Procedure No. 700.2

Fair and Open Process

Adopted: 4/27/2022

The procedure governing the procurement of all materials, supplies and equipment required in the operation of Atlantic Cape Community College is an administrative responsibility overseen by the Board of Trustees in compliance with New Jersey Statutes Annotated, Title 18A-Education, County College Contracts Law 18A:64A-25 et.seq.

It is the purpose of the Purchasing Department to secure and distribute quality goods and materials at the lowest possible price consistent with the educational standards and objectives of the College.

SPECIFICATIONS

It is the responsibility of the Purchasing Department to buy all required supplies, materials and equipment. Specifications shall be so written that broad competitive solicitation through formal bid or written quotation procedures is encouraged.

PROCEDURES

  1. Purchases

The process means, at a minimum, the contract shall be publicly advertised in a newspaper or on the College Internet website in sufficient time to give notice in advance of the contract.  The contract shall be awarded under a process that provides for public solicitation of proposals or qualifications and awarded and disclosed under criteria established in writing by the College prior to the solicitation of proposals or qualifications, and publicly opened and announced when awarded.  The decision by the College of what constitutes a fair and open process shall be final. (N.J.S.A. 19-44A-20.7)

  1. Provisions
    • The provisions of the Local Public Contracts Law that apply to public bidding and the competitive contracting process fully meet the intent and purpose of the fair and open process.  Thus, when public bidding or the competitive contract process is used in accordance with law, the fair and open standard is met.
  2. Requirements
    • The requirement of “sufficient time to give notice” is met at a minimum by the standard for newspaper publication of bids; 10 calendar days.  This applies for either newspaper or web site advertising.  The notice should include:
      • a description of the requested goods or services
      • the time, date and place proposals must be submitted
      • contact information for obtaining the proposal document
      • the name of the agency requiring the proposal, and
      • a statement that the proposal is being solicited through a fair and open process in accordance with N.J.S.A. 19:44A-20.4 et seq.
  3. Basis of Award
    • The criteria that will be used as the “basis of award” for the desired goods or services must be included in the document soliciting proposals.
    • Proposals may be opened in any public venue, although not at a public meeting.  The purchasing agent or another official can receive, open and announce proposals in a public meeting room, at the established time and place and open to the public.  Fair and open proposals must be publicly opened, and the name of each vendor, their price proposal(s) and other pertinent information is read aloud.
    • Awards can be made at a separate time by resolution, without a reading of all proposals.
    • Awards of fair and open contracts must be made by the governing body.
    • All resolutions awarding contracts over the $17,500.00 threshold should include wording indicating the contract is awarded pursuant to a fair and open process.

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