Prior ordinance history: Ordinance Nos. 2-82, 79-86, 31-89.
A. Definitions. For the purposes of this Article the following terms,
phrases, words and their derivations shall have the meanings given
herein:
CITY PURCHASING AGENT
The Purchasing Agent of the city or the authorized designee
of the city, who has the authority, responsibility and accountability
for the purchasing activity of the municipality, and may conduct any
activities as may be necessary or appropriate to the purchasing function
of the contracting unit.
CONTRACTUAL SERVICES
All utility services; window cleaning service; leases for
all grounds, buildings, office or other space required by the using
agencies; and the rental, repair or maintenance of equipment, machinery
and other city-owned real and personal property. The term shall not
include professional and other contractual services which are in their
nature unique and not subject to competition.
EMERGENCY
A pressing need for public expenditure affecting the public
health, safety or welfare that requires the immediate delivery of
goods or the performance of services.
GOODS AND SERVICES
Any work, labor, commodities, equipment, materials or supplies
of any tangible or intangible nature, except real property or any
interest therein, provided or performed through a contract awarded
by the purchasing agent, including goods and property subject to N.J.S.A.
12A:2-101 et seq.
LOWEST PRICE
The least possible amount that meets all requirements of
the request of the city.
RESPONSIBLE BIDDER OR VENDOR
Able 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.
RESPONSIVE
Conforming in all material respects to the terms and conditions,
specifications, legal requirements and other provisions of the request
as determined by the city.
STATUTORY CONSTRUCTION
The provision of this Article shall be liberally construed
to grant the municipality the greatest latitude authorized pursuant
to the Local Public Contracts Law. Conflicts between this chapter
and the Local Public Contracts Law shall be construed in favor of
the Local Public Contracts Law.
USING AGENCY
Any department, agency, commission, board or other unit in
the city government including the Boards of Police, Fire and Water.
VOLUNTARY USING AGENCY
Any autonomous unit in the city government which controls
expenditures of funds appropriated to it by the city or other govern-mental
unit.
B. Purchasing and contracting generally.
(2) Contractors. Any person, business, corporation, partnership, bidder,
government agency or their agents and assigns entering contracts with
the City of Orange Township and owning real property located therein
shall obtain a certification from the Director of Finance at the time
of bidding or execution of contracts that their municipal property
taxes and water and sewer charges are current. This provision is incorporated
by reference into all bid specifications and conditions of sale promulgated
by the city. Any person, business, corporation, partnership, bidder,
government agency or their agents and assigns applying for certificates
of habitability, permits or licenses for construction, demolition,
electrical, plumbing or related work in the municipality shall obtain
a certification from the Director of Finance that their municipal
property taxes and water and sewer charges are current. Notwithstanding
any laws or regulations to the contrary, these provisions are not
exclusive and shall apply to all departments, divisions, agencies,
boards and commissions of the City of Orange Township and shall be
applicable to any person, business, corporation, partnership, bidder,
government agency or their agents and assigns entering contracts,
obtaining permits and licenses or otherwise doing business with the
city.
(3) Contracts awarded by Council. The Council shall, by resolution, establish
the bid threshold, award contacts or reject bids for commodities,
equipment and services priced over the limits set forth in N.J.S.A.
40A:11-3, Local Public Contracts Law, upon recommendation of the purchasing
agent and pursuant to the requirements of the Local Public Contracts
Law.
(4) Mayor to execute contracts. The Mayor shall execute on behalf of
the city, and the Clerk shall attest, all contracts and other legally
binding obligations approved by the Council.
(5) Supervision of Procurement Division of the Department of Finance;
duties generally. The City Purchasing Agent shall be the head and
have general supervision of the Procurement Division of the Department
of Finance. He shall perform all duties required by law and shall
have the powers and duties prescribed by this chapter. As a part thereof,
he shall coordinate the central purchasing of municipal goods and
services.
(6) The City Purchasing Agent shall have civil service status and shall
be appointed in the manner that all municipal employees are appointed.
(7) The City Purchasing Agent shall give an official bond, approved as
to form by the City Council, not less than fifty thousand dollars
($50,000.).
(8) Scope of purchasing authority.
(a)
Purchase or contract.
[1]
The City Purchasing Agent shall have the power and it shall
be his duty to purchase or contract for all goods and services needed
by any using agency, for the internal management and operation of
the Procurement Division of the Department of Finance. The Purchasing
Agent is authorized to join with voluntary using agencies in cooperative
purchasing plans and to delegate his rights to purchase to a voluntary
using agency when the best interests of the city would be served thereby,
provided that nothing herein shall prevent the Purchasing Agent from
entering into cooperative purchasing plans and from delegating his
rights to purchase to another governmental unit or independent governmental
agency in accordance with state statutes when such an undertaking
would be in the best interest of the city.
[2]
The Purchasing Agent is also authorized to enter into joint
agreements with other federal, state or local governmental contracting
units for the provision and performance of goods and services, if
such an undertaking is determined to be in the best interest of the
city upon approval by resolution of the Council.
(b)
Purchases by other officials. All purchases for all using agencies shall be made by the City Purchasing Agent, except that using agencies are authorized to make emergency purchases of goods and services in accordance with the provisions of Local Public Contracts Law and §
4-70.14 without regard to any restriction set forth in this chapter.
(c)
Unauthorized purchases. Except as provided in this Article,
no city officer or employee shall order the purchase of any goods
and services or make any contract within the purview of this Article
other than through the Procurement Division of the Department of Finance.
Unauthorized purchases of tangible goods shall be the responsibility
of the employee who procured said goods and shall not bind the city.
(9) Additional powers and duties. In addition to the purchasing authority
conferred by this Article, the City Purchasing Agent shall:
(a)
Minimum expenditure. Act to procure for the city the highest
quality in goods and services at least expense to the city.
(b)
Encourage competition. Discourage uniform bidding and endeavor
to obtain as full and open competition as possible on all purchase
of goods and services.
(c)
Rules and regulations. Subject to the approval of the Mayor
and City Council, where applicable, establish and amend all rules
and regulations authorized by this Article and all others necessary
to its operation.
(d)
Purchasing analysis. Keep informed of current developments in
the filed of purchasing, prices, market conditions and new products,
and secure for the city the benefits of research done in the field
of purchasing by other governmental jurisdictions, national technical
societies, trade associations having national recognition and by private
businesses and organizations.
(e)
Forms. Prescribe and maintain such forms as he shall find reasonably
necessary to the operation of this Article.
(f)
Standard nomenclature. Prepare and adopt a standard purchasing
nomenclature for using agencies and suppliers.
(g)
Vendors' catalog file. Prepare, adopt and maintain a vendors'
catalog file. Such catalog shall be filed according to materials and
shall contain descriptions of vendors, commodities, prices and discounts.
(h)
Bulk purchases. Exploit the possibilities of buying in bulk
so as to take full advantage of discounts.
(i)
Federal tax exemptions. Act so as to procure for the city all
federal tax exemptions to which it is entitled.
(j)
Cooperate with the Chief Financial Officer so as to secure for
the city the maximum efficiency in budgeting and accounting.
All using agencies, either by or with the authorization of the
head of the department under which the using agency operates, shall
file with the City Purchasing Agent detailed requisitions or estimates
of their requirements in goods and services in such manner, at such
time and for such future periods as the Purchasing Agent shall prescribe.
A. Unforeseen requirements. A using agency shall not be prevented from
filing, in the same manner, with the Purchasing Agent, at any time,
a requisition or estimate for any goods and services the need for
which was not foreseen when the detailed estimates were filed.
B. Revision power of Purchasing Agent. The City Purchasing Agent shall
examine each requisition or estimate and shall have the authority
to revise it as to quantity, quality or estimated cost, but revision
as to quality shall be in accordance with the standards and specifications
established pursuant to this Article.
Except in cases of emergency, the City Purchasing Agent shall
not issue any order for delivery on a contract or open market purchase
until the Chief Financial Officer shall have certified, after preaudit,
that there is to the credit of the using agencies concerned a sufficient
unencumbered appropriation balance, in excess of all unpaid obligations,
to defray the amount of such order.
Any purchase order or contract within the purview of this Article
in which the City Purchasing Agent or any officer or employee of the
city is financially interested, directly or indirectly, shall be void.
The City Purchasing Agent and every officer and employee of
the city are expressly prohibited from accepting, directly or indirectly,
from any person, company, firm or corporation to which any purchase
order or contract is or might be awarded, any rebate, gift, money
or anything of value whatsoever, except where given for the use and
benefit of the city, and no city officer or employee shall accept
employment with any person, company, firm or corporation for the performance
of work under any agreement with the city.
The Purchasing Agent is authorized to initiate competitive contracting
for goods or services pursuant to N.J.S.A. 40A:11-9.
All advertisements for bids shall be completed in accordance
with the Local Public Contracts Law.
All goods and services for which public bidding is required
or undertaken pursuant to this Article shall be completed in accordance
with the Local Public Contracts Law. Any formal contract as required
under this section or the Local Public Contracts Law shall be executed
by the Mayor and the City Clerk on behalf of the city, with the corporate
seal affixed thereto.
A. Notice inviting bids. Notice inviting bids shall be in accord with the requirements of §
4-70.6 and shall include a general description of the articles to be sold.
B. Bidders' list. The City Purchasing Agent shall also solicit sealed
bids from all responsible prospective suppliers who have requested
their names to be added to a bidders' list, which the Purchasing Agent
shall maintain, by sending them a copy of such newspaper notice or
such other notice as will acquaint them with the proposed purchase
or sale.
C. Bulletin board. The Purchasing Agent shall also advertise for bids
by a notice posted on the public bulletin board in the City Hall.
D. Bid deposits. In accordance with the Local Public Contracts Law,
bid deposits shall be prescribed in the public notices inviting bids.
Unsuccessful bidders shall be entitled to return of deposit where
the Agent has required such. A successful bidder shall forfeit any
deposit required by the City Purchasing Agent upon failure on his
part to enter a contract.
E. Bid opening procedure.
(1) Presentation of sealed bids. Sealed bids shall be presented to and
received by either the Purchasing Agent or the City Clerk, as designated
in the bid specification, and at least one other city official or
their authorized representatives. The time and place for receipt of
sealed bids shall be specified in the advertisement for bids as approved
by resolution of the Council.
(2) Opening. Bids shall be received and opened in public at the time
and place stated in the public notice and advertisement for bids.
(3) Tabulation. A tabulation of all bids received shall be posted for
public inspection.
F. Rejection of bids.
(1) The Council shall have authority to reject any or all bids.
(2) The Council may, by resolution approved by the majority of the governing
body, 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 as defined by the
Local Public Contracts Law. The decision to disqualify shall be made
within the discretion of Council in the best interests of the city.
(3) This section shall be construed to grant Council any and all authority
it may have to reject bids under the Local Public Contracts Law or
other applicable statute.
G. Award of contract.
(1) Lowest responsible bidder. Contracts shall be awarded by the Council
to the lowest responsible bidder in accordance with the Local Public
Contracts Law. "Lowest responsible bidder," in addition to price,
shall be determined by the following criteria:
(a)
The ability, capacity and skill of the bidder to perform the
contract or provide the services required.
(b)
Whether the bidder can perform the contract or provide the service
promptly or within the time specified without delay or interference.
(c)
The character, integrity, reputation, judgment, experience and
efficiency of the bidder.
(d)
The quality of performance of previous contracts or services.
(e)
The previous and existing compliance by the bidder with laws
and ordinances relating to the contract or service.
(f)
The sufficiency of the financial resources and ability of the
bidder to perform the contract or provide the service.
(g)
The quality, availability and adaptability of the goods and
services to the particular use required.
(h)
The ability of the bidder to provide future maintenance and
service for the use of the subject of the contract.
(i)
The number and scope of conditions attached to the bid.
(2) Performance bonds. The City Purchasing Agent shall have the authority
to require a performance bond pursuant to the provisions of the Local
Public Contracts Law.
H. Subdivision prohibited. No contract or purchase shall be subdivided
to avoid the requirements of this Article.
All purchase of goods and services which do not exceed the bid threshold set forth in the Local Public Contracts Law may be made in the open market without newspaper advertisement and without observing the procedure prescribed by §
4-70.8; except that the Chief Financial Officer's approval shall be affixed thereto and in the event the estimated value is one thousand dollars ($1,000.) or more, approval of the Mayor or his designee shall be affixed to the purchase order or formal written contract, as the case may be.
A. Minimum number of quotations. All open market purchases shall, wherever possible, be based on at least three (3) competitive quotations and shall be awarded to the lowest responsible bidder in accordance with the standards set forth in §
4-70.8G(1).
B. Notice inviting quotations. The City Purchasing Agent shall solicit
quotations by direct mail request to prospective vendors, by telephone
and by public notice posted on the bulletin board of the City Hall.
C. Recording. The City Purchasing Agent shall keep a record of all open
market orders and the quotations submitted in competition thereon,
and such records shall also be open to public inspection.
Consulting and professional contracts are subject to the provisions
of the Local Public Contracts Law and shall be conducted in a manner
appropriate to contracts of this chapter. Where budget provisions
are made for hiring consultants and professional persons to perform
services for the city, but are not otherwise subject to approval by
a board, commission or agency of the city, the contract shall be subject
to approval and execution by the Mayor and attested to by the City
Clerk, including those contracts.
The City Purchasing Agent shall control and supervise storerooms
and warehouses and shall administer the inventory revolving fund.
A. Inventory revolving fund. There shall be provided in each annual
budget an amount required to provide the necessary funds to establish
an inventory revolving fund.
B. Accounting procedure. Requisitions from goods and services in a storeroom
or warehouse shall be credited by the City Purchasing Agent to the
inventory revolving fund by a charge against the appropriation of
the using agency.
C. Inventory. The City Purchasing Agent shall maintain a perpetual inventory
record of all materials, goods and services or equipment stored in
storerooms and warehouses of the city.
The head of the using agency shall have the authority to submit
requisitions to the City Purchasing Agent for goods and services made
available to the using agencies by the City Purchasing Agent.
The City Purchasing Agent shall inspect or supervise the inspection
of all deliveries of goods and services to determine their conformance
with the specifications set forth in the order or contract.
A. Inspection by using agency. The City Purchasing Agent shall have
the authority to authorize using agencies having the staff and facilities
for adequate inspection to inspect all deliveries made to such using
agencies under rules and regulations which the Agent shall prescribe.
B. Tests. The City Purchasing Agent shall have the authority to require
chemical and physical tests of samples submitted with bids and samples
of deliveries which are necessary to determine their quality and conformance
with the specifications. In the performance of such tests, the City
Purchasing Agent shall have the authority to make use of laboratory
facilities of any agency of the city government or of any outside
laboratory.
Nothing contained in §§
4-70.17 through
4-70.18 shall be construed as prohibiting the awarding of a contract when the public exigency requires immediate delivery of goods or performance of emergency services as determined by the State Treasurer or as determined in the applicable New Jersey statute, administrative code, rule or regulation.