[Adopted 10-10-2006 by Ord. No. 2006-4]
It is the purpose of this article is to award contracts in accord
with provisions adopted by the State Legislature and codified at N.J.S.A.
19:44A-20.5, which became effective on January 1, 2006.
Professional service contracts shall be awarded pursuant to
the Local Public Contracts Law at N.J.S.A. 40A:11-5(1)(a)(i), which
requires the passage of a resolution and publication of notice of
award, including a description of the nature, duration, service and
amount of the contract.
In accord with enabling legislation codified at N.J.S.A. 19:44A-20.5
taking effect on that date, the Township of Washington or any agency
or instrumentality thereof shall not enter into a contract, including
a professional service contract, having an anticipated value in excess
of $17,500 as determined by the municipality, agency or instrumentality,
with a business entity, except a contract that is awarded pursuant
to a fair and open process, if, during the preceding one-year period,
that business entity has made a contribution that is reportable by
the recipient under N.J.S.A. 19:44A-1 et seq. to any municipal committee
of a political party in that municipality if a member of that political
party is serving an elective public office of that municipality when
the contract is awarded or to any candidate committee of any person
serving in an elective public office of that municipality when the
contract is awarded.
At the discretion of and by motion of the governing body, in
addition to the general requirements of the Local Public Contracts
Law at N.J.S.A. 40A:11-5(1)(a), professional service contracts may
be sought and awarded by the governing body under the following competitive,
quality-based, fair and open process:
A. Professional services contracts may be awarded by virtue of a combined
publicly advertised request for qualifications (RFQ) and request for
proposals (RFP) which will be issued as one document for professional
service appointments.
B. For instances where the governing body elects to undertake this additional
process, no contract shall be awarded, unless and until the positions
are:
(1) In accordance with the statute, advertised on the Township's
webpage or once in the official newspaper in sufficient time to give
notice in advance of the solicitation for the contracts;
(2) Awarded under a process that provides for public solicitation of
proposals and qualifications;
(3) Awarded and disclosed under criteria established in writing by the
Township prior to the solicitation of proposals or qualifications;
and
(4) Publicly announced when awarded.
C. As to those
RFQs and RFPs which do not receive response, the Municipal Clerk shall
retain a copy of same on file for a period of not less than 60 days.
A review subcommittee shall be established consisting, as determined
by the Committee, of either two members of the Township Committee
or one member of the Township Committee and the Township Administrator,
to prepare, process and evaluate any RFQ and/or RFP issued pursuant
to the contracting procedures set forth above. Said subcommittee shall
evaluate the respective qualifications and/or proposals, taking into
consideration the designated qualifications and/or performance criteria,
experience, quoted fee and other relevant factors in making a recommendation
of award to the Township Committee; and the review subcommittee may,
in its sole discretion, conduct negotiations with qualified vendors
after receipt of proposals, in order to achieve the best possible
contract terms and conditions for the Township and its taxpayers.
Notwithstanding the foregoing, The Township Committee recognizes
that the New Jersey Legislature has provided for the occurrence of
certain emergencies, and further recognizes that, therefore, the procedure
outlined above, even if initially instituted and pursued on motion,
might not be capable of being achieved in the event of an emergency
or similar time constraints. Thus, should a situation arise, and time
does not permit resort to this procedure, and the immediate performance
of services is necessary, then an award for same may be made in accordance
with the provisions of the Local Public Contracts Law relating to
emergency contracts, and such rules and regulations as may be promulgated,
from time to time, by the Township Committee with regard to same.
No such emergency contracts, however, may be awarded without submission
to the Township Clerk of a certification establishing the basis for
the deviation from normal bid procedures or the additional procedures
set forth by this article.