[Adopted by MC 2018-22, September 11, 2018]
Beginning with the calendar year 2012, the City of Plainfield
shall commence operating on a calendar fiscal year as permitted and
pursuant to N.J.S.A. 40A:4-3.2, provided however that such a fiscal
calendar year reversion may not be effective until approval is received
from the New Jersey Local Finance Board as required by law and said
approval is received from the New Jersey Local Finance Board as required
by law and said approval is properly filed in the Office of the City
Clerk on or before July 14, 2011, or as soon thereafter as is practical.
The budget document shall consist of the Mayor's budget message,
a proposed current expense budget, a proposed capital budget, a budget
summary, and such explanatory comments, exhibits and schedules as
the Mayor may deem necessary or desirable to explain the relation
of the budget plan to the needs and fiscal resources of the City.
(a) During the month of October, each department head shall submit to
the Business Administrator requests for appropriations for the ensuing
budget year, including a statement of departmental programs, expenditures
and employees for the last completed fiscal year and for the then
current fiscal year as estimated together with the departmental requests
for the ensuing year. In a separate capital section, the departmental
requests shall also set forth the estimated capital needs and appropriation
requests for capital purposes of the department for the then current
fiscal year and the five (5) ensuing fiscal years.
(b) During the month of November in each year, each department head shall
appear before the Business Administrator at public hearings to be
held during that month on the various requests. Following the hearing
the Business Administrator shall compile, analyze and evaluate the
request for appropriation received from department heads, for consideration
by the Mayor.
(c) Prior to the end of each fiscal year the Planning Board established
pursuant to law shall prepare and transmit to the Mayor and the Council
a proposed capital budget at such time and in such form and covering
such period of years as will comply with the requirements of capital
budgeting established by or pursuant to state law. As to each project,
the proposed capital budget shall at least set forth the estimated
cost, its priority as compared with other projects required by the
City, its method of financing, and the amount required for the "down-payment"
under the local bond law; the amount of bonds to be issued and the
amount to be raised by other sources, together with an estimate of
the effect of the acquisition and operation of each project upon the
current operating expense budget.
(d) On or before December 15 in each year, the Director of Finance shall
prepare estimates of property and nonproperty tax revenues which may
be anticipated for the support of the budget for the ensuing fiscal
year.
(e) Not less than thirty (30) days prior to the last day for introduction
of the budget as prescribed by the local budget law, the Mayor shall
submit to the Council the budget document which shall include the
City budget as is required by law for municipal budgets. There shall
be appended to the budget a detailed analysis of all items of expenditure
and revenue. Such analysis shall include a comparison of the total
number of positions of each class and grade to be authorized by the
budget with the actual number thereof employed at the beginning and
ending of the preceding budget period. So far as practicable, such
analysis shall include appropriate statements of the cost of performance
of functional programs and activities in terms of quantitative, countable
units of work for operating and capital expenditures.
(f) There shall also be appended to the budget document a capital section
which shall include a budget of capital projects proposed or continued
for the current budget year.
(g) The Mayor may amend his/her executive budget prior to introduction
of the annual budget to the Council. Such amendment shall be made
in writing and filed with the City Comptroller with a copy to the
Clerk and additional copies delivered to each Councilman prior to
the introduction of the annual budget.
The Council shall consider and act upon the Mayor's current budget and capital budget in accordance with Section
5.6 of the Charter.
Budget appropriations shall be controlled by an encumbrance
system which shall be installed and administered under the direction
and supervision of the Director of Finance. In consultation with department
heads, the Business Administrator may establish quarterly or such
other periodic allotments of appropriations as s/he may deem desirable.
Each department shall plan and administer its expenditure program
within the limits of such allotments, and no commitment shall be approved
in excess of any such allotment except upon written authorization
of the Business Administrator.
All purchases of any supplies, materials, equipment or contractual
services for the City's account shall be made in the manner required
by this article, the Local Public Contracts Law, N.J.S.A. 40A:11-1
et seq. and other applicable law. Except as otherwise permitted by
law, all contracts for supplies, materials, equipment or contractual
services that in a contract year exceeds in the aggregate the statutory
bid threshold shall conform with applicable requirements of State
statutes for competitive bidding. Professional service contracts,
extraordinary unspecified services contracts, and all other contractual
service contracts shall be awarded upon resolution of the governing
body.
Notwithstanding any language to the contrary, or otherwise established
in the Municipal Code, the competitive bid threshold amount for the
receipt of all public bids for the City of Plainfield is established
at Seventeen Thousand Five Hundred Dollars ($17,500.00).
(a) Where contracts are let to public competitive bidding, the Council
may upon recommendation of the Business Administrator with respect
to all contracts other than public works contracts, and upon recommendation
of the Director of Public Works with respect to public work contracts,
let the contract in the manner prescribed by law. Bids shall be received
at the time and place specified in the public notice to bidders (which
may be at a time and place other than at a meeting of the Council)
and may be opened and analyzed either by the Council or a Bids Committee
(herein designated as the contracting agent of the City Council for
the purpose of reviewing bids, pursuant to N.J.S.A. 40A:11-23), composed
of the director of the department for which the supplies or material
have been ordered, the Purchasing Agent, and the Business Administrator,
or their respective designees. The Purchasing Agent shall serve as
the head of the Bids Committee and shall supervise and monitor all
bid activities and bid openings. The bids shall be unsealed in public,
and the contents of each bid announced and the prices and terms thereof
recorded in the minutes of the Council or the Bids Committee, as required
by N.J.S.A. 40A:11-23.
(b) If received by the Bids Committee, the bids may then be analyzed
by the Committee and a recommendation made as aforesaid, which recommendation,
together with the original bids, shall be submitted to the Council
at its next meeting, at which meeting the report of the Bids Committee
shall be entered upon the minutes of the Council. The Council shall
thereafter proceed either to let the contract in question or take
other such action as the Council shall deem necessary and proper.
(c) Except for the purpose of reviewing bids by the Bids Committee, the
Purchasing Agent shall serve as contracting agent for the City of
Plainfield, shall perform such other duties and have such other functions
as may be granted to such contracting agent, pursuant to N.J.S.A.
40A:11-1 et seq. Such duties shall not include the receipt of mailed
bids, which duty shall be performed by the Clerk of the City, who
shall accept mail receipt of such bids, maintain the same unopened,
and turn such bids over to the contracting agent at the time and place
set forth for the receipt of bids.
Where purchases that in the aggregate are less than the bid
threshold but fifteen percent (15%) or more of that amount, the Purchasing
Agent shall obtain, wherever possible at least two (2) written price
quotations for the item or items purchased, shall record and retain
such quotations for at least two (2) years from the time they are
furnished, and shall include a copy of the record of the quotation
solicitation with the voucher used to pay the vendor. The award shall
be made to a vendor whose response is most advantageous, price and
other factors considered.
(a) No contract which in the aggregate is single in character or which
includes the provision or performance of additional goods or services,
shall be divided, so as to bring it or any of the parts thereof under
the bid threshold, for the purpose of dispensing with the requirement
of public advertising and bidding. In contacting for the provision
or performance of any goods or services included in or incidental
to the provision or performance of any work which is single in character
or include the provision or performance of additional goods or services,
all of the goods or services required to complete such contract shall
be included in one (1) contract.
Emergency contracts may be awarded on behalf of the City without
public advertising for bids and bidding, even if the contract price
will exceed the bid threshold, when an emergency affecting the public
health, safety or welfare requires the immediate delivery of goods
or the performance of services. Emergency contracts shall be made
in accordance with the Local Public Contracts Law and implementing
regulations, and shall also be made in the following manner:
(a) The division head in charge of the division wherein the emergency
occurred, or such other officer or employee as may be authorized to
act in place of that official, shall notify the purchasing agent,
their department head, and the Business Administrator, of the need
for an emergency contract, the nature of the emergency, the time of
its occurrence and the need for invoking this section. Such notification
shall be reduced to writing and filed with the Purchasing Agent. If
the Business Administrator or authorized designee and Purchasing Agent
is satisfied that an emergency exists, the Purchasing Agent shall
be authorized to award a contract or contracts for such purpose as
may be necessary to respond to the emergent needs. The Purchasing
Agent shall ensure that any documents required of the service provider
by law, and where appropriate, a certificate of insurance, is provided
prior to authorization of payment for the work.
(b) The governing body shall be advised in writing of the emergency contract
award at the next agenda session of the Council.
(c) Upon the furnishing of such goods or services in accordance with
the terms of the contract, the governing body shall take such action
as shall be required to provide for the payment of the contract price.
The Business Administrator shall establish or approve uniform
standards for requisitions and purchases. The Purchasing Agent shall
control the delivery of all supplies, materials and equipment and
other items purchased, shall make or cause to be made proper tests,
checks and inspections thereof, and shall ensure that all documents
required by law are affixed to the purchase order or contract. The
Purchasing Agent shall ascertain whether the supplies, materials,
equipment and other items purchased comply with the specification,
and shall cause laboratory or other tests to be made whenever, in
the opinion of the division head, it is necessary to determine whether
the materials of supplies furnished are of the quality and standard
required.
(a) Purchases shall be made upon requisition of a department head to
the Purchasing Agent under such procedures and in such form as the
Business Administrator may prescribe or approve. Except as the Business
Administrator may authorize in case of emergency, no purchase shall
be made and no bill, claim or voucher shall be approved unless the
procedures prescribed by or pursuant to the Code and Local Public
Contracts Law have been followed. All purchase orders and contracts
shall be accompanied by the certification of the City Comptroller
that a sufficient encumbrance balance of appropriation is available
to pay therefor, and such other documents as may be required by law.
(b) The director of each department shall designate by writing filed
with the City Comptroller the name or names of employees in the department
authorized to receive supplies, materials and equipment. The person
so designated shall accept deliveries, and sign for them, only where
the goods are in exact conformity with the order. Should there be
any doubt as to quality or quantity, the receiving employee shall
immediately notify the department head for appropriate action. If
any supplies, materials or equipment are rejected, the department
head shall immediately notify the Comptroller.
(a) Pursuant to the provisions of N.J.S.A. 40:23-6.26 to 40:23-6.29,
the City is hereby authorized to enter into contracts with the County
of Union for the joint use by the City and other municipalities in
the County of Union of administrative services and facilities of the
Office of Purchasing Agent of the County of Union appropriate to the
procurement of certain materials, supplies and equipment which may
be determined to be required from time to time by the City, and which
the City may otherwise lawfully purchase for itself.
(b) Pursuant to the provisions of N.J.S.A. 40A:11-9 to 11, the City is
hereby authorized to enter into joint agreements between other contracting
units for the provision and performance of goods and services for
use by the City.
All change orders shall be made and approved so as to comply
with the Local Public Contracts Law and implementing change order
regulations. All change orders shall be approved by resolution of
the governing body prior to commencement of the work, except for minor
field modifications, which shall be made and approved as set forth
in subsection (a) below:
(a) Minor field modifications. Minor field modifications may be approved
by the Mayor or his/her or her designee without formal Council approval,
subject to such limitations as established by State law and supplemental
procedures as approved by the City Council.
All contracts except for purchase orders shall be reviewed by
the Corporation Counsel prior to execution. The Mayor or Business
Administrator shall execute and sign contracts let and authorized
pursuant to the Charter and ordinances, and their respective signatures
may be attested to by the Clerk.
(a) Standard questionnaire; effect of unsatisfactory answers. The City
hereby adopts a standard form of statement or questionnaire for bidders
on public works and contracts and hereby requires from any person
proposing to bid upon any such public work or contract a statement
or answers showing his/her financial ability and experience in performing
public work and describing the equipment available to such bidder
in the performance of such work or contract, and if not satisfied
with the sufficiency of this statement or answers may refuse to furnish
plans and specifications to him/her. The form of such questionnaire
shall be designated by the Director of Public Works in accordance
with the standards set forth in this article.
(b) Such statements and questionnaires shall be standardized for like
classes of work to be submitted to prospective bidders who may be
required to respond to questions under oath. The statement or answer
shall disclose fully the financial ability, adequacy of plant and
equipment, organization and prior experience of the prospective bidder,
and such other pertinent and material facts as may be required.
(c) Prospective bidders shall be classified as to the character and amount
of public work or contracts as to which they shall be qualified to
submit bids, and bids shall be accepted only from persons so qualified.
The classification shall be made and an immediate notice thereof shall
be sent to the prospective bidders by certified or registered mail
within eight (8) days after the date of receipt of their respective
statement of answers. Such notice shall state in writing why such
prospective bidder was found either unqualified or limited in qualification
as to the character or amount of public work or contract as to which
s/he may be qualified to submit bids.
(a) There is hereby established a Board of Review upon classification
and reclassification of prospective bidders. This Board shall consist
of one (1) member of the City Council of the City of Plainfield and
two (2) citizens of the City to be designated by the Mayor with the
advice and consent of the City Council. In no event shall members
of the Board of Review be appointed by the Mayor unless and until
public notice is given to citizens of the City of Plainfield who shall
be given an opportunity to propose candidates for such Board. The
City Clerk shall be the Secretary of the Board of Review and shall
keep a complete record of its proceedings and decisions. The members
of the Board shall serve without compensation.
(b) Any prospective bidder who is dissatisfied with his/her original
classification or reclassification may, upon receipt of notice thereof,
request in writing a hearing of the matter before the Board of Review.
The request shall be filed with the contracting agent and the Secretary
of the Board. The Board shall hold a hearing at which the prospective
bidder shall be entitled to be heard and to submit additional information.
The Board shall review the responsibility of all prospective bidders
who have filed statements or answers, considering both the statements,
answers, and any additional information given at the hearing, and
shall certify to the contracting unit concerning its decision as to
the original classifications or reclassifications, if any. The decision
shall be by a majority vote. The Board shall give the prospective
bidder a statement in writing setting forth the specific reasons for
the Board of Review's decision, and enter the same upon the minutes
of the Board of Review to be available to the City Council in the
event of an appeal from the decision of the Board. In order for any
change in classification by the Board to be effective for public work
or contract previously advertised, the request shall be filed not
less than five (5) days prior to the final day for submission of bids
and the Board shall hold a hearing and act upon the request not less
than two (2) days prior to the date fixed for this next opening of
bids on any public work contract for which such prospective bidder
might be qualified to bid as a result of the reclassification.
(c) If any person after being notified of his/her classification, shall
be dissatisfied therewith or with the classification of other bidders,
s/he may request in writing a hearing before the City Council, in
accordance with N.J.S.A. 40A:11-29.
(a) Changes in circumstances after qualification of bidder; hearing. Nothing herein contained shall be construed as depriving the City Council of the right to reject a bid at any time prior to the actual award of a public work or contract, where the circumstances of a prospective bidder have changed subsequent to the qualification and classification of the said bidder, which in the opinion of the awarding contract unit would adversely affect the responsibility of the bidder. Before taking final action on any such bid, the Bids Committee established in Section
2:10-6, or the City Council shall notify the said bidder in writing of the specific reasons for the rejection of such bid and afford him/her or her an opportunity to present any additional information which might tend to sustain the existing classification.
(b) Supplementing prior statements. No person shall be qualified to bid
on any public work or contract unless s/he shall have submitted a
statement or answers as herein required within a period of six (6)
months preceding the date of opening of bids for the public work or
contract, if the bidders thereon are required to be classified hereunder.
In any case where the City of Plainfield shall require classification
of the bidders in compliance with these sections, each bidder on any
public work or contract shall be required to submit a statement listing
the changes in the statement or answers herein required as part of
his/her bid submission.
(c) Forfeiture of deposit in certain cases. A deposit made by any person
who makes or causes to be made a false, deceptive or fraudulent statement
or answers in response to a questionnaire or in the course of a hearing
hereunder may be caused to be forfeited, as liquidated damages by
and to the City of Plainfield.
(a) Definitions: Professional services for purposes of this section means,
as defined at N.J.S.A. Sec. 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 a 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 section, however, professional
services shall not include professional artistic services as defined
at N.J.S.A. Sec. 40A:11-2(6). Professional services shall include
financial services or insurance services.
(b) General provisions:
(1)
The municipality shall award all contracts or agreements for
the provision of professional services on the basis of qualification
based, competitive negotiation.
(2)
Professional service contract requests for proposal shall be
published by the posting of a public notice at least ten (10) days
prior to the awarding of any contract for professional services.
(c) Public notice as hereinabove described shall be:
(1)
Prominently posted in the public place reserved for Sunshine
Law notices; and
(2)
Mailed, telephoned, telegrammed, or hand delivered to at least
two (2) 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;
and
(3)
Filed with the Clerk of the municipality.
(d) The public notice required herein shall include, at a minimum, the
following:
(1)
A description of the professional services needed, including,
where appropriate, a description of tasks involved; and
(2)
Threshold qualification requirements setting the highest possible,
minimum standards for qualifying to compete for the particular services
and tasks involved; and
(3)
Notice that standardized submission requirements and selection
criteria are on file and available at a stated location in the City;
and
(4)
Deadline and place for all submissions.
(e) All responders to the City's notice for the provision of professional
services pursuant to competitive negotiation shall provide, at a minimum,
the following information:
(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; and
(2)
References and record of success; and
(3)
Description of ability to provide the services in a timely fashion,
including staffing, familiarity and location of key staff; and
(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 award a contract or agreement for professional
services shall include, but not necessarily limited to, the following:
(1)
Qualifications of the individuals who will perform the tasks
and the amounts of their respective participation; and
(2)
Experience and references; and
(3)
Ability to perform the task in a timely fashion, including staffing
and familiarity with subject matter; and
(5)
To the extent that the City identifies additional criteria in
evaluating all responders for the provision of professional services,
all such additional criteria shall be made known to all who respond
thereto.
(g) All submissions received by the City in response to notices for the
provision of professional services shall be kept on file by the Purchasing
Agent or his/her designee during the term of the contract award, and
shall be deemed a public record subsequent to the deadline for the
submission of proposals.
(h) Upon the written application of the Business Administrator, or his/her
designee, the City Council may, by majority vote, waive any part of
or all of the requirements of any particular contract or agreement
upon its satisfaction and agreement with the Business Administrator's
evaluation and need therefor provided however, that any such approval
shall require the publication of the City Council resolution setting
forth with specificity the reasons such waiver(s) is required.
(i) In the event that compliance with part or all of the requirements
of this section is impracticable as regards a particular contract
or agreement, the City Council may waive part or all of the requirements
by a majority vote of the full Council together with publication of
a resolution setting forth with specificity the reasons such waiver
is required.
[Added 3-11-2024 by Ord. No. MC 2024-09]
(a) Definitions: The following definitions shall be applicable to this
section:
(1)
JOINT VENTURE — An association of one or more minority
business enterprise, women business enterprise, or veteran owned business
in combination with one or more non-MBE/WBE/VOB proposing to perform
as a single for-profit enterprise, in which each joint venture partner
contributes property, capital, efforts, skill and knowledge. Joint
ventures must have an agreement in writing specifying the terms and
conditions of the relationship between the partners and their respective
roles in the contract. The City is to issue payment for services to
joint ventures on checks to be endorsed by each partner of the enterprise.
(2)
MINORITY BUSINESS ENTERPRISE OR MBE — A business which
has its principal place of business in this state, is independently
owned and operated, is at least fifty-one percent (51%) owned and
controlled by minority group members.
(3)
MINORITY GROUP MEMBERS — Persons who are black, Hispanic,
Portuguese, Asian-American, American Indian or Alaskan natives.
(4)
WOMEN'S BUSINESS ENTERPRISE OR WBE — A business which
has its principal place of business in this state, is independently
owned and operated, is at least fifty-one percent (51%) owned and
controlled by women.
(5)
SET-ASIDE CONTRACTS — (1) a contract for goods, equipment,
construction, or services which is designated as a contract for which
bids are invited and accepted only from qualified small business enterprises,
qualified veteran business enterprises, qualified minority business
enterprises or qualified women's business enterprises, as appropriate;
(2) a portion of a contract when that portion has been so designated;
or (3) any other purchase or procurement so designated.
(6)
VETERAN — Shall have the same meaning as set forth in
N.J.S.A. 11A:5-1(b), except that the veteran shall present to the
Adjutant General of the Department of Military and Veterans' Affairs
sufficient evidence of a record of service and receive a determination
of status no later than the date established for the submission of
bids; and
(7)
VETERAN BUSINESS ENTERPRISE OR VBE — A business which
has its principal place of business in this state, is independently
owned and operated, is at least fifty-one percent (51%) owned and
controlled by a veteran or that wherein at least twenty-five percent
(25%) of the required workforce for the contract are veterans, including
new hires if additional workers are required to perform the contract,
The business shall also submit forms quarterly to the contracting
agency showing proof of veteran status for all the veteran employees.
(8)
SMALL BUSINESS ENTERPRISE OR SBE — A business which has
its principal place of business in this state, is independently owned
and operated and meets all other qualifications as may be established
in accordance with P.L. 1981, c. 283 (C. 52:27H-21.1 et seq.).
(b) Set-Aside Goals.
(1)
Unless prohibited by any federal, state or local law, for any
contract advertised, or if not advertised after the effective date
of this section, the MBE/WBE/VOB set-aside and joint venture program
created herein shall have the following goals and shall serve as the
initial goals for the City of Plainfield to pursue. There shall be:
(A)
Nonprofessional Services:
(i) WBE: Fifteen percent (15%) total average "spend"
on contracts for nonprofessional services (catering, printing, marketing,
etc.) awarded to WBE's by way of set-asides.
(ii) MBE: Fifteen percent (15%) total average "spend"
on contracts for nonprofessional services (catering, printing, marketing,
etc.) awarded to MBE's with by way of set-asides.
(iii) VOB: Five percent (5%) total average "spend"
on private contracts for nonprofessional services (catering, printing,
marketing, etc.) awarded to VOB's by way of set-asides.
(B)
Professional Services:
(i) WBE: Fifteen percent (15%) total average "spend"
on private contracts for professional services (lawyers, architects,
accountants, financial advisers, engineers, and consultants, etc.)
awarded to WBE's by way of set-asides.
(ii) MBE: Fifteen percent (15%) total average "spend"
on private contracts for professional services (lawyers, architects,
accountants, financial advisers, engineers, and consultants, etc.)
awarded to MBE's by way of set-asides.
(iii) VOB: Five percent (5%) total average "spend"
on private contracts for professional services (lawyers, architects,
accountants, financial advisers, engineers, and consultants, etc.)
awarded to VOB's by way of set-asides.
(C)
Goods and Services:
(i) WBE: Fifteen percent (15%) total average "spend"
on private contracts for goods and services (office supplies, cleaning
products, furniture, etc.), awarded to WBE's by way of set-asides.
(ii) MBE: Fifteen percent (15%) total average "spend"
on private contracts for goods and services (office supplies, cleaning
products, furniture, etc.), awarded to MBE's by way of set-asides.
(iii) VOB: Five percent (5%) total average "spend"
on private contracts for goods and services (office supplies, cleaning
products, furniture, etc.), awarded to VOB's by way of set-asides.
(D)
Construction:
(i) WBE: Fifteen percent (15%) total average "spend"
on Construction contracts for goods and services (office supplies,
cleaning products, furniture, etc.), awarded to WBE's by way of set-asides.
(ii) MBE: Fifteen percent (15%) total average "spend"
on Construction contracts for goods and services (office supplies,
cleaning products, furniture, etc.), awarded to MBE's by way of set-asides.
(iii) VOB: Five percent (5%) total average "spend"
on Construction contracts for goods and services awarded to VOB's
by way of set-asides.
(E)
The total average dollar "spend" on MBE's, WBE's, and/or VOB's,
shall not be credited or categorized more than once against a set-aside
or joint venture's MBE, WBE, or VOB commitment with respect to all
City contracts of such contractor and must be recorded as one or the
other for reporting purposes.
(F)
A registered small business enterprise ("SBE") may participate
in a joint-venture program, if it agrees to enter into a joint venture
with a MBE, WBE, or VOB, and the MBE, WBE, or VOB must receive fifty
percent (50%) of the profits from the contract and perform fifty percent
(50%) of the work necessary to fulfill the contract.
(c) Exceptions.
The City of Plainfield Purchasing Agent may forego awarding
a contract pursuant to this section, under the following conditions:
(1)
An emergency exists, as a specific, documented and definable
danger to public health, safety or welfare; or
(2)
Where an eligible MBE, or WBE, or VOB joint venture or set aside
is determined by the Purchasing Agent to be unqualified or ineligible
to perform the contract, to be proven by way of proof of misrepresentation
as to the requirements of the contract or a determination as to same
is made by a Court of law; or
(3)
Where the Purchasing Agent determines that two (2) bids from
qualified MBE, WBE, VOB or a qualified Joint Venture cannot be obtained
pursuant to N.J.S.A. 40A:11-46(a); or
(4)
Where the Purchasing Agent determines that the acceptance of
the lowest responsible bid will result in the payment of an unreasonable
price pursuant to N.J.S.A. 40A:11-46(b).
(d) Miscellaneous.
(1)
For the purposes of joint ventures, the bonding requirement
for any contract awarded the joint entity formed, for purposes of
complying with this section, shall be the liability of the entity
formed to satisfy same.
(2)
For all contracts advertised after the effective date of this
section, the Purchasing Agent shall make a good faith effort to attain
the goals established by the Board pursuant to this section.
(3)
As it relates to joint ventures and set-asides, a condition
of being awarded a contract under this section, the eligible MBE,
WBE, or VOB joint venture or set-aside shall continue to meet the
definition and satisfy the criteria of an eligible joint venture or
set-aside during the term of the contract for which the bid incentive
was awarded. Furthermore, the joint venture contract awardee shall
maintain accurate and detailed books and records necessary to monitor
compliance with this section and shall submit such reports as required
by the Purchasing Agent and his/her designee.
(4)
The Purchasing Agent and the Affirmative Action Commission shall
be required to adopt policy, rules and regulations for the proper
administration and enforcement of this section. The policy, rules
and regulations to be adopted, shall include training opportunities,
outreach, compliance and enforcement measures to assess the accurate
representation of MBE, WBE and VOB structure, including, but not limited
to an enforcement officer to ensure compliance with this section and
to assess the set aside company and/or Joint Venture's Board of Directors
composition.
(5)
This section shall not apply to any contract to the extent that
the requirements imposed by this section are inconsistent with procedures
or standards required by any law or regulation of the United States
or the State of New Jersey to the extent such inconsistency is not
permitted under law.