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.
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 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.
(2) 
Performance bonds. The City Purchasing Agent shall have the authority to require a performance bond pursuant to the provisions of the Local Public Contracts Law.[3]
[3]
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.
D. 
Sales under this section shall be made by sealed bid or public auction to the highest responsible bidder pursuant to N.J.S.A. 40A:11-36 and in conformance with § 68-22 or 68-23, whichever is applicable.
[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.
E. 
Satisfaction of fair and open process. Any contract awarded satisfying the applicable standards of § 68-32 shall be deemed to have met the City's requirement for fair and open process as authorized pursuant to N.J.S.A. 19:44A-1 et seq., which shall include N.J.S.A. 19:44A-20.5 and 19:44A-20.7.
[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.