As used in this article, the following terms shall have the meanings indicated:
AGGREGATEThe sums expended or to be expended for the provision or performance of any goods or services in connection with the same immediate purpose or task, the furnishing of similar goods or services, during the same contract year through a contract award by a contracting agent.
COMPETITIVE CONTRACTINGThe method described in Sections 1 through 5 of P.L. 1999, c.440 (N.J.S.A. 40A:11-4.1 through 40A:11-4.5), of contracting for specialized goods and services in which formal proposals are solicited from vendors; formal proposals are evaluated by the purchasing agent or counsel or administrator; and the governing body awards a contract to a vendor or vendors from among the formal proposals received.
CONFIRMING ORDERA confirming order occurs when a department wishes to place an order for a needed item or service without subjecting the purchase to the normal purchasing procedures of the municipality. Confirming orders are permitted only in bona fide emergency situation.
CONTRACTAny agreement, including but not limited to a purchase order or a formal agreement, which is a legally binding relationship enforceable by law, between a vendor who agrees to provide or perform goods or services and a contracting unit which agrees to compensate a vendor, as defined by and subject to the terms and conditions of the agreement. A contract also may include an arrangement whereby a vendor compensates a contracting unit for the vendor's right to perform a service, such as, but not limited to, operating a concession stand.
CONTRACT YEARThe period of 12 consecutive months following the award of a contract.
DCA/DLGSNew Jersey Department of Community Affairs/Department of Local Government Services.
EXTRAORDINARY UNSPECIFIABLE SERVICE (EUS)Services, which are specialized and qualitative in nature requiring expertise, extensive training and proven reputation in the field of endeavor. Purchasing Agent must sign off. Resolution required.
LOWEST PRICEThe least possible amount to be paid for goods or services that meet all requirements of a purchase request for a contracting agent.
LPCLLocal Public Contract Law, N.J.S.A. 40A:11-1 et seq.
ONLINE REQUISITIONAn electronic document used to notify the Administration, Purchasing Department, and Finance Department of items or services that need to be contracted for and establishes the quantity, cost, potential vendor and the appropriation account(s) to be charged for the acquisition of the desired goods or services. It can be originated by the requester and then using the Borough's workflow or hierarchy rules, is processed electronically through the subsequent levels of approval, until it is finalized or approved and then converted to a purchase order.
PAY-TO-PLAYLimit is $17,500 in the aggregate, and all awards in excess of $17,500 require a resolution under Fair and Open. All procurement over $17,500 and less than agency's higher bid threshold (window contracts) are subject to those laws.
PROCUREMENT CARD (aka PURCHASING CARD)A physical card, similar to a credit card, that represents an account governed by the rules codified by N.J.A.C. 5:30-9A called "Disbursement without Vendor Certification," subject to strict provision and limits on its use.
PROFESSIONAL SERVICESServices rendered or performed by a person authorized by law to practice a recognized profession, whose practice is regulated by law, and the performance of which services requires knowledge of an advanced type in a field of learning acquired by a prolonged formal course of specialized instruction and study as distinguished from general academic instruction or apprenticeship and training. Professional services may also mean services rendered in the provision or performance of goods or services that are original and creative in character in a recognized field of artistic endeavor. These contracts can only be entered into by resolution.
PROPRIETARYGoods or services of a specialized nature, that may be made or marketed by a person or persons having the exclusive right to make or sell them, when the need for such goods or services has been certified, in writing, by the governing body of the contracting unit to be necessary for the conduct of its affairs.
PUBLIC WORKSBuilding, altering, repairing, improving or demolishing any public structure or facility constructed or acquired by a contracting unit to house local government functions or provide water, waste disposal, power, transportation, and other public infrastructures.
PURCHASE ORDERA document issued by the contracting agent authorizing a purchase transaction with a vendor to provide or perform goods or services to the contracting unit, which when fulfilled in accordance with the terms and conditions of a request of a contracting agent and other provisions and procedures that may be established by the contracting unit, will result in payment by the contracting unit.
QUALIFIED PURCHASING AGENT (QPA)The individual duly assigned the authority, responsibility, and accountability for the purchasing activity of the contracting unit, and who has such duties as are defined by an authority appropriate to the form and structure of the contracting unit, and P.L. 1971 c. 198 (N.J.S.A. 90A:11-1 et seq.).
QUOTATIONThe response to a formal or informal request, made by a contracting agent by a vendor, for provision or performance of goods or services. Two quotes are mandatory when the aggregate cost of the item/service is greater than or equal to 15% of the bid threshold. Quotations may be in writing or taken verbally if a record is kept by the contracting agent. Written justification for lack of quotes shall be filed with the Borough Clerk/CFO.
REQUISITIONAn internal document used to notify the Administration, Purchasing Department, and Finance Department of items or services that need to be contracted for and establishes the quantity, cost, potential vendor and the appropriation account(s) to be charged for the acquisition of the desired goods or services. It can be originated by the requester and then, using the Borough's workflow or hierarchy rules, is processed through the subsequent levels, until it is finalized or approved and then converted to a purchase order. It may also contain the authorization to proceed with the purchase.
RESPONSIBLEAble to complete the contract in accordance with its requirements, including but not limited to requirements pertaining to experience, moral integrity, operating capacity, financial capacity, credit, and workforce, equipment, and facilities availability.
RESPONSIVEConforming in all materials respects to the terms and conditions, specifications, legal requirements, and other provisions of the request (BID, RFP, and RFQ).
RULESNew Jersey Administrative Code, N.J.A.C. 5:34-5 et seq.
SOLE SOURCEOne and only one source that possesses a unique product having singular characteristics or performance capability.
WINDOW CONTRACTAll contracts where the value is over the political contribution threshold (Pay-to-Play) of $17,500 but less than the agency's higher bid threshold.
WORKAny task, program, undertaking, or activity related to any development, redevelopment, construction or reconstruction performed or provided pursuant to a contract with a contracting unit.