[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;
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(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.