[HISTORY: Adopted by the Township Committee
of the Township of Wall 11-22-2005 by Ord. No. 33-2005. Amendments noted
where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any agency, department, board, committee or commission which
derives its authority from or through the Township of Wall.
Any natural or legal person, business corporation, professional
services corporation, limited liability company, partnership, limited
partnership, business trust, association or any other legal commercial
entity organized under the laws of this state.
Money or anything of value, including in-kind contributions.
At a minimum, that the contract shall be: publicly advertised
in newspapers or on the Internet website maintained by the Township
in sufficient time to give notice in advance of the contract; awarded
under a process that provides for public solicitation of proposals
or qualifications and awarded and disclosed under criteria established
in writing by the Township prior to the solicitation of proposals
or qualifications; and publicly opened and announced when awarded.
The ownership or control of more than 10% of the profits,
assets or stock of a business entity.
A.
The Township of Wall, or any agency or instrumentality
thereof, shall not enter into a contract having an anticipated value
in excess of $17,500, as determined in advance and certified in writing
by the Chief Financial Officer of the Township, 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 P.L. 1973,
c. 83 (N.J.S.A. 19:44A-1 et seq.), to any municipal committee of a
political party in the Township of Wall if a member of that political
party is serving on the Township Committee when the contract is awarded
or to any candidate committee of any person serving on the Township
Committee when the contract is awarded.
B.
A business entity that has entered into a contract
having an anticipated value in excess of $17,500 with the Township,
except a contract that is awarded pursuant to a fair and open process,
shall not make a contribution that is reportable by the recipient
under P.L. 1973, c. 83 (N.J.S.A. 19:44A-1 et seq.), to any municipal
committee of a political party if a member of that political party
is serving on the Township Committee when the contract is awarded
or to any candidate committee of any person serving on the Township
Committee when the contract is awarded, during the term of that contract.
C.
No such municipal committee or candidate committee
shall accept a contribution from a business entity during the term
of any contract between the entity and the Township or any agency
or instrumentality of the Township except from business entities that
have contracted pursuant to N.J.S.A. 19:44A-20.4 et seq.
[Amended 2-22-2023 by Ord. No. 1-2023]
When a business entity is a natural person,
a contribution by that person's spouse or child, residing therewith,
shall be deemed to be a contribution by the business entity. When
a business entity is other than a natural person, a contribution by
any person or other business entity having an interest therein shall
be deemed to be a contribution by the business entity.
If a business entity makes a contribution that
would cause it to be ineligible to receive a public contract or, in
the case of a contribution made during the term of a public contract,
that would constitute a violation of this chapter, the business entity
may request, in writing, within 60 days of the date on which the contribution
was made, that the recipient thereof repay the contribution and, if
repayment is received within those 60 days, the business entity would
again be eligible to receive a contract or would no longer be in violation,
as appropriate.
Prior to awarding any contract, except a contract
that is awarded pursuant to a fair and open process, the Township,
and any agency or instrumentality thereof, shall require the business
entity to which the contract is to be awarded to provide a written
certification that it has not made a contribution that would prohibit
the award of the contract pursuant to this chapter.
A.
All Township contracts subject to this chapter shall
provide that it shall be a breach of the terms of the contract for
the business entity, as defined herein, to violate this chapter or
to knowingly conceal or misrepresent contributions made or received,
or to make or solicit contributions through intermediaries for the
purpose of concealing or misrepresenting the source of the contribution.
B.
Any business entity that knowingly fails to reveal
a contribution made in violation of this chapter, or who knowingly
makes or solicits contributions through intermediaries for the purpose
of concealing or misrepresenting the source of the contribution, may
be disqualified from eligibility for future Township contracts for
up to five years from the date of the violation, and any current contract
with such business entity shall be terminated.
[Added 6-22-2016 by Ord.
No. 7-2016]
A.
The governing body of a contracting unit may, by resolution approved by a majority of the governing body and subject to Subsections B and C of this section, disqualify a bidder who would otherwise be determined to be the lowest responsible bidder, if the governing body finds that it has had prior negative experience with the bidder.
B.
As used in this section, "prior negative experience" means any of
the following:
(1)
The bidder has been found, through either court adjudication, arbitration,
mediation, or other contractually stipulated alternate dispute resolution
mechanism, to have failed to provide or perform goods or services,
failed to complete the contract in a timely manner or otherwise performed
unsatisfactorily under a prior contract with the contracting unit;
(2)
The bidder defaulted on a contract, thereby requiring the local unit
to utilize the services of another contractor to provide the goods
or perform the services or to correct or complete the contract;
(3)
The bidder defaulted on a contract, thereby requiring the local unit
to look to the bidder's surety for completion of the contract or tender
of the costs of completion; or
(4)
The bidder is debarred or suspended from contracting with any of
the agencies or departments of the executive branch of the State of
New Jersey at the time of the contract award, whether or not the action
was based on experience with the contracting unit.
C.
The following conditions apply if the governing body of a contracting
unit is contemplating a disqualification based on prior negative experience:
(1)
The existence of any of the indicators of prior negative experience
set forth in this section shall not require that a bidder be disqualified.
In each instance, the decision to disqualify shall be made within
the discretion of the governing body and shall be rendered in the
best interests of the contracting unit.
(2)
All mitigating factors shall be considered in determining the seriousness
of the prior negative experience and in deciding whether disqualification
is warranted.
(3)
The bidder shall be furnished by the governing body with a written
notice stating that a disqualification is being considered, setting
forth the reason for the disqualification, and indicating that the
bidder shall be accorded an opportunity for a hearing before the governing
body if the bidder so requests within a stated period of time. At
the hearing, the bidder shall show good cause why the bidder should
not be disqualified by presenting documents and testimony. If the
governing body determines that good cause has not been shown by the
bidder, it may vote to find the bidder lacking in responsibility and,
thus, disqualified.
(4)
Disqualification shall be for a reasonable, defined period of time,
which shall not exceed five years.
(5)
A disqualification other than a disqualification pursuant to which
a governing body is prohibited by law from entering into a contract
with a bidder may be voided or the period thereof may be reduced,
in the discretion of the governing body, upon the submission of a
good faith application under oath, supported by documentary evidence,
setting forth substantial and appropriate grounds for the granting
of relief, such as reversal of a judgment, or actual change of ownership,
management or control of the bidder.
(6)
An opportunity for a hearing need not be offered to a bidder whose
disqualification is based on its suspension or debarment by an agency
or department of the executive branch of the State of New Jersey.
The term of such a disqualification shall be concurrent with the term
of the suspension or debarment by the state agency or department.
