[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
There is hereby created and establish within the Department of Administration a Division of Purchasing.
The word "shall" is always mandatory and not directory.
For the purposes of this article, the following terms, phrases, words and their derivatives shall have the meanings given herein:
- COMMITTEE CHAIRMAN
- The Chairman of the Using Agency Committee.
- CONTRACTUAL SERVICES
- Includes all telephone, gas, water, electric light and power service, repair or maintenance of equipment, machinery and other Township-owned personal property. The term shall not include professional and other contractual services which are by their nature unique and not subject to competition.
- Includes all supplies, materials and equipment.
- The Township of Union in the County of Union.
- TOWNSHIP COMMITTEE
- The Township Committee of the Township of Union in the County of Union.
- TOWNSHIP PURCHASING AGENT
- The Purchasing Agent of the Township of Union in the County of Union.
- USING AGENCY
- Any department, agency, commission, bureau or other unit in the Township government using supplies or procuring contractual services as provided for in this chapter.
The Division of Purchasing shall operate under the direction and control of the Township Administrator. Daily operations shall be coordinated and supervised by the Purchasing Agent.
Subject to budgetary appropriations, the Township Administrator shall exercise all necessary judgment and discretion with regard to the organization and management of said Division.
The Township Purchasing Agent shall be in charge of and have general supervision of the Division of Purchasing. The Purchasing Agent shall perform all duties required of a department head by law and shall have the powers and duties prescribed by this chapter.
The Purchasing Agent shall:
Be appointed by the Township Committee for a term of four years.
Have had, prior to his appointment, at least three years' experience in municipal government in an executive capacity.
Be bonded in an amount of at least $5,000 or, in the alternative, be included under the blanket municipal bond.
The Purchasing Agent shall have the power and it shall be his duty to purchase or contract for all supplies and contractual services needed by any using agency of the Township in accordance with purchasing procedures as prescribed by this chapter and such rules and regulations as the Purchasing Agent shall adopt for the internal management and operation of the Purchasing Division.
The authority of the Purchasing Agent shall not include construction of buildings, street or park improvements and other related projects.
Except as herein provided, it shall be unlawful for any Township officer or employee to order, to purchase or to make any contract within the purview of this chapter, other than through the Purchasing Division, and any purchase order or contract made contrary to the provisions hereof shall not be approved by the Township Purchasing Agent, and the Township shall not be bound thereby.
In addition to the purchasing authority conferred herein, the Purchasing Agent shall:
Act to procure for the Township the highest quality in supplies and contractual services at the least expense to the Township.
Discourage uniform bidding and endeavor to obtain full and open competition insofar as possible on all purchases and sales.
Establish and amend, when necessary, all rules and regulations authorized by or promulgated under this article and any other necessary to its operation.
Keep informed of current developments in the field of purchasing, prices, market conditions and new products and secure for the Township the benefit of research done in the field of purchasing by other governmental jurisdictions, national technical societies, trade and business organizations.
Prescribe and maintain such forms as he shall find reasonably necessary to the operation of this chapter and of the Division of Purchasing.
Prepare, adopt and maintain a vendors' catalog file. Said catalog shall be filed according to materials and shall contain descriptions of vendors' commodities.
Explore the possibilities of buying in bulk in order to take full advantage of discounts.
Act to procure for the Township all federal tax exemptions to which it is entitled.
Prepare and adopt a standard purchasing nomenclature for using agencies and suppliers.
Prepare and secure, with the cooperation of the various Township departments and agencies, standard and written specifications for supplies used by the various branches of the Township government.
All using agencies, either by or with the authorization of the head of the department under which the using agency operates, shall file with the Purchasing Agent detailed requisitions or estimates of their requirements in supplies and the contractual services in such manner, at such time, and for such future periods as the Purchasing Agent shall prescribe. The Purchasing Agent shall examine each requisition or estimate and shall have the authority to revise it as to quantity, quality or estimated cost; but revision as to quality shall be in accordance with the standards and specifications established pursuant to this article.
Any purchase order or contract within the purview of this article in which any officer or employee of the Township is financially interested, directly or indirectly, shall be void.
The Purchasing Agent and every officer and employee of the Township is expressly prohibited from accepting, directly or indirectly, from any person, company, firm or corporation to which any purchase order or contract is or might be awarded, any rebate, gift, money or anything of value whatsoever.
All purchases of and contracts for supplies and contractual services and all sales of obsolete equipment shall, except as specifically provided herein, be based, wherever possible, on competitive bids.
All supplies and contractual services, except as otherwise provided herein, when the estimated aggregate value thereof shall exceed $2,500 shall be purchased by formal, written contract from the lowest responsible bidder, after due notice inviting proposals as required by the Revised Statutes of New Jersey.
Authorization to publicly advertise for formal bids shall be initiated by approval of the Township Committee.
Formal bids shall be received by the Township Purchasing Committee, unless otherwise ordered. The Purchasing Committee shall consist of the Municipal Administrator, the Purchasing Agent and the Township Treasurer.
The Purchasing Agent and using department shall review bids and submit recommendations as to the award to the Township Committee.
The Township Committee shall award or reject bids under this section.
All purchases of supplies and contractual services of less than the estimated aggregate value of $2,500 may be made in the open market without newspaper advertisement and without observing the procedure prescribed by § 5-20 for the award of formal contracts.
All requisitions shall be approved by a department head.
All open market purchases shall, whenever possible, be based on at least three competitive bids and shall be awarded to the lowest responsible bidder.
The Purchasing Agent shall keep a record of all open orders and all competitive bids submitted in connection therewith.
Emergency purchases shall be made as follows by:
The Purchasing Agent. In case of an apparent emergency which requires immediate purchase of supplies or contractual services, the Purchasing Agent shall secure, by open market procedure as herein set forth, at the lowest obtainable price, any supplies or contractual services, the amount of the expenditure not to exceed $200.
The department head. In case of actual emergency and with the consent of the Purchasing Agent, the head of any using agency may purchase directly any supplies whose immediate procurement is essential to prevent delays in the work of the using agency which may vitally affect the life, health or convenience of citizens.
The head of such using agency shall send to the Purchasing Agent a requisition and a copy of the delivery record, together with a full report of the circumstances of the emergency.
The Purchasing Agent shall prescribe, by rules and regulations, the procedure under which emergency purchases by heads of using agencies may be made.
The head of the using agency shall inspect or supervise the inspection of all deliveries of supplies or contractual services to determine their conformance with the specifications set forth in the order or contract.
The Purchasing Agent shall have the authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with the specifications. In the performance of such tests, the Purchasing Agent shall have the authority to make use of laboratory facilities of any outside laboratory. The costs of such tests shall be charged to the using agency.
All using agencies shall submit to the Purchasing Agent, at such times and in such form as he shall prescribe, reports showing stocks of all supplies which are no longer used or which have become obsolete, worn out or scrapped.
The Purchasing Agent shall submit to all departments, prior to the sale of surplus materials as described below, a list of items no longer required to determine if they can use any of the equipment, parts and supplies listed.
The Purchasing Agent shall have the authority to transfer surplus stock to other using agencies.
The Purchasing Agent shall have the authority to sell all supplies which have become unsuitable for public use, or to exchange the same for or trade in the same on new supplies.
Sales under this section shall be made to the highest responsible bidder in accordance with the statute in such case made and provided. A record of each sale shall be made and placed on file.
The Purchasing Agent shall have the authority to join with other units of government in cooperative purchasing plans, as provided for in the Revised Statutes of the State of New Jersey, when the best interests of the Township could be served thereby.
Any person, firm or corporation found guilty of violating this article or any of the provisions thereof shall be punished by one or more of the following: imprisonment in the county jail or in any other place provided by the municipality for the detention of prisoners for any term not exceeding 90 days or by a fine not exceeding $1,250 or by a period of community service not exceeding 90 days, to become effective on the effective date of this section.