[Added 11-24-2009 by Ord. No. 2009-26]
Pursuant to N.J.S.A. 40A:11-9, the Township Council of the Township
of Willingboro hereby establishes the office of Qualified Purchasing
Agent, with the authority, responsibility and accountability as its
contracting agent for the purchasing activity of the Township, to
prepare public advertising for bids and to receive bids for the provision
or the performance of goods or services on behalf of the Township
of Willingboro and to award contracts as authorized by N.J.S.A. 40A:11-3
and, in accordance with N.J.S.A. 40A:11-1 et seq., in the name of
the Township and to conduct any activities as necessary and appropriate
to the purchasing function of the Township. The Qualified Purchasing
Agent shall be an administrative officer of the municipality designated
and directly supervised by the Township Manager.
As used in this article, the following terms shall have the
meanings indicated:
To make a public announcement, through publishing in a local
paper, of the intention to purchase goods, services, or construction
with the intention of increasing response and enlarging competition.
The sums expended or to be expended for the provisions or
performance of any goods or services in connection with the same immediate
purpose or task or the furnishing of similar goods or services during
the same contract year through a contract awarded by a contracting
agency.
A duly executed agreement or contract by the Township Mayor.
The official permission or consent of Township Council through
a resolution or ordinance executed by the Mayor and Clerk.
The presentation, after:
The dollar amount set in N.J.S.A. 40A:11-3, above which a
contracting unit shall advertise for and receive sealed bids.
The method described in N.J.S.A. 40A:11-4.1 et seq. of contracting
for specialized goods and services in which formal proposals are solicited
from vendors and evaluated by the Qualified Purchasing Agent, Township
Solicitor or Township Manager.
Any agreement, including, but not limited to, a purchase
order or a formal agreement, which is a legally binding relationship
enforceable by law, between a vendor who agrees to provide or perform
goods or services and a contracting unit which agrees to compensate
a vendor, as defined by and subject to the terms and conditions of
the agreement.
The governing body of a contracting unit or its authorized
designee that has the power to prepare the advertisements, to advertise
for and receive bids and, as permitted by law, to make awards for
the contracting unit in connection with contracts.
Contracts authorized as a result of an actual or imminent
emergency affecting the public health, safety or welfare of the public
and requiring the immediate delivery of goods or performance of services,
where such purchase exceeds the bid threshold and is awarded in the
manner prescribed by N.J.S.A. 40A:11-6.
The examination of bids, request for proposals or quotes
to determine the bidder's responsibility, responsiveness to the requirements
or other criteria relating to the award.
A bid which must be submitted in a sealed envelope and in
conformance with the prescribed format to be opened publicly at a
specific time.
Any work, labor, commodities, equipment, materials, or supplies
of any tangible or intangible nature, except real property or any
interest therein, provided or performed through a contract awarded
by a contracting agent, including goods and property subject to N.J.S.A.
12A:2-101 et seq.
A request for quotations for goods or services that does
not require sealed bids, a public opening or reading.
The least possible amount that meets all requirements of
the request of a contracting agent.
The bidder or vendor:
A transaction, for valuable consideration, creating or acquiring
an interest in goods, services and property, except real property
or any interest therein.
A document issued by the contracting agent authorizing a
purchase transaction with a vendor to provide or perform goods or
services to the contracting unit, which, when fulfilled in accordance
with the terms and conditions of a request of a contracting agent
and other provisions and procedures that may be established by the
contracting unit, will result in payment by the contracting unit.
The individual duly assigned the authority, responsibility,
and accountability for the purchasing activity of the contracting
unit and who has such duties as are defined by an authority appropriate
to the form and structure of the contracting unit and having the power
to prepare advertisements, to advertise for and receive bids and to
award contracts, pursuant to N.J.S.A. 40A:11-9a and in accordance
with 40A:11-3a; in addition, shall be considered qualified pursuant
to N.J.S.A. 40A:11-9b to exercise the supplemental authority as set
forth in N.J.S.A. 40A:11-3 and 40A:11-4.3.
The response to a formal or informal request made by the
Township from a vendor for provision or performance of goods or services,
when the aggregate cost is less than the bid threshold; quotations
may be in writing or taken verbally when documented by the Qualified
Purchasing Agent.
A request for an offer, by a vendor to the Township, of terms
and conditions with reference to some work or undertaking.
A form of informal solicitation, including oral and written
quotes from vendors, without advertising and receipt of bids.
An internal document by which each Township department sends
to the purchasing agent details of materials to meet its needs, replenish
stock, or obtain materials for a specific job or contract.
Able to complete the contract in accordance with its requirements,
including but not limited to requirements pertaining to experience,
moral integrity, operating capacity, financial capacity, credit, and
workforce, equipment, and facilities availability.
Conforming in all material respects to the terms and conditions,
specifications, legal requirements, and other provisions of the request.
The performance of work, or the furnishing of labor, time,
or effort, or any combination thereof, not involving or connected
to the delivery or ownership of a specified end product or goods or
a manufacturing process. "Service" or "services" may also include
an arrangement in which a vendor compensates the contracting unit
for the vendor's right to operate a concession.
The Qualified Purchasing Agent shall possess such purchasing
training and experience as required by law to exercise the authority,
responsibility and accountability as the Township's contracting agent.
A Qualified Purchasing Agent shall be considered "qualified" pursuant
to N.J.S.A. 40A:11-9b to exercise the supplemental authority as set
forth in N.J.S.A. 40A:11-3 and 40A:11-4.3, provided he or she shall
have completed the training mandated and possess such certifications
and purchasing experience as set forth in N.J.A.C. 5:34-5.1. Where
the Qualified Purchasing Agent's compliance thereto includes the holding
of a professional certificate, the certificate must remain in force
during the time the individual serves as a Qualified Purchasing Agent.
The Township Manager shall designate the Qualified Purchasing
Agent to manage the office of Purchasing Agent and/or Qualified Purchasing
Agent.
A Qualified Purchasing Agent shall have his/her compensation
fixed by the Salary Ordinance of Township Council.
A.
A Qualified Purchasing Agent shall have the authority to award a
contract on behalf of the Township in the aggregate that does not
exceed $29,000 in a contract year when authorized by a resolution
or ordinance of Township Council without public advertisement for
bids, pursuant to N.J.S.A. 40A:11-3 and LFN 2005-16.
B.
Pursuant to N.J.S.A. 40A:11-3 and 40A:11-4.3, Township Council shall
pass a resolution authorizing the amount of a higher bid threshold
under a Qualified Purchasing Agent for the Township. The Township
Clerk shall file said resolution with the Director of the Division
of Local Government Services for the State of New Jersey. The resolution
shall also be accompanied by:
(1)
A certification from the Township Manager that the Qualified Purchasing
Agent of the Township exercises the duties of a Qualified Purchasing
Agent pursuant to N.J.S.A. 40A:11-2(30), with specific relevance to
the authority, responsibility, and accountability of the purchasing
activity of the Township; and
(2)
A copy of the Township Qualified Purchasing Agent certification.
C.
In the event a Qualified Purchasing Agent is unable to exercise the
authority, responsibility and accountability of the Township's purchasing
functions, the bid threshold shall revert to the lower statutory bid
threshold level not requiring Qualified Purchasing Agent status pursuant
to N.J.S.A. 40A:11-3 until a Qualified Purchasing Agent is able to
assume the purchasing functions.
The Township Qualified Purchasing Agent shall perform the following
duties:
A.
Whenever required or practical to utilize an open competitive process
for the provision of the performance of goods or services on behalf
of the Township, prepare the advertisements to advertise and receive
bids, request for proposals or quotes for the purchase of all goods,
materials, and supplies required by any department or office of the
Township.
(1)
The Qualified Purchasing Agent may award contracts, not to exceed
$4,350 in the aggregate, without soliciting competitive quotations.
(2)
The Qualified Purchasing Agent may award contracts, not to exceed
the bid threshold of $29,000 in the aggregate, by soliciting competitive
quotations.
(3)
The Qualified Purchasing Agent shall award a contract, which in the
aggregate exceeds the bid threshold of $29,000, by resolution of Township
Council to the lowest responsible bidder after public advertisement
for bids.
(4)
The Qualified Purchasing Agent may negotiate or award a contract
on behalf of the Township without public advertising for bids, notwithstanding
that the contract price will exceed the bid threshold, when an emergency
affecting the public health, safety, or welfare of the public requires
the immediate delivery of goods or the performance of services. Notification
of an emergency shall be reduced to writing and filed with the Qualified
Purchasing Agent as soon as practicable. The Qualified Purchasing
Agent shall ascertain the need for the performance of a contract,
the nature of the emergency, the time of its occurrence and the need
for invoking an emergency contract according to the requirements of
local contract law. If the Qualified Purchasing Agent is satisfied
that an emergency exists, then the head of the department or office
requesting the invocation of the emergency provisions shall be authorized
to award a contract(s) for such purposes as may be necessary to respond
to the emergent needs. The contract shall be of such limited duration
as to meet only the immediate needs of the emergency. After the goods
or services have been provided, the Township Council shall approve
the payment of the contract price for the goods and services through
a resolution.
(5)
The Qualified Purchasing Agent may, without advertising for bids
or having rejected all bids obtained pursuant to advertising requirements,
purchase any goods or services under any contract or contracts for
such goods or services entered into on behalf of the state by the
Division of Purchase and Property in the Department of the Treasury.
The Qualified Purchasing Agent shall select the vendor offering the
lowest price, including delivery charges, that best meets the requirements
of the Township. Prior to placing such an order, the Qualified Purchasing
Agent shall receive the approval of Township Council through resolution
to enter into a contract with the vendor.
B.
Have the
power to make award for all purchases, contracts, and agreements for
goods and services.
(1)
The
Qualified Purchasing Agent shall not award a contract for the procurement
of goods and services until Township Council has approved the award
by resolution. The resolution shall indicate the date of the award,
the name of the contractor, the amount of the award, the term of the
contract, and a brief description of the goods and/or services furnished.
The Qualified Purchasing Agent shall be required to obtain the approval
of Township Council through resolution of all contracts procured for
goods and services on behalf of the Township notwithstanding that
the contract price is below the bid threshold.
(2)
All
purchases made and contracts awarded for any supplies, materials or
equipment or contractual services shall be pursuant to a written requisition
from the head of the department or office whose appropriation will
be charged and the certification of the Treasurer that a sufficient
unencumbered balance of appropriation is available to pay therefor.
C.
Establish and enforce specifications with respect to such services,
supplies, materials, and equipment.
D.
Oversee the evaluation of bids, request for proposals and quotes
for each department or office and handle the opening of sealed bids
and proposals at the dates and times specified in the announcements.
E.
Inspect or supervise the inspection of all deliveries of supplies,
materials, and equipment and determine their quality, quantity, and
conformance with specifications.
F.
Manage any and all central storerooms and warehouses which may be
established.
G.
Transfer to or between departments or offices such supplies, material
and equipment as need appears and arrange for the sale of surplus
or obsolete items thereof.
H.
The operation, management, or administration of such other services
and or responsibilities as authorized by the Director of the Division
of Local Government Services and the Township Manager.
