[HISTORY: Adopted by the Township Council of the Township
of Galloway as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-13-2016 by Ord. No. 1951-2016[1]]
[1]
Editor’s Note: This ordinance also superseded former
Art. I, Political Contributions, adopted 3-10-2009 by Ord. No. 1778.
A.
The Township shall award all contracts or agreements for the provision
of professional services as defined in N.J.S.A. 40A:11-2 on the basis
of a qualifications-based competitive process using requests for proposals.
B.
A professional service contract request for the proposals shall be
published by the posting of a public notice at least 10 days prior
to the awarding of any contract for professional services.
D.
Submissions requirements shall generally include:
(1)
The names and roles of the individuals who will perform the work
and the description of relevant experience.
(2)
References and the record of successful completion of similar work
in the past.
(3)
Detailed description of the ability to provide the services, including
staffing and familiarity with the Township and its needs.
(4)
Details of the proposed costs, including hourly rates of each individual
who will perform services.
E.
The selection criteria to be used in awarding such a contract or
agreement for professional services shall generally include:
(1)
Qualifications of the individuals who will perform the work.
(2)
Experience and references.
(3)
Ability to perform the work, including staffing and familiarity with
the subject matter and with the requirements of the Township.
(4)
Costs and value to be provided.
(5)
Any other applicable selection criteria established for the particular
work and set forth in the request for proposals.
F.
In the event that compliance with part or all of the requirements
of this article is impractical with regard to a particular contract
or agreement, the Township Council may waive part or all of the requirements
by a majority vote of the entire Council and the adoption of a resolution
setting forth the reasons for such waiver.
The Township will adhere to the standards set forth in the Campaign
Contributions and Expenditures Reporting Act, N.J.S.A. 19:44A-1 et
seq., consisting of:
The awarding of contracts for professional services is required
as set forth above to use a fair and open process pursuant to N.J.S.A.
19:44A-20.4 et seq. Contracts, other than for professional services,
are not required to be awarded pursuant to a fair and open process,
but any contract which is awarded other than by using a fair and open
process is subject to the limitations on reportable political contributions
set forth in N.J.S.A. 19:44A-20.4 et seq.
[Adopted 2-10-2015 by Ord. No. 1904-2015]
The name of the program shall be the "Galloway Township Qualified
Veteran Business Enterprise Program."
The purpose of the program shall be to set aside up to 1% of
the dollar value of all purchase, services and construction contracts
annually issued by Galloway Township for qualified veterans as defined
within.
As used in this article, the following terms shall have the
meanings indicated:
Pursuant to N.J.S.A. 40A:11-41(i), "qualified veteran business
enterprise" shall mean a business which has its principal place of
business in this state, is independently owned and operated, is at
least 51% owned and controlled by a veteran or that at least 50% of
the required workforce for the contract are veterans, and at least
50% of the labor hours charged to the contract are accrued by employees
who 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). The business shall also submit
forms quarterly to the contracting agency showing proof of veteran
status for all the veteran employees.
Nothing in this article shall exempt a QVBE from the Local
Public Contracts Law[1] requirement of being a responsive and responsible bidder
or entity.
The total procurement shall include all purchases, contracts
or acquisitions of the Township, whether by competitive bidding, single-source
contracting, or other method of procurement, as prescribed or permitted
by law. The total procurement shall be annually estimated based on
the current year's budget figures, including capital expenditures.
Pursuant to N.J.S.A. 40A:11-41(h), "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.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
A.
Save for the first year this article is in effect, the Manager shall
prepare and submit a report for the Township Council by January 31
of each year describing the Township's efforts in attaining the
set-aside goals and the percentage of the dollar value of total procurements
awarded pursuant to the Qualified Veteran Business Enterprise Program
(QVBEP). The Township Council shall publish a list of the Township's
attainments in the immediately preceding local fiscal year in at least
one newspaper circulating in the county or municipality, as appropriate,
by March 1 of each year [N.J.S.A. 40A:11-48(8)]; and
B.
The QPA shall provide a quarterly report related to number and amount
of contracts, goods, services issued and/or bid for the quarter, including
the number of bidders or quotes and whether the contract, goods or
services were contracted by a QVBE.
Township responsibilities are:
A.
QPA/finance: Ensure, through the certification procedure herein provided,
that qualified businesses taking advantage of this set-aside program
are legitimate VBEs.
B.
Maintain a listing of known VBE businesses in the proximate area
for referral by the Township.
C.
Have access to all Township records and files which relate to construction,
service and procurement contracts in order to monitor and review compliance.
Eligible set-aside contracts are:
A.
A contract for goods, equipment, construction or services which is
designated as a contract for which bids are invited and accepted only
from a qualified veteran business enterprise;
B.
A portion of a contract when that has been so designated; or
C.
Any other purchase or procurement so designated.
A.
To ensure that only qualified businesses which meet the veteran ownership
or employment requirements set forth in N.J.S.A. 40A:11-41(i) in both
form and substance are counted towards the goal requirements set forth
in this article, any veteran-owned business, including a joint venture,
desiring to participate in the Township set-aside program must be
certified by the Finance/Purchasing Department as a legitimate VBE.
B.
Any business wishing to be certified as a VBE business shall apply
to the Finance/Purchasing Department for such certification and shall
complete all forms and supply all documentation required by the Finance/Purchasing
Department for such application.
C.
The Finance/Purchasing Department will evaluate the submitted information
to determine whether the applicant meets the criteria for qualified
veteran business enterprises. Prior to making a certification, the
Finance/Purchasing Department may, in its discretion, request an interview
with the applicant. Failure of an applicant to comply with requests
for information or documentation may result in a determination of
certification status based on the information supplied or a suspension
of the application for certification.
D.
Following certification, the Finance/Purchasing Department may require
the business to furnish additional information from time to time in
order to establish its continued eligibility for certification.
E.
Upon becoming certified, a business shall immediately notify the
Finance/Purchasing Department if there is a change in the business
that affects its status as a VBE, including changes in ownership,
percent of veterans on contract staffing, control or management.
F.
If a business is denied certification, the Finance/Purchasing Department
shall notify the business, in writing (Notice shall be sent by regular
mail and return receipt requested to the address provided by the business.),
of the reasons for its determination. The business may appeal the
denial to the Township Administrator or his designee, who shall conduct
a hearing at which the business shall have the opportunity to present
witnesses and documents in support of its application for certification.
No appeals will be considered if filed later than 15 days from the
date of the delivery or attempted delivery by the post office of the
return-receipt-requested notice and/or 20 days after the date of the
notice sent by regular mail. Businesses that are denied certification
may not reapply for certification for a period of six months from
the date of denial.
G.
The right of the Township to evaluate a bidder or contractor's
ability to satisfy financial, technical or other criteria, separate
and apart from the certification process provided for in this program,
is not altered by this article.
H.
The certification granted pursuant to this section shall entitle
a business to participate in any category of contract or procurement
for which it qualifies. The certification shall not be considered
contract or project specific. The Township may, but shall not be required
to, delay the award of any contract pending the appeal of the Finance/Purchasing
Department decision to deny certification.
A.
A VBE may be decertified for failure to meet the certification standards
set forth within and for the following reasons:
(1)
For providing false or misleading information to the Finance/Purchasing
Department during the certification process.
(2)
If the VBE is no longer an ongoing business entity.
(3)
If the business entity has changed to the extent that it is no longer
owned and controlled by veterans or does not employ a sufficient number
of veterans pursuant to the requirements of this program.
(4)
For failure to report to the Township, within 10 days, any determination
of the federal government or any state government, municipality or
school board, or any department, subdivision, agency or authority
of the federal government or any state government, municipality or
school board denying or revoking the certification of the business
as a veteran business enterprise.
B.
Upon review of the documentation concerning decertification, the
Finance/Purchasing Department shall promptly decide the issue and
notify the business of the decision in writing. The business may appeal
the decision to the Township Manager or designee in accordance with
the provisions provided within. Reasons for decertifying a business
shall be expressed by certified mail. The decertified business may
not reapply for certification for a period of time to be determined
by the Township Manager and/or designee, but in no event longer than
a period of one year.
A certified VBE shall submit any information requested by the
Finance/Purchasing Department annually to ascertain whether such business
is still a qualified VBE pursuant to this program. If it is determined
that the annual submission of information has changed to such an extent
that the VBE status has changed, affecting the certified status, the
Finance/Purchasing Department may recommend that the business be required
to reapply for certification pursuant to this program.
To determine whether a business shall be recommended by the
Finance/Purchasing Department to be certified as a legitimate VBE,
the following, in conjunction with information submitted by the applicant,
shall be used:
A.
Eligible VBEs under this program shall be independent businesses.
There shall be conclusive evidence that the ownership and control
of such business is real, substantial and continuing and shall go
beyond the pro forma ownership of the business as reflected in its
ownership documents. The VBE owners shall enjoy the customary interests
of ownership. They shall share in the risks and profits commensurate
with their interest of ownership. Recognition of the business as a
separate entity for tax or corporate purposes is not necessarily sufficient
for recognition as a VBE. To determine the legitimacy of an independent
VBE, the Finance/Purchasing Department shall consider all relevant
factors concerning ownership and control of business assets, including
but not limited to the date the business was established, whether
its resources for the work of the contract are adequate and the degree
to which financial, equipment-leasing and other relationships with
non-VBE firms vary from industry practice.
B.
The VBE's owners shall have the power to direct or cause management
and policy directions of the firm/business as well as make major decisions
on matters of management, policy and operations. The firm shall not
be subject to any restrictions limiting the customary discretions
of the veteran owners. This shall include provisions in bylaws, partnership
agreements or charter requirements for cumulative voting rights or
otherwise that prevent the veteran owners, without the cooperation
or vote of any owner who is not a veteran, from making a business
decision of the firm.
C.
Where nonveteran owners of the firm are disproportionately responsible
for the firm's operation, then, by the standards of this program,
the firm is not controlled by veterans and shall not be considered
a VBE business within the program's meaning on the basis of veteran
ownership.
D.
In establishing a status of a legitimate VBE, all securities which
constitute qualifying ownership and/or control of a corporation shall
be held directly by veterans. Securities held in trust or by any guardian
for a minor shall not be considered as held by a veteran in determining
the ownership and/or control of a corporation.
E.
Capital or expertise contributed by veteran owners to acquire their
interest in the firm shall be real and substantial. A promise to contribute
capital, a note payable to the firm or its owners who are not veterans
or the mere participation as an employee, rather than as a manager,
shall be examples of insufficient contributions.
F.
In determining eligibility as a VBE, in addition to the above standards,
the Finance/Purchasing Department shall give special consideration
to the following circumstances:
(1)
VBEs which are newly formed and whose ownership and/or control have
changed since the date and/or time of the advertisement of the contract
shall be closely monitored to determine the reasons and the relationship
between the timing, formation and/or change in the firm.
(2)
Careful scrutiny and review of previous and/or continuing employer/employee
relationships between or among present owners shall be conducted to
ensure that the employer/owner has the management responsibilities
pursuant to this program.
(3)
Any relationship between a VBE and a non-veteran-owned business having
interest in the VBE shall be carefully monitored to determine if the
interest of the VBE conflicts with the ownership and control requirements
of this program.
(4)
Joint ventures may be eligible to compete as VBEs under this program,
provided that the VBE partner of the joint venture meets the eligibility
standards of a VBE set forth herein and the VBE partner shares in
the ownership, control and management responsibilities and the risks
and profits of the joint venture, and the VBE partner is responsible
for a clearly defined portion of the work to be performed.
In the implementation of Galloway Township's Qualified
Veteran-Owned Business Enterprise Set-Aside Program:
A.
Advertising: The Township shall advertise the qualified veteran business
enterprise set-aside program on its web site and Facebook page, and
on the Township television station, in an attempt to identify qualified
veteran business enterprises.
B.
Identification of contracts: The Manager shall recommend to the Township
Council a contract, subcontract or other means of procurement as a
set-aside contract if it is likely to receive bids from at least two
QVBEs at a fair, responsible and reasonable price. Set-aside designation
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.
C.
No QVEB bidders: If it is determined by the Finance/Purchasing Department
that two bids cannot be obtained or that acceptance of the low responsible
bid will result in the payment of an unreasonable price, the Finance/Purchasing
Department may recommend to the Township Council that the bids be
resolicited on an unrestricted basis.
D.
Designation of set-aside contracts: Upon recommendation from the
Manager, designation(s) of contracts and/or subcontracts as set-aside
contracts shall be made by the Township Council prior to advertisement,
and notice of such designation shall be included in the advertisement.
E.
Auditor: The Township Auditor shall include in the audit a report
at the end of each fiscal year identifying each contract awarded as
a result of its Qualified Veteran Business Enterprise set-aside program.
A.
When the Township determines, after hearing, that a business has
been classified as a VBE on the basis of false information knowingly
supplied by the business and has been awarded a contract to which
it would not otherwise have been entitled under this article, the
Township may:
(1)
Assess against the business any difference between the contract and
what the Township's cost would have been if the contract had
not been awarded in accordance with the provisions of this article.
(2)
Assess against the business a penalty in an amount of not more than
10% of the amount of the contract involved.
(3)
Bar the business from transacting business with the Township for
a period of one year.
B.
Nothing contained herein shall preclude the violator from facing
criminal sanctions for false swearing and other crimes that may be
applicable under the New Jersey Criminal Code.
If a Township 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.
Nothing in this article shall exempt the QVBE from compliance
with the Local Public Contracts Law or New Jersey State statutes or
the documentation requirements, and certifications of particular bids.
