prescribe, reports showing stocks of all
supplies which are no longer used or which have become obsolete, worn
out or scrapped. The agent shall submit to all departments, prior
to the sale of surplus materials as described below, a list of items
no longer required to determine if they can use any of the equipment,
parts and supplies listed.
A. Surplus stock. The agent shall have the authority to transfer surplus
stock to other using agencies.
B. Sale; exchange of unsuitable supplies. The agent shall have the authority
to sell all supplies which have become unsuitable for public use or
to exchange the same for or trade in the same on new supplies. Sales
under this subsection shall be made to the highest responsible bidder.
A record of each sale shall be made and placed on file in the Administrator's
office.
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.