Township of Montclair, NJ
Essex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Township of Montclair 6-28-1988 by Ord. No. 88-45 (Ch. 9 of the 1979 Code). Amendments noted where applicable.]
A. 
Pursuant to N.J.S.A. 40A:11-41, the Township of Montclair hereby establishes minority business enterprise (MBE) set-aside and women's business enterprise (WBE) set-aside progress program as a means of achieving the goals herein adopted.
B. 
There is hereby established a goal of awarding no less than 15% of the township contracts to minority-owned businesses for the purchase of goods and services. In determining compliance with the fifteen-percent goal, the aggregate cost of all such contracts within a fiscal year shall be considered.
C. 
There is hereby established a goal of awarding no less than 7% of the township contracts to women-owned businesses for the purchase of goods and services. In determining compliance with the 7% goal, the aggregate cost of all such contracts within a fiscal year shall be considered.
D. 
The goal of 15% for minority-owned business and 7% for female-owned business participation in township contracts for the purchase of goods and services may be attained through direct contracts with minority and women's business enterprises; requiring nonminority, nonwomen contractors to subcontract a portion of their total contracts to minority or women's business enterprises; or joint ventures.
E. 
The percentage of the dollar value of the townships total procurement to be filled by means of these set-aside programs, and the process for achieving the same shall be determined by the Affirmative Action Officer after review by the Manager. By February 1 of each year, the Affirmative Action Officer shall meet with the various procurement agencies, Budget Director and the Law Department to determine what aggregate procurements are to be made by the township and what contracts for goods, equipment, construction or services shall be designated for the MBE and WBE set-aside programs. The Manager shall make a report to the Township Council indicating the goods and contracts to be included in that fiscal year.
F. 
"Set-aside contracts" shall mean a contract for goods, equipment, construction or services which is designated as a contract for which bids are invited and accepted only from qualified minority business enterprises or qualified women business enterprises, as appropriate; a portion of a contract when that portion has been so designated; or any other purchase or procurement so designated.
A. 
A business may be eligible as a minority business, a female business or any combination of the two.
B. 
In order to be eligible as a minority business or a female business, a business must both have its principal place of business in New Jersey and be independently owned and operated.
(1) 
For purposes of this chapter, a business shall be deemed to have its principal place of business in New Jersey:
(a) 
When it has been either incorporated or registered to do business in New Jersey; and
(b) 
When either 51% or more of its employees work in New Jersey, as evidenced by the payment of New Jersey unemployment taxes, or 51% or more of its business activities take place in New Jersey, as evidenced by its payment of income or business taxes; if the business has been in operation for one year or more.
(2) 
For purposes of these rules, a business shall be deemed independently owned and operated if its management is responsible for both its daily and its long-term operation and if its management owns at least 51% interest in the business.
C. 
In order to be eligible as a minority business, a business must be a sole proprietorship, partnership or corporation at least 51% of which is owned and controlled by persons who are Black, Hispanic, Portuguese, Asian American, American Indian or Alaskan natives, which are defined as follows:
(1) 
Black American: a person having origins in any of the black racial groups of Africa.
(2) 
Hispanic American: a person of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race.
(3) 
Asian American: a person having origins in any of the original people of the Far East, Southeast Asia and Indian subcontinent, Hawaii or the Pacific Islands.
(4) 
American Indian or Alaskan native: a person having origins in any of the original peoples of North America and who maintains cultural identification through tribal affiliation or community recognition.
(5) 
Portuguese American: a person of Portuguese, Brazilian or other Portuguese culture or origin, regardless of race.
D. 
In order to be eligible as a female business, a business must be a sole proprietorship, partnership or corporation at least 51% of which is owned and controlled by women.
A. 
Any business which seeks to register as a minority business and/or female business must apply to the Affirmative Action Officer. For these purposes, the Affirmative Action Officer shall prepare a vendor registration form. This form shall be available from the Office of Affirmative Action and the Division of Purchase.
B. 
From a compilation of these vendor registration forms, the Affirmative Action Officer shall maintain a minority business enterprise and women business enterprise master list which shall contain the names and addresses of all eligible businesses for the set-aside program. This list shall be updated and made current on, as a minimum requirement, a yearly basis.
C. 
As part of its application to the Affirmative Action Officer, a business shall reasonably document its principal place of business and independent status and, as appropriate, the character of its ownership. Where available, this documentation should include appropriate forms or reports otherwise submitted to or issued by state and federal agencies, such as employee or affirmative action reports filed with the New Jersey Department of Labor or certificates of incorporation issued by the New Jersey Department of State.
(1) 
If an applicant fails to complete fully the vendor registration form or to document same, its application may be delayed or rejected.
(2) 
If an applicant knowingly supplies incomplete or inaccurate information, the applicant shall be disqualified and may be subject to other penalties described in N.J.A.C. 17.12-6.8 and 12A:10-1.8.
A. 
When a business is accepted by the Office of Affirmative Action as a minority business or female business, the business will be added by the Office of Affirmative Action onto the set-aside vendors lists which shall be used in determining whether the township has fulfilled its contracting goals, and shall be used in soliciting bids or contracts set aside for minority business and/or female businesses and other purchasing and contracting situations. There will be no limits to the number of businesses on the various minority business and female business bidders lists. Each eligible applicant will be placed on that list or those lists for which he or she is qualified.
B. 
When a business is accepted as a minority business and/or female business, that business may bid on contracts which are specifically set aside under this chapter.
C. 
Each contracting agency shall make good faith effort to obtain the goals established by the Administration. "Contracting agency" shall be defined as the Local Purchasing Agency, the Director of the Department of Community Services and any other agency involved in the total procurement process.
[Amended 6-15-2004 by Ord. No. 04-34]
A. 
Any contract specifically set aside for minority and/or female business must be competitively bid, either through public advertising or through informal bidding, and may be awarded only if responsive bids from at least three qualified bidders are received.
B. 
The specifications for a set-aside contract shall clearly and conspicuously state that an award may go only to a business duly registered with and approved by the Office of Affirmative Action.
C. 
The specifications shall further state that a bidder who is not already approved may submit a bid but then must apply to the Office of Affirmative Action for approval as a minority or female business enterprise as appropriate, no later than the bid opening date and, in order to be eligible for an award, must be approved by the Office of Affirmative Action no later than five working days after the bid-opening date. The specification shall state that if, for whatever reason, there is no approval of that bidder from the Office of Affirmative Action, no later than five working days from the bid-opening date, the township shall reject that bid without any obligation or recourse to the bidder.
D. 
The Affirmative Action Officer shall have the responsibility for approving all solicitations of bid prior to their offering by the Purchasing Agent. The Affirmative Action Officer shall further indicate his or her approval on all contracts entered into by the Purchasing Agent prior to their execution by the township and/or the submission of contracts to the Municipal Council for its review and approval.
E. 
All bids may be rejected on a set-aside contract and the contract may be rebid as an ordinary contract where:
(1) 
In evaluating the female and/or minority business bids, the Purchasing Agent determines that acceptance of any of the bids would subject the township to an unreasonable expense or to a contract otherwise unacceptable pursuant to the township's contracting and purchasing laws and rules; or
(2) 
The Purchasing Agent does not receive at least two bids from qualified vendors approved as female and/or minority businesses, as appropriate; and
(3) 
The minority business enterprises or female business enterprises knowingly supplied false information on the business, and the contract would not otherwise have been awarded.
F. 
Immediately after rejecting all bids, the Purchasing Agent may, without any delay, rebid the contract as an ordinary award. Female and minority business bidders may participate in this rebidding program.
A. 
The Affirmative Action Officer shall submit an annual report to the Municipal Council by January 31 of each year describing the township's effort in attaining the set-aside goals and the percentage of the dollar value of total procurements awarded under this chapter.
B. 
The Municipal Clerk shall publish a list of the township's attainments under this chapter by March 1 of each year in at least one newspaper circulating in the Township of Montclair.