Non-Fair and Open Contracts
The South Monmouth Regional Sewerage Authority (SMRSA) Policy requires that for a “Non-fair and Open Contract” to be awarded, the following requirements must be met:
A. The South Monmouth Regional Sewerage Authority has established more stringent standards and/or requirements within its Local Unit Policy for a “Non-Fair and Open Contract”. More specifically under its Pay to Play Policy the SMRSA has defined a contribution as follows:
- “A contribution to a “committee” is either one that is reportable under the New Jersey Contributions and Expenditures Reporting Act, (N.J.S.A. 19:44A-1 et seq), or any and all contributions in excess of $ 300.00 or the sum of multiple contributions to any and all political party committees or candidates or candidates’ political committees that either hold office or govern within the jurisdictional service area of the SMRSA.”
- The contractor may not make a reportable contribution during the term of the contract.
B. The contractor must certify that no reportable contributions were made during the one year preceding the award of the contract.
The requirements are met and documented in the following manner:
- The governing body has a written determination that a contract has an anticipated value in excess of $17,500.00.
- The business entity files a separate Business Entity Disclosure form for all of the eight municipalities in the SMRSA service area certifying that no reportable contributions were made during the previous year. NOTE: that the sum of all contributions from each of the eight forms cannot exceed the aggregate value of $300.00.
- The contract contains a requirement prohibiting reportable contributions from being made during the term of the contract.
- The Commissioners pass a resolution awarding the contract.
The completed Business Entity Disclosure forms must be provided to the SMRSA prior to the Commissioners approving a contract. The Commissioners cannot award a contract without having the completed certification on file.
The SMRSA Policy requires that a contractor “shall not make a contribution, reportable by the recipient under P.L. 1973, c.83 (C.19:44A-1 et seq.), to any municipal committee of a political party of any municipality in the SMRSA service area if a member of that political party is serving in an elective public office of that municipality when the contract is awarded or to any candidate committee of any person serving in an elective public office of that municipality when the contract is awarded, during the term of the contract.”
The prohibition on donations starts at the time of the award, not when the contract is executed. Contributions are prohibited for one-year prior to the award.
Fair and Open Contracts
The “Fair and Open Contract” process may be used for any contract that exceeds $17,500.00 but is less that the Local Public Contracts Threshold. This process has four minimum requirements.
1. Publicly advertised (either conventionally in newspapers or posted on the Authorities website) with “sufficient time” to give notice, and.
2. Awarded under “a process that provides for public solicitation of proposals or qualifications,” and
3. Established on the basis of an award and disclosure process documented in writing prior to any solicitation, and
4. Publicly opened and announced when awarded.
Under the “Fair and Open Contract” process a contract can be awarded to a contractor that made reportable contributions as described above.