[HISTORY: Adopted by the Township Committee of the Township of Bordentown as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-13-2006 by Ord. No. 2006-29 (Ch. 2.114 of the 2003 Municipal Code)]
It is the purpose of this article that, notwithstanding that professional service 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 the Local Unit Pay-to-Play Law, N.J.S.A. 19:44A-20.3 to 20.12, to henceforth award such contracts through a competitive, quality-based, open and fair process, unless a specific determination to the contrary is made by the Township Committee.
The Township of Bordentown, or any agency or instrumentality thereof, shall not enter into a contract exempt from public bidding requirements, having an anticipated value in excess of $17,500 as determined by the municipality, agency or instrumentality, with a business entity if during the preceding one-year period, that business entity has made a contribution that is reportable by the recipient pursuant to 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 elective 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, except through a contract that is awarded pursuant to a fair and open process as set forth herein. 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 qualifications ("RFQ") and/or request for proposals ("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 or on the Internet website maintained by the Township for at least 10 calendar days in advance of the solicitation for the contracts. The notice must include the following information:
(a) 
A description of the requested goods or services;
(b) 
The time, date, and place proposals must be submitted;
(c) 
Contact information for obtaining the proposal document;
(d) 
The name of the government unit requesting the proposal;
(e) 
A statement containing the following language:
This proposal is being solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.5;
(2) 
Awarded under a process that provides for public solicitation of proposals and qualifications, including experience and quality of services;
(3) 
Awarded and disclosed under criteria established, in writing, by the Township of Bordentown prior to the solicitation of proposals or qualifications as set forth in this article; and
(4) 
Publicly announced when awarded.
C. 
For contracts which arise on an occasional basis, professional service contracts may be awarded without following the foregoing provisions, so long as the anticipated value does not exceed the $17,500 threshold set forth above, and the Township Administrator, or department director as the case may be, makes every effort to solicit at least two proposals for said work.
Notwithstanding the foregoing, 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 extraordinary unspecified services, 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.