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 City Purchasing Agent detailed requisitions or
estimates of their requirements in goods and services in such manner,
at such time and for such future periods as the Purchasing Agent shall
prescribe.
A.
Unforeseen requirements. A using agency shall not
be prevented from filing in the same manner with the Purchasing Agent,
at any time, a requisition or estimate for any goods and services
the need for which was not foreseen when the detailed estimates were
filed.
B.
Revisory power of Purchasing Agent. The City 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 chapter.
Except in cases of emergency, the City Purchasing
Agent shall not issue any order for delivery on a contract or open
market purchase until the Chief Financial Officer shall have certified,
after preaudit, that there is to the credit of the using agencies
concerned a sufficient unencumbered appropriation balance, in excess
of all unpaid obligations, to defray the amount of such order.
Any purchase order or contract within the purview
of this chapter in which the City Purchasing Agent or any officer
or employee of the City is financially interested, directly or indirectly,
shall be void.
The City Purchasing Agent and every officer
and employee of the City are 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, except where
given for the use and benefit of the City, and no City officer or
employee shall accept employment with any person, company, firm or
corporation for the performance of work under any agreement with the
City.
The Purchasing Agent is authorized to initiate
competitive contracting for goods or services pursuant to N.J.S.A.
40A:11-9.
A.
Except as otherwise provided by the provisions of
the Local Public Contracts Law, no contract shall be entered into
by the City for the doing of any work or for the furnishing of any
materials, goods and services or labor or the hiring of teams or vehicles
unless the City shall first publicly advertise for bids thereunder
and the contract shall be awarded to the lowest responsible bidder
who has submitted a responsive bid.
B.
The Purchasing Agent shall be accorded authority to
implement this section and negotiate and award contracts pursuant
to the provisions of N.J.S.A. 40A:11-3 in accordance with the bidding
threshold set by the Governor of the State of New Jersey.
All advertisements for bids shall be completed
in accordance with the Local Public Contracts Law.[1]
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
All goods and services for which public bidding
is required or undertaken pursuant to this chapter shall be completed
in accordance with the Local Public Contracts Law. Any formal contract
as required under this section or the Local Public Contracts Law shall
be executed by the Mayor and the City Clerk on behalf of the City,
with the corporate seal affixed thereto.
A.
Notice inviting bids. Notice inviting bids shall be in accord with the requirements of § 68-20 and shall include a general description of the articles to be sold.
B.
Bidders' list. The City Purchasing Agent shall also
solicit sealed bids from all responsible prospective suppliers who
have requested their names to be added to a bidders' list, which the
Purchasing Agent shall maintain, by sending them a copy of such newspaper
notice or such other notice as will acquaint them with the proposed
purchase or sale.
C.
Bulletin board. The Purchasing Agent shall also advertise
for bids by a notice posted on the public bulletin board in the City
Hall.
D.
Bid deposits. In accordance with the Local Public
Contracts Law, bid deposits shall be prescribed in the public notices
inviting bids. Unsuccessful bidders shall be entitled to return of
deposit where the Agent has required such. A successful bidder shall
forfeit any deposit required by the City Purchasing Agent upon failure
on his part to enter a contract.
E.
Bid opening procedure.
(1)
Presentation of sealed bids. Sealed bids shall be
presented to and received by either the Purchasing Agent or the City
Clerk, as designated in the bid specification, and at least one other
City official or their authorized representatives. The time and place
for receipt of sealed bids shall be specified in the advertisement
for bids as approved by resolution of the City Council.
(2)
Opening. Bids shall be received and opened in public
at the time and place stated in the public notice and advertisement
for bids.
(3)
Tabulation. A tabulation of all bids received shall
be posted for public inspection.
F.
Rejection of bids.
(1)
The City Council shall have authority to reject any
or all bids.
(2)
The City Council may, by resolution approved by the
majority of the governing body, disqualify a bidder who would otherwise
be determined to be the lowest responsible bidder, if the governing
body finds that it has had prior negative experience with the bidder
as defined by the Local Public Contracts Law.[1] The decision to disqualify shall be made within the discretion
of City Council in the best interests of the City.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
(3)
This section shall be construed to grant City Council
any and all authority it may have to reject bids under the Local Public
Contracts Law or other applicable statute.
G.
Award of contract.
(1)
Lowest responsible bidder. Contracts shall be awarded
by the City Council to the lowest responsible bidder in accordance
with the Local Public Contracts Law.[2] "Lowest responsible bidder," in addition to price, shall
be determined by the following criteria:
(a)
The ability, capacity and skill of the bidder
to perform the contract or provide the services required.
(b)
Whether the bidder can perform the contract
or provide the service promptly or within the time specified without
delay or interference.
(c)
The character, integrity, reputation, judgment,
experience and efficiency of the bidder.
(d)
The quality of performance of previous contracts
or services.
(e)
The previous and existing compliance by the
bidder with laws and ordinances relating to the contract or service.
(f)
The sufficiency of the financial resources and
ability of the bidder to perform the contract or provide the service.
(g)
The quality, availability and adaptability of
the goods and services to the particular use required.
(h)
The ability of the bidder to provide future
maintenance and service for the use of the subject of the contract.
(i)
The number and scope of conditions attached
to the bid.
(j)
The bid is responsive.
[2]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
H.
Subdivision prohibited. No contract or purchase shall
be subdivided to avoid the requirements of this chapter.
All purchases of goods and services which do not exceed the bid threshold set forth in the Local Public Contracts Law may be made in the open market without newspaper advertisement and without observing the procedure prescribed by § 68-22; except that the Chief Financial Officer's approval shall be affixed thereto and in the event the estimated value is $1,000 or more, approval of the Mayor or his designee shall be affixed to the purchase order or formal written contract, as the case may be.
A.
Minimum number of quotations. All open market purchases shall, wherever possible, be based on at least three competitive quotations and shall be awarded to the lowest responsible bidder in accordance with the standards set forth in § 68-22G(1).
B.
Notice inviting quotations. The City Purchasing Agent
shall solicit quotations by direct mail request to prospective vendors,
by telephone and by public notice posted on the bulletin board of
the City Hall.
C.
Recording. The City Purchasing Agent shall keep a
record of all open market orders and the quotations submitted in competition
thereon, and such records shall also be open to public inspection.
Consulting and professional contracts are subject
to the provisions of the Local Public Contracts Law[1] and shall be conducted in a manner appropriate to contracts
of this chapter. Where budget provisions are made for hiring consultants
and professional persons to perform services for the City, but are
not otherwise subject to approval by a board, commission or agency
of the City, the contract shall be subject to approval and execution
by the Mayor and attested to by the City Clerk, including those contracts.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
A.
Established. There is hereby established a petty cash
fund of $300, which shall be known as the "Purchasing Agent's petty
cash fund." From this fund shall be paid all purchases not in excess
of $25 each made by the heads of using agencies for incidentals, with
the approval of the City Purchasing Agent.
B.
Monthly statement. At the end of each month the City
Purchasing Agent shall render to the Chief Financial Officer a statement
showing the actual expenditures for each using agency so made out
of the Purchasing Agent's petty cash fund, and the City Treasurer
shall reimburse the Purchasing Agent's petty cash fund for such expenditures
in the same manner as other expenditures of such using agencies are
paid.
C.
Rules and regulations. The City Purchasing Agent shall
promulgate rules and regulations for use of the Purchasing Agent's
petty cash fund, subject to the approval of the Mayor, City Council
and the Chief Financial Officer.
D.
Accounting and expenditure practices. All accounting
and expenditure practices and rules and regulations of the City Purchasing
Agent in regard thereto shall be in accord with the requirements of
the Local Public Contracts Law and the regulations of the Department
of Community Affairs, Division of Local Government.
The City Purchasing Agent shall control and
supervise storerooms and warehouses and shall administer the inventory
revolving fund.
A.
Inventory revolving fund. There shall be provided
in each annual budget an amount required to provide the necessary
funds to establish an inventory revolving fund.
B.
Accounting procedure. Requisitions from goods and
services in a storeroom or warehouse shall be credited by the City
Purchasing Agent to the inventory revolving fund by a charge against
the appropriation of the using agency.
C.
Inventory. The City Purchasing Agent shall maintain
a perpetual inventory record of all materials, goods and services
or equipment stored in storerooms and warehouses of the City.
The head of the using agency shall have the
authority to submit requisitions to the City Purchasing Agent for
goods and services made available to the using agencies by the City
Purchasing Agent.
A.
Any contract may be negotiated or awarded without
public advertising for bids and bidding therefor, notwithstanding
that 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, provided that the
awarding of such contracts is made in the following manner:
(1)
The Purchasing Agent shall be notified of such an
emergency and the need for invoking this section. If an emergency
exists, then the Purchasing Agent shall be authorized to award a contract
or contracts for such purposes as may be necessary to respond to the
emergent needs. Such notification shall be reduced to writing and
filed with the Purchasing Agent.
(2)
Implementation of emergency purchases shall be in
accordance with N.J.S.A. 40A:11-6 and N.J.A.C. 5:34-6.1.
B.
Agent's responsibility. The City Purchasing Agent
shall keep a record of all emergency purchases and shall make an analysis
of such purchases and report to the Mayor and the City Council whenever
his analysis shall indicate that the emergency provision procedure
is being used to circumvent the requirements of the Local Public Contracts
Law[1] or of this chapter otherwise applicable.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
The City Purchasing Agent shall inspect or supervise
the inspection of all deliveries of goods and services to determine
their conformance with the specifications set forth in the order or
contract.
A.
Inspection by using agency. The City Purchasing Agent
shall have the authority to authorize using agencies having the staff
and facilities for adequate inspection to inspect all deliveries made
to such using agencies under rules and regulations which the Agent
shall prescribe.
B.
Tests. The City 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 City Purchasing Agent shall have the authority to make
use of laboratory facilities of any agency of the City government
or of any outside laboratory.
A.
All using agencies shall submit to the City Purchasing
Agent, at times and in such form as he shall prescribe, reports showing
stocks of all goods and services which are still being used, no longer
used or which have become obsolete, worn out or scrapped.
B.
The City Purchasing Agent shall have the authority
to transfer surplus stock to other using agencies.
C.
The City Purchasing Agent shall have the authority
to sell all goods and services which have become unsuitable for public
use or to exchange the same for or trade in the same on new goods
and services.
[Added 12-27-2005 by Ord. No. 34-2005]
A.
Contracts awarded having an anticipated value in excess
of $17,500, or such other dollar amount as shall be established in
N.J.S.A. 19:44A-20.5, may be awarded pursuant to the fair and open
process established in this chapter.
B.
All contracts awarded pursuant to the provisions of
the Local Public Contract Law[1] through public bidding, the competitive contracting process
or N.J.S.A. 40A:11-12 shall be deemed to have satisfied the municipal
standards for the fair and open process.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
C.
The City of East Orange, its boards and commissions
shall not enter into a contract having an anticipated value which
shall exceed $17,500, or such other dollar amount as established by
N.J.S.A. 19:44A-20.5, with a business entity, except a contract awarded
in a fair and open process as defined by this chapter, if, beginning
January 1, 2006, one year prior to the award of the contract (excluding
year 2005 or earlier) that business entity has made a contribution
that is reportable by the recipient under N.J.S.A. 19:44A-1 et seq.
to any municipal committee of a political party in East Orange if
a member of that political party is serving in an elective public
office of East Orange when the contract is awarded or to any candidate
committee of any person serving in an elective public office of East
Orange when the contract is awarded.
D.
Prior to awarding any contract having an anticipated value exceeding $17,500, or such other dollar amount as determined by N.J.S.A. 19:44A-20.5, except a contract awarded pursuant to the fair and open process as defined by this chapter or contracts defined in Subsection B of this section, the business entity shall be required to submit a written certification that it has not made a contribution that would bar the award of a contract pursuant to N.J.S.A. 19:44A-1 et seq.
[Added 12-27-2005 by Ord. No. 34-2005]
A.
Notice.
(1)
Notice shall be given in either an official newspaper
of the City of East Orange or on the City's official website.
(2)
Sufficient time of notice shall be publication of
either a request for proposals or request for qualifications 10 calendar
days prior to the designated date for receipt of proposals or qualifications
in either the official newspaper or website.
(3)
Receipt of proposals or qualifications shall be by
the City's Purchasing Agent or his designee, and the date, time, place
and manner of receipt shall be included in the notice.
(4)
Sufficient contents of notice shall include the following:
(a)
Description of the goods or services;
(b)
Contact information for obtaining the proposal
or qualification document;
(c)
Name of department requesting the proposal or
qualifications;
(d)
A statement that the proposal or qualifications
are being solicited in a fair and open process in accordance with
N.J.S.A. 19:44A-1 et seq.; and
(e)
Date, time, place and manner for receipt of
proposals or qualifications.
B.
Opening of requests for proposals or qualifications.
All proposals or qualifications received shall be publicly opened
and announced at the date, time and place set forth in the notice
soliciting the proposals or qualifications.
C.
Awarding of contract. The awarding of contracts or
selection of business entities pursuant to this section shall be by
resolution, which shall include a statement that the contract was
awarded or business entities selected pursuant to the fair and open
process.
D.
Advertisement. The Purchasing Agent or his designee
is authorized to advertise for requests for qualifications in the
City's official newspaper or website. The Purchasing Agent shall determine,
in conjunction with the user agency, department, board or commission,
the criteria that will be used for the basis of the contract award,
and this criteria shall not be required to be included in the public
notice. The criteria established as the basis of the award shall be
included in the document requesting proposals or qualifications.
[Added 12-27-2005 by Ord. No. 34-2005]
A.
Nothing contained in §§ 68-31 through 68-32 shall be construed as prohibiting the awarding of a contract when the public exigency requires immediate delivery of goods or performance of emergency services as determined by the State Treasurer or as determined in the applicable New Jersey statute, administrative code, rule or regulation.[1]
[1]
Editor’s Note: Former Art. V, Political Contributions,
added 6-20-2011 by Ord. No. 19-2011, which immediately followed this
section, was repealed 11-14-2011 by Ord. No. 29-2011.
