[HISTORY: Adopted by the Township Council of the Township
of Gloucester 1-14-1985 by Ord.
No. O-84-58. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Gloucester
Township Purchasing and Payment of Claims Ordinance."
For the purpose of this chapter, the terms herein are defined
as follows:
The Township official having the power to prepare the advertisements,
to advertise for and receive bids and, as permitted by law and authorized
by this chapter, to make awards for the Township of Gloucester in
connection with purchases, contracts or agreements.
That amount established under the provisions of N.J.S.A.
40A:11-3 as the amount under which public contracts may be negotiated
or awarded without public advertisement of bids.
[Added 6-12-1989 by Ord.
No. O-89-27]
The Township of Gloucester, in the County of Camden, and
State of New Jersey.
The Township Council of the Township of Gloucester, in the
County of Camden, New Jersey.
A.
Bidding not required.
(1)
Purchases and contracts under the threshold amount. Any purchase,
contract or agreement for the performance of any work or the furnishing
or hiring of materials or supplies, the cost or price of which, together
with any other sums expended or to be expended for the performance
of any work or services in connection with the same immediate program,
undertaking, activity or project or the furnishing of similar materials
or supplies during the same fiscal year paid with or out of public
funds, does not exceed the threshold amount in the fiscal year may
be made, negotiated or awarded without public advertising for bids,
as provided by N.J.S.A. 40A:11-3.
[Amended 5-29-1985 by Ord. No. O-85-31; 6-12-1989 by Ord. No. O-89-27]
(a)
Subdividing contract prohibited. No purchase, contract or agreement,
which is single in character or which necessarily or by reason of
the quantities required to effectuate the purpose of the purchase,
contract or agreement, includes the furnishing of additional services
or buying or hiring of materials or supplies or the doing of additional
work, shall be subdivided, so as to bring it or any of the parts thereof
under the maximum price or cost limitation of the threshold amount
thus dispensing with the requirement of public advertising and bidding
therefor; and in purchasing or contracting for or agreeing for the
furnishing of any services, the doing of any work or the supplying
of any materials or the supplying or hiring of any materials or supplies,
included in or incident to the performance of completion of any project,
program, activity or undertaking which is single in character or inclusive
of the furnishing of additional services or buying or hiring of materials
or supplies or the doing of additional work, or which requires the
furnishing of more than one article of equipment or buying or hiring
of materials or supplies, all of the services, materials or property
requisite for the completion of such project shall be included in
one purchase, contract or agreement.
(2)
Purchases and contracts under state contract. The purchase of materials,
supplies or equipment may be made without advertising for bids or
having rejected all bids pursuant to advertising therefor, if the
purchase is to be made under any contract or contracts for such materials,
supplies or equipment entered into on behalf of the State of New Jersey
by the Division of Purchase and Property in the Department of the
Treasury as provided under N.J.S.A. 40A:11-12.
(3)
Purchases and contracts in case of emergency. Any purchase, contract
or agreement for work, labor, materials, supplies or services may
be negotiated or awarded without public advertising for bids and bidding
notwithstanding the cost or contract price will exceed the threshold
amount when an emergency affecting public health, safety or welfare
requires immediate delivery of the article or the performance of services,
provided the award or the making of such purchase, contract or agreement
is made in compliance with the provisions of N.J.S.A. 40A:11-6.
[Amended 5-29-1985 by Ord. No. O-85-31; 6-12-1989 by Ord. No. O-89-27]
B.
Bidding required.
(1)
Purchase and contracts exceeding the threshold amount. Every contract or agreement for the performance of any work or the furnishing or hiring of any materials or supplies, the cost or the contract price is to be paid out of public funds, not included within the terms of § 16-3A, shall be made or awarded by the Township Council after public advertising for bids and bidding therefor, except as otherwise exempted or specifically provided by law; and no work, materials or supplies shall be undertaken, acquired or furnished for a sum exceeding in the aggregate the threshold amount, except by contract or agreement, as provided in N.J.S.A. 40A:11-4.
[Amended 5-29-1985 by Ord. No. O-85-31; 6-12-1989 by Ord. No. O-89-27]
(2)
Exempted purchases and contracts. Any purchase, contract or agreement of the character described in § 16-3B(1) may be negotiated or awarded by the Township Council without public advertising for bids and bidding if said purchase, contract or agreement is exempted or otherwise enumerated under the provisions of N.J.S.A. 40A:11-5 as an exception to the requirement of advertising for bids and bidding.
A.
Designation. The Business Administrator and Director of the Department
of Administration of the Township of Gloucester shall be, serve and
act as the contracting agent for the Township Council of the Township
of Gloucester pursuant to the provisions of the Local Public Contracts
Law (N.J.S.A. 40A:11-1 et seq.).
B.
Authority and powers to make awards and contracts under the threshold
amount. The contracting agent, in accordance with the provisions of
N.J.S.A. 40A:11-3, shall be and is hereby authorized and empowered
by general delegation to make, negotiate and award on behalf of the
Township of Gloucester, without public bidding, all purchases, contracts
or agreements for the purchases, contracts or agreements for the performance
of any work or the furnishing or hiring of materials or supplies as
provided in such statute, the cost or price of which does not exceed
the threshold amount.
[Amended 5-29-1985 by Ord. No. O-85-31; 6-12-1989 by Ord. No. O-89-27]
(1)
Solicitation of quotations for purchases and contracts $1,000 or
more. Prior to the award of any purchase, contract or agreement which
does not require public advertisement for bids and bidding but which
is or exceeds the estimated cost or price of $1,000 (except for professional
services), the contracting agent shall solicit at least three quotations
whenever practicable, and the award shall be made on the basis of
the lowest responsible quotation received which quotation is most
advantageous to the Township, price and other factors considered;
provided, however, that if the contracting agent deems it impracticable
to solicit competitive quotations in the case of extraordinary unspecifiable
services or in the case of any other purchase, contract or agreement
awarded hereunder, having sought such quotations, determines that
it should not be awarded on the basis of the lowest quotation received,
the contracting agent shall file a statement of explanation of the
reason or reasons therefor which shall be placed in the file with
the purchase, contract or agreement.
(2)
Quotations not required for purchases and contracts less than $1,000.
Any purchase, contract or agreement which does not require public
advertisement for bids and bidding and the cost or price of which
does not exceed $1,000 may be made, negotiated and awarded by the
contracting agent without the solicitation of three quotations.
C.
Authority and power to advertise and receive bids. The contracting
agent, in accordance with the provisions of N.J.S.A. 40A:11-80 and
23, shall be and is hereby authorized and empowered, by general delegation,
to prepare advertisements, to advertise for and to receive bids for
all contracts or agreements for the performance of any work or the
furnishing or hiring of any materials or supplies, the cost or the
contract price of which exceeds the threshold amount and which contracts
or agreements are required, pursuant to the provisions of N.J.S.A.
40A:11-4, to be awarded by the Township Council after advertising
for bids and bidding. Notwithstanding said general authorization and
delegation, the Township Council, from time to time, may by resolution
authorize the Township Engineer or some other Township official to
prepare specifications, advertisements and to advertise for bids on
contracts and agreements for specific projects or undertakings under
the supervision and with the approval of the contracting agent. In
no event, however, shall the contracting agent or other person authorized
to prepare specifications or advertisements actually advertise for
bids on any contract or agreement unless prior authorization or approval
therefor is specifically granted by the Township Council.
[Amended 5-29-1985 by Ord. No. O-85-31; 6-12-1989 by Ord. No. O-89-27]
(1)
Preparation of advertisements. In preparing advertisements and advertising
for and receiving bids, the contracting agent shall comply with the
applicable provisions of the Local Public Contracts Law (N.J.S.A.
40A:11-1 et seq.) and the Local Public Contracts Guidelines and Regulations
promulgated by the New Jersey Department of Community Affairs, Division
of Local Government Services.
(2)
Receiving and reporting bids. At the designated and advertised time
and place at which all bids are to be received and opened, the contracting
agent shall publicly receive the bids and thereupon immediately proceed
to unseal them and publicly announce the contents, which announcement
shall be made in the presence of any parties bidding or their agents,
who are then and there present, and shall also make proper record
of the prices and terms, upon the minutes of the Township Council,
if the award is to be made by the Township Council, or in a book kept
for such purpose if the award is to be made by other than the Township
Council, and in such latter case it shall be reported to the Township
Council for its action when such action thereon is required. No bids
shall be received after the time designated in the advertisement.
D.
Authority and power to award purchases and contracts exceeding the
threshold amount in cases of emergency. The contracting agent, in
accordance with the provisions of N.J.S.A. 40A:11-6, shall be and
is hereby authorized and empowered to negotiate to award a purchase,
contract or agreement for work, labor, materials, supplies, or services
without public advertising for bids and bidding notwithstanding that
the cost or contract price will exceed the threshold amount when an
emergency affecting the public health, safety, or welfare required
immediate delivery of the articles or the performance of services,
provided the award or making of such purchases, contracts or agreements
are made in accordance with the terms and provisions of said statute.
[Amended 5-29-1985 by Ord. No. O-85-31; 6-12-1989 by Ord. No. O-89-27]
A.
Receipt of bids; location.
(1)
All bids solicited pursuant to public advertising shall be sealed
and received at the Municipal Building in the Township of Gloucester
at the time designated in the public notice, and no bid shall be received
after the time designated.
(2)
All sealed bids submitted pursuant to public advertising shall be
publicly opened and announced at the time and place designated in
the public notice.
B.
Award of contracts to lowest responsible bidder. All purchases, contracts,
or agreements which require public advertisement for bids and bidding
shall be awarded to the lowest responsible bidder as provided by law.
C.
Execution of contracts and agreements. All contracts and agreements
awarded by the Township Council and authorized pursuant to law shall
be executed and signed on behalf of the Township of Gloucester by
the Mayor and shall be attested by the Township Clerk. In those instances
where the cost or price of the purchase, contract or agreement is
less than the threshold amount, the contracting agent may execute
and sign the purchase, contract or agreement on behalf of the Township
of Gloucester.
[Amended 5-29-1985 by Ord. No. O-85-31; 6-12-1989 by Ord. No. O-89-27]
A.
General procedures. All purchases to be made by the contracting agent
on behalf of the Township, for supplies, materials, equipment, labor
or other contractual services, the cost or price of which does not
exceed the threshold amount and are not required to be advertised
for bid and awarded by the Township Council, shall be made pursuant
to and in accordance with a requisition and purchase order system
which shall operate as follows:
[Amended 5-29-1985 by Ord. No. O-85-31; 6-12-1989 by Ord. No. O-89-27]
(1)
Form. A written prenumbered requisition and purchase order combined
in one form and consisting of an original and four copies, prepared
and prescribed by the Business Administrator, shall be utilized in
making all purchases.
(2)
Requisition. The head of a department in need and requiring the purchase
of supplies, materials, equipment, labor or other contractual services
shall prepare, complete, code and sign a prescribed requisition form
for the same.
(3)
Approval. Each requisition shall be submitted to and approved by
the contracting agent. If the contracting agent shall approve the
same, he shall indicate his approval by affixing his signature thereon.
(4)
Treasurer. Each requisition shall be submitted to the Treasurer who
shall ascertain the existence of proper and sufficient appropriations
for the requisitioned purchase. If there exists sufficient unencumbered
appropriations for such purpose, the Treasurer shall authorize the
purchase by signing the requisition and assigning a purchase order
number.
(5)
Purchase order. The purchase order and copies shall be distributed
as follows:
(a)
Original
shall be given to the vendor. It shall be the voucher which is to
be properly completed and signed by the vendor and submitted to the
Treasurer for approval and payment after satisfactory delivery or
performance of the supplies, materials, equipment, labor or other
service furnished or provided by the vendor.
(b)
First
copy shall also be given to the vendor. It shall be the purchase order.
(c)
Second
copy shall be given to the department that is to receive the purchase.
When the purchase is received, the second copy shall be given to the
contracting agent to review the same and then returned to the Treasurer
with the delivery or invoice ticket. If no delivery or invoice ticket
is available, the person receiving the goods or services shall so
signify in writing.
(d)
Third
copy shall be retained by the Treasurer and filed in alphabetical
order until payment is made. Thereafter it shall be pulled from said
file and filed in alphabetical order in a paid file.
(e)
Fourth
copy shall be retained by the Treasurer and, after payment is made,
returned to the department head originally making the requisition.
B.
Department statement. Each department shall follow the prescribed
requisition and purchase order system, and upon request of the contracting
agent, shall submit a complete statement of the supplies, materials,
equipment, work, labor and services under contract which will be required
for said department during the ensuing year, half year or quarter
year, as the contracting agent may determine, according to the best
estimate of the department head. Such statement shall be in writing
and in such form and detail as the contracting agent may require.
C.
Approval of purchase order. No officer, employee, agent or servant
of the Township shall make any purchase on the part of the Township
unless such shall have been properly approved and authorized by a
purchase order.
D.
Emergency work. In cases of emergency, during off-hours, work may
be authorized but a purchase order must be obtained therefor on the
next working day.
E.
Miscellaneous purchases from particular vendor; limitation. In instances
where numerous miscellaneous purchases are made from a particular
vendor, a purchase order may be issued in an amount not to exceed
$250 for a specific month. When the purchases total said sum, an additional
purchase order may be issued in an amount not to exceed $250 for a
specific month.
F.
Inspection upon delivery or performance. The contracting agent shall
make, or cause to be made, proper inspection and inquiry of purchases
to ascertain whether the supplies, materials, equipment, labor or
services have been delivered or performed in accordance with specifications
of the purchase order or contract.
G.
Encumbrance reservation.
(1)
Upon approval of a requisition and assignment of purchase order by
the Treasurer, the Treasurer shall cause an encumbrance reservation
in the amount of the proposed purchase or contract to be made against
said requisition for said purchase or contract; provided, however,
that if the purchase or contract is made under a specific budgetary
line item appropriation therefor, the encumbrance reservation shall
be against such line item appropriation. No purchase or contract shall
be authorized unless there is available sufficient uncommitted unencumbered
appropriations to provide for payment therefor.
(2)
The Township Treasurer shall prepare and issue a purchase order,
establish and maintain files and records and cause an encumbrance
reservation to be made against the appropriate budgetary line item
for all purchases, contracts or agreements made, authorized or awarded
by the Township Council.
