Township of Bridgewater, NJ
Somerset County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Bridgewater as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Administrative organization — See Ch. 4.
[Adopted 10-20-1975 by Ord. No. 75-20]

§ 29-1 Division of Purchasing established; purpose; scope.

A. 
There is hereby established a Division of Purchasing in the Department of Administration, which shall be under the direction and supervision of the Business Administrator, who shall be designated the "Purchasing Officer."
B. 
The purpose of this article is to prescribe the manner in which said Division shall control the purchasing of materials, supplies and equipment for the Township.

§ 29-2 Purchasing Officer: powers and duties.

The Purchasing Officer shall have the power and it shall be his duty:
A. 
To purchase or contract for all materials, supplies, equipment and contractual services needed by any using agency of the Township which derives its financial support from the Township, in accordance with purchasing procedures prescribed by this article and such rules and regulations as the Purchasing Officer shall adopt for the management and operation of the Division.
B. 
To purchase or procure for the Township the highest quality in materials, supplies, equipment and contractual services from the lowest responsible bidder meeting specifications.
C. 
To discourage uniform bidding and endeavor to obtain full and open competition insofar as possible on all purchases.
D. 
To sell or dispose of all obsolete or unusable personal property in accordance with state statute or resolution which may be adopted by the Township Council.

§ 29-3 Promulgation of rules and regulations of Division.

The Purchasing Officer is hereby authorized and directed to adopt such written regulations as may be necessary for the implementation of this article. He shall also prescribe and maintain such forms as he shall find reasonably necessary to the operation of this Division.

§ 29-4 Unauthorized purchases.

No officer or employee of the Township shall purchase materials, supplies, equipment or make contracts other than through the Division of Purchasing, except as may be provided in the regulations promulgated by the Purchasing Officer. Any purchase ordered or contract made contrary to the provisions hereof shall not be approved by the Purchasing Officer and the Township shall not be bound thereby.

§ 29-5 Competitive bidding; Purchasing Committee.

A. 
All materials, supplies, equipment or contracts whose estimated aggregate value shall be in an amount in excess of $2,500 require formal competitive bidding pursuant to state statute.
B. 
All such formal public bids shall be received by the Township of Bridgewater Purchasing Committee. Said Committee shall consist of the Business Administrator, Director of Finance and the Department Director, or in such Department Director's absence, a division head in such department using the contract being bid. Personnel in the Division shall also serve as designated by the Purchasing Officer as Secretary to the Committee.
C. 
The Purchasing Committee shall review the bids and submit a written report within 10 days after receipt to the Township Council. Said report shall include the date of bid opening, names and addresses of those submitting bids, together with the amount bid, and the Committee's recommendations concerning the award of bid.
D. 
The Township Council shall award or reject bids under this section.

§ 29-6 Conflicts of interest; acceptance of gifts and rebates.

A. 
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 voided.
B. 
The employees of the Township of Bridgewater are expressly prohibited from accepting, directly or indirectly, from any person, firm, company or corporation to which any purchase order or contract is or might be awarded, any rebate, gift, money or anything of value whatsoever, except where given for the use and benefit of the Township.

§ 29-7 Cooperative purchasing.

The Purchasing Officer shall have the authority to join with other units of government, including the state, county, Board of Education and other municipalities, in cooperative purchasing plans as stated in the Revised Statutes of the State of New Jersey when the best interests of the Township could be served thereby.

§ 29-7.1 Emergency purchasing.

[Added 8-4-2003 by Ord. No. 03-29]
A. 
Purpose. The purpose is to adopt rules and regulations in accordance with N.J.A.C. 5:34-6.1 to establish a procedure for emergency purchasing pursuant to N.J.S.A. 40A:11-6. A department head, superintendent or the Director of Public Safety (hereinafter "the Township official") may utilize this section of the Township Code when an emergency affects the public health, safety or welfare of the Township of Bridgewater, requiring the immediate delivery of goods or performance of services.
B. 
Procedure for authorizing emergency contracts. The Township official shall immediately contact the Purchasing Agent about the emergent situation. The Purchasing Agent shall have the Township official complete a sworn certification in a form satisfactory to the Purchasing Agent. The certification form shall provide:
(1) 
A description of the condition that constitutes the emergency in accordance with N.J.A.C. 5:34-6.1.
(2) 
A statement that the condition affects the immediate public health, safety or welfare.
(3) 
All pertinent information concerning the emergent condition, such as date, time, location and such other facts describing the condition.
(4) 
A description about why it is necessary to invoke N.J.S.A. 40A:11-6 in order to obtain the immediate delivery of the materials, supplies or the performance of the service(s).
(5) 
An estimate of the cost.
(6) 
The Township official shall provide the Council with the above certification within 24 hours of the date of the sworn certification.
C. 
Appropriation. After the Township official has certified to the Purchasing Agent the emergent condition, the Township Finance Director/Chief Financial Officer shall make an appropriation for the emergent condition.
D. 
Council ratification. At the earliest meeting after the appropriation, the Township Council shall pass on a resolution ratifying award of the emergency contract.
E. 
Township Official vacancy; Purchasing Agent vacancy. If a Township Official is unavailable, the Mayor, Township Administrator or such other senior departmental personnel shall fill the vacancy of the Township Official. If the Purchasing Agent is unavailable, then the Mayor or Township Administrator shall fill the Purchasing Agent vacancy to ensure that there are always appropriate individuals available to make such decisions, and prepare and sign the necessary certification.
[Adopted 7-8-1976 by Ord. No. 76-21]

§ 29-8 Authorization to use county facilities.

Pursuant to the provisions of N.J.S.A. 40A:11-10 et seq., the Township of Bridgewater is hereby authorized to enter into contracts with the County of Somerset for the joint use by the Township and other municipalities in the County of Somerset of administrative services and facilities of the Office of the Purchasing Agent of the County of Somerset appropriate to the procurement of certain materials, supplies and equipment which may be determined to be required from time to time by the Township and which the Township may otherwise lawfully purchase for itself. The services and facilities of said Office of the County Purchasing Agent shall be provided without cost to the Township of Bridgewater.

§ 29-9 Execution of joint public bidding contracts.

The proper municipal officials of the Township of Bridgewater are hereby authorized and empowered to execute, on behalf of the Township, all such contracts with the County of Somerset for joint public bidding.