[Adopted 7-30-2004 by Ord. No. DR-154]
Competitive Negotiation Ordinance.
This municipality has a strong commitment to open and fair competition.
Qualification based, competitive, negotiation procedures help to ensure
open and fair competition through published rules and decision-making
criteria.
It is accordingly found and determined that the paramount public
interest is served by requiring that the City award all contracts
or agreements to outside consultants for the provision of professional
services on the basis of competitive negotiation.
As used in this article, the following terms shall have the
meanings indicated:
As defined at 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 a 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.
A.
The municipality shall award all contacts or agreements for the provision
of professional services on the basis of qualification based, competitive
negotiation.
B.
Professional service contract requests for proposal shall be published
by the posting of a public notice at least 10 days prior to the awarding
of any contract for professional services.
C.
The public notice shall be:
(1)
Prominently posted in the public place reserved for Sunshine Law
notices;
(2)
Mailed, telephoned, telegrammed, e-mailed 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;
and
(3)
Filed with the Clerk of the municipality.
D.
The public notice shall, at minimum, include:
(1)
A description of the professional services needed, including, where
appropriate a description of tasks involved.
(2)
Threshold qualification requirements setting the highest possible,
minimum standards for qualifying to compete for the particular services
and tasks involved.
(3)
Notice that standardized submission requirements and selection criteria
are on file and available at a stated location in the City.
(4)
Deadline and place for all submissions.
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 contract or agreement
for professional services shall include:
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
of proposals.
H.
In the event that compliance with part of all of the requirements
of this chapter is impracticable as regards a particular contract
or agreement, the City Council may waive part or all of the requirements
by a majority vote of the full Council together with publication of
a resolution setting forth with specificity the reasons such waiver
is required.
