[Adopted 6-4-1980 by Ord. No. 1398]
WHEREAS, the New Jersey bidding statutes do not establish a procedure for a municipality to award a contract in the event of a tie bid; and
WHEREAS, upon several past occasions, the Division of Local Finance has recommended that the municipality establish a procedure to handle the award of contract under these circumstances:
Whenever it shall appear that there are two or more bids in the same monetary amount submitted for any item and said bids are otherwise identical, then the award of a contract by the governing body shall be at a public meeting of the governing body at which the Mayor, or chief presiding officer in his absence, shall select the successful bidder by the drawing of a lot from identical unmarked sealed envelopes placed in a container by the Town Clerk.
The procedure set forth in § 39-15 shall not be conducted unless the Purchasing Agent or other appropriate official shall deliver to the Town Clerk a letter certifying that there is no substantive basis to distinguish the bids for purpose of award.