[HISTORY: Adopted by the Township Committee
of the Township of Lumberton 5-20-1985 by Ord. No. 1985-8 (part of Ch. II of
the 1973 Code). Amendments noted where applicable.]
Lumberton Township recognizes that it is in
the public interest to develop and adopt a purchasing procedure manual
to assist all department heads and employees in the procurement of
goods and services on behalf of the Township; and the Township recognizes
that a uniform, established purchasing procedure is in the public
interest in order to control spending and efficiently manage government
expenditures.
A purchase procedure manual for Lumberton Township
in accordance with all state statutes, rules and regulations is hereby
authorized by Lumberton Township. Each municipal department of Lumberton
Township must abide by the state-mandated purchasing system in order
to control spending and efficiently manage each department's budget,
in order to regulate expenditures and to prevent overexpenditure of
Township funds.
Said purchasing procedure manual will be prepared
by the office of the Township Clerk/Administrator and promulgated
by that office. Copies shall be made available for all departments
and shall be available for public inspection and review. Said purchasing
procedure manual for Lumberton Township, available at the office of
the Township Clerk/Administrator, is hereby incorporated by reference
in this chapter.
[Added 12-18-2006 by Ord. No. 2006-19; amended 12-7-2023 by Ord. No. 2023-14]
The provisions of § 54-4 through § 54-6 of this chapter shall govern the award of all professional services contracts to which said sections and the provisions of N.J.S.A. 19:44A-1 et seq. apply. In the event of a conflict between state statute and any other purchasing procedures established by the Township, the state statute shall control.
[Added 12-18-2006 by Ord. No. 2006-19; amended 12-7-2023 by Ord. No. 2023-14]
As used in this chapter, the following terms
shall have the meanings indicated:
For purposes of this chapter means, as defined by N.J.S.A.
40A:11-2(6), services rendered or performed by a person authorized
by law to practice a recognized profession, whose practice is regulated
by law, and the performance of which services requires knowledge of
an advanced type in field of learning acquired by a prolonged formal
course of specialized instruction and study as distinguished from
general academic instruction or apprenticeship and training. For purposes
of this chapter, however, professional services shall not include
professional artistic services as defined at N.J.S.A. 40A:11-2(6).
Professional services shall include financial services or insurance
services.
As determined by the State Treasurer as applied to the award
of Title 19 contracts, and as determined by the governing body as
applied to professional service contracts with value of $17,500 or
less.
A contract or agreement, between the Township of Lumberton
and a "business entity" as defined within N.J.S.A. 19:44A-20.7, which
has an anticipated value in excess of $17,500 as determined in advance
and certified in writing by the Township Purchasing Agent, including
but not limited to professional services contract, extraordinary unspecifiable
contracts, other contracts exempt from bidding (value in excess of
$17,500 but less than Township's bid threshold), and cooperative
purchasing. Contracts awarded by competitive contracting pursuant
to N.J.S.A. 40A:11-4.1 et seq. and contracts which must be publicly
bid under the Local Public Contracts Law are not included in the definition
of "Title 19 Contracts" for purposes of this chapter.
[Added 12-18-2006 by Ord. No. 2006-19; amended 12-7-2023 by Ord. No. 2023-14]
A.
The municipality shall award all Title 19 contracts and all contracts
for the provision of professional services in a fair and open process
and on the basis of qualification based, competitive negotiation.
B.
Professional service contract and Title 19 contract requests for
proposals shall be published by the posting of a public notice at
least 10 days prior to the awarding of any Title 19 contract or contract
for professional services.
C.
The public notice shall be:
(1)
Prominently posted in the public place reserved for Sunshine Law
notices;
(2)
Mailed, telephoned, telegrammed, faxed or hand delivered to at least
two newspapers designated to receive such notices because they have
the greatest likelihood of informing the public within the municipality,
one of which shall be the official newspaper of the municipality,
or on the internet website maintained by Lumberton Township; and
(3)
Filed with the clerk of the municipality.
D.
The public notice shall, at minimum, include:
(1)
A description of the services or goods needed, including, where appropriate,
a description of tasks involved.
(2)
Threshold qualification requirements setting the highest possible,
minimum standards for qualifying to complete for the particular services,
tasks and/or goods involved.
(3)
Notice that standardized submission requirements and selection criteria
are on file and available at a stated location in the Township.
(4)
Deadline and place for all submissions, and the manner by which the
contract shall be publicly opened and announced when awarded.
E.
Standardized submission requirements shall include:
(1)
Names and roles of the individuals who will perform the task and
a description of their experience with projects similar to the matter
being advertised.
(2)
References and record of success.
(3)
Description of ability to provide the services in a timely fashion
(including staffing, familiarity and location of key staff).
(4)
Cost details, including the hourly rates of each of the individuals
who will perform services and time estimates for each individual,
all expenses, and, where appropriate, total cost of "not to exceed"
amount.
F.
The selection criteria to be used in awarding a Title 19 contract
or a contract or agreement for professional services shall include:
(1)
Full name and business address.
(2)
Qualifications of the individuals who will perform the tasks and
the amounts of their respective participation (professional services
contracts only).
(3)
Any professional or business licenses held by the applicant in the
State of New Jersey, or any other state, including a "certificate
of good standing," or other documents evidencing that the license
is not presently suspended or revoked.
(4)
The number of licensed professionals employed by, or associated with,
the applicant.
(5)
A listing of all degrees (college and/or graduate degrees) held by
the applicant and any associated professionals in the business entity
(professional service contracts only).
(6)
A listing of all public entities for whom the business entity has
had a contractual relationship, either currently or previously, including
the dates of service and the contracts held.
(7)
A listing of any professional affiliations or membership in any professional
societies or organizations, including any offices or honors held (professional
services contracts only).
(8)
Experience and references.
(9)
Ability to perform the task in a timely fashion (professional service
contracts shall include staffing and familiarity with subject matter).
(10)
Cost consideration, including, but not limited to, historical costs
for similar professional services, expertise involved and comparable
costs for comparable public entities.
G.
All contracts awarded under the processes and procedures set forth
in this chapter shall be publicly opened and announced when awarded.
H.
All submissions shall be kept on file during the term of the related
contract, and shall be public records after the deadline for the submission
or proposals and award of the contract.
I.
Exceptions.
(1)
If public exigency requires the immediate delivery of goods or performance
of emergency services, the Township Council may waive part or all
of the requirements by a majority vote of the full Council in the
appointing resolution, setting forth with specificity the reasons
such waiver is required.
(2)
If requests for proposals have been advertised pursuant to this chapter
and: a) no responses have been received; or b) less responses were
received than the number of positions needed; or c) responses received
did not meet the minimum specifications or were otherwise nonresponsive,
the governing body may negotiate with any qualified business entity
and may award a contract upon adoption of a resolution by a two-thirds
affirmative vote of the authorized membership of the governing body.
The terms, conditions, restrictions and specifications set forth in
the negotiated contract may not be substantially different from those
which were the subject of request for proposals.
