[HISTORY: Adopted by the Township Committee of the Township of Elk 2-3-2011 by Ord. No. O-1-2011. Amendments noted where applicable.]
Contracts — See Ch. 8.
Under the direction of the Township's CMFO, there shall be established a Division of Purchasing, the head of which shall be the Qualified Purchasing Agent appointed by the Township Committee, who shall be qualified by both training and experience in accordance with N.J.S.A. 40A:11-9.
The Qualified Purchasing Agent shall:
Prepare and enforce specifications for the purchase of materials and supplies. For purchases which require public bidding, or solicitation of quotations for amounts more than 50% of the current statutory bid threshold, specifications must be approved by resolution prior to the issuance, publication or release of said specifications and prior to the request for receipt of bids.
Advertise for bids and seek quotations on prices for the purchase of materials and supplies.
Receive bids and quotations and make appropriate recommendations to the Township Committee.
Prepare contractual and related documentation for the approval of the Township Committee and supervise the execution of the same.
Administer the performance of all municipal contracts.
Inspect or supervise the inspection of all materials and supplies, the rendition of contractual services and determine their quality, quantity and conformity with specifications.
Manage any central storeroom or storerooms or warehouse or warehouses that exist or may be established by the Township.
Purchase, store and distribute all materials and supplies and contract for all services required by any Township department, office or agency.
Arrange and supervise the sale of Township personal property or property in the possession of the Township, pursuant to law.
Supervise and administer all joint purchasing agreements between the Township and other contracting units of the State of New Jersey.
Prepare prebid specifications, regulations and standard questionnaires for bidders, subject to the approval of the Township Committee.
Use the fair and open process approved by the governing body according to N.J.S.A. 19:44A-1 et seq., to recommend the award of a contract for any purchase over $17,500 and up to the bid threshold.
Perform such other duties as directed by the Chief Municipal Finance Officer.
Public bidding procedure.
All purchases shall conform to the provisions of the Local Public Contracts Law and any regulation issued thereunder. All purchase contracts of $26,000 or more shall conform to the requirements of public bidding in the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq., and related Procurement Laws, P.L. 1999, c.440. When the Township appoints and employs a Qualified Purchasing Agent, as established in N.J.S.A. 40A:11-9b, the bid threshold in effect will be adjusted to $36,000.
In those circumstances pursuant to N.J.S.A. 40A:11-4 exceeding $36,000 which require public bidding, only the Township Committee shall award such a contract.
The Purchasing Agent is authorized to advertise for and receive bids in connection with all purchases, contracts or agreements, in accordance with the provisions of the Local Public Contracts Law. The Township Committee shall be the contracting agent and shall award such contracts and purchases as may be recommended by the Purchasing Agent.
The Purchasing Agent shall determine the method of presenting bids, except that such method shall be confined to either personal presentation at bid opening or by registered mail. In either case, the method shall be stated in the public advertisement and, if by registered mail, proper safeguards shall be provided to ensure the security of bids. Bids received after the time stated in the advertisement shall be considered as nonresponsive and shall be returned unopened to the sender.
All bids will be opened by the Purchasing Agent, or his/her designee, in public in accordance with the bid specifications and applicable law. A record shall be kept of the bid openings, and the same shall be available to the public.
Following review and evaluation of the bids, the Purchasing Agent shall recommend the lowest qualified bidder to the Township Committee, which shall award the contract or take such other action as it deems proper.
Should any section, clause, sentence, phrase or provision of this chapter be declared unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the remaining portions of this chapter.
All prior ordinances or parts of ordinances inconsistent with this chapter be and the same are hereby repealed to the extent of such inconsistencies.
This chapter shall take effect immediately upon final passage and publication in accordance with law.