[Adopted 7-23-2014 by Ord. No. 42-2014]
For the purposes of this article, the following definitions
shall apply:
CONSTRUCTION CONTRACT
Any agreement for the erection, repair or alteration of any
building, structure, bridge, roadway or other improvement to real
property.
CITY
The City of Atlantic City.
QUALIFIED VETERAN BUSINESS ENTERPRISE
A business which has its principal place of business in this
state, is independently owned and operated, is at least fifty-one-percent
owned and controlled by a veteran or that wherein at least 25% of
the required workforce for the contract are veterans, including new
hires if additional workers are required to perform the contract,
and is qualified pursuant to Section 25 of P.L. 1971, c. 198 (N.J.S.A.
40A:11-25).
SET-ASIDE CONTRACTS
A.
A contract for goods, equipment, construction, or services which
is designated as a contract for which bids are invited and accepted
only from qualified veteran business enterprises; and, as appropriate
B.
A portion of a contract when that portion has been so designated;
or
C.
Any other purchase or procurement so designated.
TOTAL PROCUREMENTS
All purchases, contracts or acquisitions of the county contracting
agency, whether by competitive bidding, single-source contracting,
or other method of procurement, as prescribed or permitted by law.
VETERAN
Shall have the same meaning as set forth in Subsection b.
of N.J.S.A. 11A:5-1, except that the veteran shall present to the
Adjutant General of the Department of Military and Veterans Affairs
sufficient evidence of a record of service and receive a determination
of status no later than the date established for the submission of
bids.
These provisions concerning qualified veteran business enterprise
participation in the City's purchasing set-aside program shall
apply to construction, service and procurement contracts awarded by
or through the City's Purchasing Division.
The purpose of this program of implementing the provisions of
the City's qualified veteran business enterprise set-aside program
is to establish a goal for the City to set aside 5% of the dollar
value of its total procurements to be awarded as set-aside contracts
to qualified veteran business enterprises.
If a City contract, construction, service or procurement, which
would otherwise be subject to the provisions of this article, is or
becomes subject to federal or state laws which conflict with this
program or actions thereof, federal or state law shall apply, and
the contract shall be interpreted and enforced accordingly. The provisions
of this article shall not be construed to abolish or alter the City's
requirements regarding construction contracts.
In order to implement the City's qualified veteran-owned
business set-aside program, and pursuant to the provisions of N.J.S.A.
40A:11-41 et seq.:
A. The Division of Purchasing shall make a good faith effort to attain
the goals established by the City Council pursuant to this program.
B. The Division of Purchasing may designate a contract, subcontract
or other means of procurement as a set-aside contract if it is likely
to receive bids from at least two qualified veteran business enterprises
at a fair and reasonable price.
C. Set-aside designation as described in Subsection
B shall be made prior to any advertisement for bids (if required). Notice of such designation shall be included in the advertisement not less than 10 days prior to the date fixed for receiving bids.
D. If the Division of Purchasing determines that two bids from qualified
veteran business enterprises cannot be obtained, the Division may
withdraw the designation of the set-aside contract and resolicit bids
on an unrestricted basis.
E. If the Division of Purchasing determines that acceptance of the lowest
responsible bid will result in the payment of an unreasonable price,
the Division shall reject all bids and withdraw the designation of
the set-aside contract. The qualified veteran business enterprise
shall be notified, in writing, of the set-aside cancellation, the
reasons for the rejection and the agency's intent to resolicit
bids on an unrestricted basis.
The following provisions shall apply to ensure good faith effort toward achieving the purpose of this program as stated in §
53-4.
A. Each City contracting agency shall submit an annual report to the City Council by January 31 of each year describing the agency's efforts in attaining the set-aside goals and the percentage of the dollar value of total procurements awarded pursuant to §
53-5 of this article.
B. The City shall publish a list of the City's attainments in the
immediately preceding fiscal year, to include the City average, in
at least one newspaper circulating in the City, as appropriate, by
March 1 of each year.