[HISTORY: Adopted by the Township Committee of the Township
of Ocean by Ord. No. 2006-38. Amendments noted where applicable.]
As used in this chapter:
As defined by N.J.S.A. 40A: 11-2(6), services rendered or
performed by a person authorized by law to practice a recognized profession,
whose practice is regulated by law, and the performance of which services
requires knowledge of an advanced type in field of learning acquired
by a prolonged formal course of specialized instruction and study
as distinguished from general academic instruction or apprenticeship
and training. For purposes of this chapter, however, "professional
services" shall not include professional artistic services as defined
at N.J.S.A. 40A: 11-2(6). "Professional services" shall include financial
services or insurance services.
As determined by the State Treasurer as applied to the award
of Title 19 contracts, and as determined by the governing body as
applied to professional service contracts with value of $17,500 or
less.
A contract or agreement, between the Township of Ocean and
a business entity as defined within N.J.S.A. 19:44D-20.7, which has
an anticipated value in excess of $17,500 as determined in advance
and certified in writing by the Township purchasing agent, including,
but not limited to, professional services contract, extraordinary
unspecifiable contracts, other contracts exempt from bidding (value
in excess of $17,500 but less than Township's bid threshold),
and cooperative purchasing. Contracts awarded by competitive contracting
pursuant to N.J.S.A. 40A:11-4.1 et seq. and contracts which must be
publicly bid under the Local Public Contracts Law[1] are not included in the definition of Title 19 contracts
for purposes of this chapter.
[1]
Editor's Note: See N.J.S.A 40A:11-1 et seq.
A.
The municipality shall award all Title 19 contracts and all contracts
for the provision of professional services on the basis of qualification-based,
competitive negotiation.
B.
Professional service contract and Title 19 contract requests for
proposals shall be published by the posting of a public notice at
least 10 days prior to the awarding of any Title 19 contract or contract
for professional services.
C.
The public notice shall be:
(2)
Mailed, telephoned, telegrammed, faxed or hand delivered to at least
two newspapers designated to receive such notices because they have
the greatest likelihood of informing the public within the municipality,
one of which shall be the official newspaper of the municipality,
or on the Internet website maintained by Ocean Township; and
(3)
Filed with the Clerk of the municipality.
D.
The public notice shall, at minimum, include:
(1)
A description of the services or goods needed, including, where appropriate,
a description of tasks involved.
(2)
Threshold qualification requirements setting the highest possible,
minimum standards for qualifying to complete for the particular services,
tasks and/or goods involved.
(3)
Notice that standardized submission requirements and selection criteria
are on file and available at a stated location in the Township.
(4)
Deadline and place for all submissions, and the manner by which the
contract shall be publicly opened and announced when awarded.
E.
Standardized submission requirements shall include:
(1)
Names and roles of the individuals who will perform the task and
a description of their experience with projects similar to the matter
being advertised.
(2)
References and record of success.
(3)
Description of ability to provide the services in a timely fashion
(including staffing, familiarity and location of key staff).
(4)
Cost details, including the hourly rates of each of the individuals
who will perform services and time estimates for each individual,
all expenses, and, where appropriate, total cost of "not to exceed"
amount.
F.
The selection criteria to be used in awarding a Title 19 contract
or a contract or agreement for professional services shall include:
(1)
Full name and business address;
(2)
Qualifications of the individuals who will perform the tasks and
the amounts of their respective participation (professional services
contracts only);
(3)
Any professional or business licenses held by the applicant in the
state of New Jersey, or any other state, including a Certificate of
Good Standing, or other documents evidencing that the license is not
presently suspended or revoked;
(4)
The number of licensed professionals employed by, or associated with,
the applicant;
(5)
A listing of all degrees (college and/or graduate degrees) held by
the applicant and any associated professionals in the business entity
(professional service contracts only);
(6)
A listing of all public entities for whom the business entity has
had a contractual relationship, either currently or previously, including
the dates of service and the position held;
(7)
A representative listing of other professional affiliations or membership
in any professional societies or organizations, including any offices
or honors held (professional services contracts only);
(8)
Experience and references;
(9)
Ability to perform the task in a timely fashion (professional service
contracts shall including staffing and familiarity with subject matter);
(10)
Cost consideration, including, but not limited to, historical costs
for similar professional services, expertise involved and comparable
costs for comparable public entities.
G.
All submissions shall be kept on file during the term of the related
contract, and shall be public records after the deadline for the submission
or proposals and award of the contract.
H.
Exceptions.
(1)
If public exigency requires the immediate delivery of goods or performance
of emergency services, the Township committee may waive part or all
of the requirements by a majority vote of the full committee in the
appointing resolution, setting forth with specificity the reasons
such waiver is required.
(2)
If requests for proposals have been advertised pursuant to this chapter
and: no responses have been received; less responses were received
than the number of positions needed; or responses received did not
meet the minimum specifications or were otherwise nonresponsive, the
governing body may negotiate with any qualified business entity and
may award a contract upon adoption of a resolution by a two-thirds
affirmative vote of the authorized membership of the governing body.
The terms, conditions, restrictions, and specifications set forth
in the negotiated contract may not be substantially different from
those which were the subject of request for proposals.
