[Ord. No. 00/25]
This section may be cited as the "Purchasing Ordinance of the
Borough of Watchung."
[Ord. No. 00/25]
As used in this section:
Shall mean the individual duly assigned the authority, responsibility,
and accountability for the purchasing activity of the Borough, and
who has such duties as are assigned to the Purchasing Agent.
Shall mean a properly prepared document authorized by the
Mayor and Council which directs and authorizes a contractor, consultant
or other vendor performing work for or supplying materials and supplies
to the Borough pursuant to a contract to change the quantity or character
of work, service or materials to be performed, rendered or furnished
from that originally specified or estimated and to correspondingly
change the payment due therefor.
Shall mean the Mayor and Council of the Borough of Watchung.
Shall mean contracts for which price bids were solicited
on a unit basis because exact quantities needed were not known at
the time bids were sought. Such contracts, when advertised and awarded,
must include a minimum and a maximum number of units that can be ordered
for each item under the contract. Zero is an acceptable minimum. Orders
placed under such open-end contracts shall not be considered as change
orders for purposes of this section but shall be subject to the requirements
specified in N.J.A.C. 5:34-9. Examples include, but are not limited
to, blacktopping and office supplies such as stationery.
Shall mean a document issued by the Purchasing Agent authorizing
a purchase transaction with a vendor to provide or perform goods or
services to the Borough, which, when fulfilled in accordance with
the terms and conditions of a request of the Purchasing Agent and
other provisions and procedures that may be established by the Borough,
will result in payment by the Borough.
Shall mean any department, agency, commission, bureau or
other unit in the Borough government using supplies or procuring contractual
services as provided for in this section.
[Ord. No. 00/25; Ord. No. 03/18 § 3]
a.
There is hereby established in the administrative and executive services
of the Borough the Purchasing Department and, in that department,
the Office of Borough Purchasing Agent.
b.
The Purchasing Agent shall be appointed by the Mayor with the advice
and consent of the Governing Body and any vacancy in such office shall
similarly be filled by appointment by the Mayor, with the advice and
consent of the Governing Body. The Purchasing Agent shall serve at
the pleasure of the Mayor and Council with no expiration of term.
[Ord. No. 00/25]
The Purchasing Agent shall be the head and have general supervision
of the Purchasing Department. The Purchasing Agent shall perform all
duties required of a department head by law and shall have the powers
and duties prescribed by this section, subject to the provisions of
the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq.
[Ord. No. 00/25]
The Purchasing Agent shall supervise and direct all activities
of the Purchasing Department. The Purchasing Agent shall be in charge
of all purchasing for or on behalf of the Borough or any using agency
therein (excluding school districts) and shall receive requisitions
from said using agencies, establish classifications and standards
for the purchase of supplies and materials for use by the Borough.
The Purchasing Agent shall, subject to directions of the Borough Council,
make purchases, execute contracts and perform such functions and duties
as may be required and necessary for the proper operation of the Purchasing
Department. The Purchasing Agent shall report to the Mayor and Council
through the Borough Administrator.
[Ord. No. 00/25]
The Purchasing Agent shall have the powers and duties, subject
to the provisions of the Local Public Contracts Law, N.J.S.A. 40A:11-1
et seq., to purchase or contract for all supplies and contractual
services needed by the Borough or any using agency therein in accordance
with the purchasing procedure prescribed by law and by this section
and such rules and regulations as the Mayor and Council shall adopt
for the internal management and operation of the Purchasing Department.
[Ord. No. 00/25]
In addition to the purchasing authority conferred by subsection 2-25.6, and in addition to any other powers and duties conferred by this section, the Purchasing Agent shall:
a.
Act to procure for the Borough the highest quality in supplies and
contractual services at the least expense to the Borough.
b.
Discourage uniform bidding and endeavor to obtain full and open competition
insofar as possible on all purchases and sales.
c.
Keep informed of current developments in the field of purchasing,
prices, market conditions and new products, and secure for the Borough
the benefits of research done in the field of purchasing by other
governmental entities, national technical societies and trade and
business organizations.
d.
Prescribe and maintain such forms as the Purchasing Agent shall find
reasonably necessary to the operation of this section.
[Ord. No. 00/25]
Except as herein provided, it shall be unlawful for any Borough
official, employee, representative or member of any board, committee,
commission or agency of the Borough to order or purchase any supplies
or make any contract except through the Purchasing Department.
[Ord. No. 00/25]
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 Purchasing Agent detailed requisitions or estimates
of their requirements for supplies and contractual services in such
manner at such times and for such future periods as the Purchasing
Agent shall prescribe. The Purchasing Agent shall examine each requisition
or estimate and shall have the authority to review it as to quantity,
quality or estimated cost.
[Ord. No. 00/25]
Any contract or purchase order in which any Borough official,
employee, representative or member of any board or agency of the Borough
is financially interested, directly or indirectly, shall be void,
except that before the execution of a purchase order or contract,
the Mayor and Council shall have the authority to waive, by resolution,
compliance with this section when it finds such action to be in the
best interest of the Borough. The Purchasing Agent and every Borough
official, employee, representative or member of any board or agency
of the Borough are expressly prohibited from accepting, directly or
indirectly, from any person, company, firm or corporation to which
any contract or purchase order is or might be awarded, any rebate,
gift, money or anything of value whatsoever, except where given for
the use and benefit of the Borough. In the event that the procedures
described in this section are not followed, such a purchase shall
be void.
[Ord. No. 00/25]
All purchases of and contracts for supplies and contractual
services and all sales of obsolete equipment shall, except as specifically
provided herein, be based wherever possible on competitive bids.
[Ord. No. 00/25; Ord. No. 07-04 § 1]
The Borough establishes the bid threshold at $29,000 provided
that the Purchasing Agent is qualified pursuant to N.J.S.A. 40A:11-9(b).
In the event that the Purchasing Agent is not qualified pursuant to
N.J.S.A. 40A:11-9(b), then the bid threshold is $17,500 as adjusted
pursuant to N.J.S.A. 40A:11-3(c), and the bid threshold shall automatically
increase whenever the bid threshold is increased pursuant to N.J.S.A.
40A:11-3(c).
[Ord. No. 00/25]
Subject to the provisions of the Local Public Contracts Law,
N.J.S.A. 40A:11-1 et seq., all contracts for purchases or services
under 15% of the bid threshold established by law may be awarded without
public advertising for bids and authorization is granted to the Purchasing
Agent to make, negotiate or award such purchases, contracts or agreements
pursuant to this section. If the amount exceeds 15% of the bid threshold
but is less than the bid threshold, then prior to the award of any
purchase, contract or agreement by the Purchasing Agent, the Purchasing
Agent shall, except in the case of the performance of professional
services, solicit two quotations on any such purchase, contract or
agreement where the cost or price thereof exceeds the amount established
pursuant to the Local Public Contracts Law, up to the statutory limitation
provided. Where the purchase or service contract or agreement exceeds
15% of the bid threshold but is less than the bid threshold, prior
to the award of the contract or agreement, a resolution of the Mayor
and Council approving the expenditure is required.
[Ord. No. 00/25]
a.
All using agencies shall submit to the Purchasing Agent, at such
times and in such form as the Purchasing Agent shall prescribe, reports
showing stocks of all supplies which are no longer used or which have
become obsolete, worn out or scrapped.
b.
The Purchasing Agent shall submit to all using agencies, prior to
the sale of surplus materials as described below, a list of items
no longer required to determine if they can use any of the equipment,
parts or supplies listed.
c.
The Purchasing Agent shall have the authority to transfer surplus
stock to other using agencies.
d.
All supplies which have become unsuitable for public use shall be
declared surplus by resolution of the Mayor and Council and the Purchasing
Agent shall have the authority to sell all such surplus supplies.
e.
Sales under this subsection shall be made pursuant to the Local Public
Contracts Law, N.J.S.A. 40A:11-1 et seq. A record of each sale shall
be made and placed on file.
[Ord. No. 00/25]
The Purchasing Agent shall have the authority to join with other
units of government in cooperative purchasing plans as provided by
applicable law when the interests of the Borough could be served thereby.
[Ord. No. 00/25]
No changes in quantities, work performed, services rendered,
materials, supplies or equipment delivered or provided shall be authorized,
permitted or accepted except by the procedures established by applicable
law.
[Ord. No. 00/25]
The issuance of purchase orders pursuant to an open-end contract
shall be considered to be the carrying out of the contract and not
a change order. The following requirements shall apply:
a.
Orders under open-end contracts may not be used for purposes such
as changing the quality or character of items to be provided, nor
to exceed the maximum number(s) of items or units provided for in
the original specifications and contract. Such changes would constitute
a change order.
b.
The certificate of availability of funds required by N.J.A.C. 5:30-14.5
shall be executed at each time a change order is placed, covering
the amount of the change order.
[Ord. No. OR:07/26 § 1; Ord. No. 2009-05 § 1]
All Departmental expenditures must be authorized by the Purchasing
Agent for use in any municipal facility or department. All donated
or otherwise procured equipment shall be reviewed and accepted by
formal resolution of the governing body before utilization or placement
on municipally owned property.
