[Adopted 4-23-13 by Ord.
No. O-2013-008]
It is the purpose of this Article
that, notwithstanding that professional services contracts and certain
other contracts for goods and services are exempt from the competitive
bidding requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1
et seq., the Township Committee deems it appropriate, and consistent
with the provisions of New Jersey legislation, now codified at N.J.S.A.
19:44A-20.1 et seq., to award such contracts through a competitive,
quality-based, fair and open process.
The Township of Winslow, or any agency
or instrumentality thereof, shall not enter into a contract including
a professional services contract, or such other contract, which is
exempt from public bidding requirements, having an anticipated value
in excess of ten thousand dollars ($10,000.) as determined by the
municipality, agency or instrumentality, 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 N.J.S.A.
19:44A-1 et seq., to any municipal committee of a political party
in that municipality if a member of that political party is serving
in an elected public office of that municipality when the contract
is awarded or to any candidate committee of any person serving in
an elected public office of that municipality when the contract is
awarded, The fair and open process shall be quality-based and shall
be as follows:
A.
Professional services may be awarded by
virtue of a publicly advertised request for qualification ("RFQ")
and/or request for proposal ("RFP") which will be issued as one document
for those appointments which are made on an annual basis,
B.
For said positions, no contract shall be
awarded, unless and until the positions are:
(1)
Publicly advertised in newspapers in sufficient
time to give notice in advance of the solicitation for contracts;
(2)
Awarded under a process that provides for
public solicitation of proposals and qualifications;
(3)
Awarded and disclosed under criteria established
in writing by the Township of Winslow prior to the solicitation of
proposals or qualifications; and
(4)
Publicly announced when awarded; and as
to those RFQs and RFPs which prove to be unsuccessful, the Municipal
Clerk shall retain a copy of same on file for a period of not less
than sixty (60) days.
C.
For contracts which arise on an occasional
basis, such as appraisers needed for acquisition of farmland and/or
open space, as well as title searches, surveying, and similar work
associated with same; and comparable assignments, such as planning
services needed for Master Plan updates, appraisals, special counsel,
special project engineer contracts, etc., professional services contracts
may be awarded without following the foregoing provisions, so long
as:
Notwithstanding the foregoing, the
Township Committee recognizes that the New Jersey Legislature has
provided for the occurrence of certain emergencies, and further recognizes
that, therefore, the procedure outlined above might not be capable
of being achieved in the event of an emergency or similar time constraints.
Thus, should a situation arise, and time does not permit resort to
this procedure, and the immediate performance of services is necessary,
then an award for same may be made in accordance with the provisions
of the Local Public Contracts Law relating to emergency contracts,
and such rules and regulations as may be promulgated, from time to
time, by the Township Committee with regard to same. No such emergency
contracts, however, may be awarded without submission to the Township
Clerk of a certification establishing a basis for the deviation from
the procedures outlined herein.
