Title
Dept/ Agency: Administration/Division of Central Purchasing
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Use of State Contract(s) # A79873, A79874 & A79875
Purpose: Facilities MRO,Lighting Products, Industrial Supplies & Tools
Entity Name(s)/Address(s): Fastenal Company, 53 S. Jefferson Rd., Unit K, Whippany, NJ 07983
MSC Industrial Supply Co, Inc., 105 Newfield Ave., Edison, NJ 08837
W W Grainger Inc., Grainger Industrial Suppl., Div. Government Call Center, 55 Jackson Dr., Cranford, NJ 07016-3582
Contract Amount: $1,216,000.00
Funding Source: City of Newark Budget/Dept. of Engineering, Division of Public Buildings, Dept. of Neighborhood and Recreational Services, Division of Sanitation, City of Newark Budget and Grant Funds, Department of Fire
Contract Period: Upon authorization by Municipal Council - February 28, 2014
Contract Basis: ( ) Bid ( X ) State Vendor ( ) Prof. Ser. ( ) EUS
( ) Fair & Open ( ) No Reportable Contributions ( ) RFP ( ) RFQ
( ) Private Sale ( ) Grant ( ) Sub-recipient ( ) n/a
Additional Information:
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WHEREAS, the State of New Jersey, Cooperative Purchasing Program 1-NJCP has issued Contract M-0002 under the Western State Contracting Alliance, a/k/a WSCA, for Facilities MRO, Lighting Products, Industrial Supplies & Tools; and
WHEREAS, the City of Newark through its Purchasing Director wishes to utilize the Western State Contracting Alliance, a/k/a WSCA contract; for Facilities MRO, Lighting Products, Industrial Supplies & Tools, from an authorized vendor under the New Jersey Cooperative Purchasing Program 1-NJCP, pursuant to N.J.A.C. 5:34-7.29; and
WHEREAS, the purchase of goods/services by Local contracting units is authorized by Local Public Contracts Law, N.J.S.A. 40A: 11-12; and
WHEREAS, in accordance with N.J.S.A. 40A:11-11(5), N.J.S.A. 52:25-16.1 et seq. and N.J.A.C. 5:34-1.7, all Cooperative Purchasing Program participants are responsible for ensuring that the Purchase Order issued reflects the correct contract item pricing and that payment is processed accordingly. Only the items/services specified in the applicable State contract(s) may be purchased from the contract vendor(s) of record. Cooperative Purchasing participants assume full responsibility for all purchase transactions issued through State contracts, including Purchase Orders, delivery compliance, and payments; and
WHEREAS, the Method of Operation for Contract M-0002, requires Cooperative Purchasing Participants/Political subdivisions to complete the Contract Participation Form, found at the individual contractor websites in order to be eligible to use the contract(s) and receive contract pricing. If a similar item or service is available under another state contract and the similar item or service addresses primary and/or functionality requirements, then the M-0002 contract must not be used; and
WHEREAS, this contract allows for the purchase of Homeland Security equipment and supply items that are funded by federal or state grants, or a combination thereof, the Cooperative purchasing partner must email its request, including a detailed list of requested items, to Robert Beauregard, Assistant Director, Purchase & Property, at robert.beauregard@treas.state.nj.us for review and approval. This review will determine the most cost effective method of procurement; i.e., whether all or a portion of the items should be purchased from the M-0002 contracts or be procured through another procurement source; and
WHEREAS, the following vendors have been awarded a state contract award under the Western State Contracting Alliance, a/k/a WSCA; to purchase Facilities MRO, Lighting Products, Industrial Supplies & Tools, respectively, for the period commencing adoption of this resolution to February 28, 2014, inclusive of any subsequent extension to the term of the state contract:
# A79873 Fastenal Company, 53 S. Jefferson Rd. Unit K, Whippany, NJ 07983
# A79874 MSC Industrial Supply Co, Inc., 105 Newfield Ave., Edison, NJ 08837
# A79875 W W Grainger Inc., Grainger Industrial Suppl., Div. Government Call Center, 55 Jackson Dr., Cranford, NJ 07016-3582; and
WHEREAS, the Purchasing Director recommends the utilization of these state contract awards on the grounds that they provide various facility maintenance, repair and operations (MRO) products and supplies not found on city contracts or state contracts and is needed by the City of Newark, Department of Fire, Department of Neighborhood and Recreational Services, Division of Sanitation and Department of Engineering, Division of Public Buildings; and
WHEREAS, the total cost of purchases from the Western State Contracting Alliance, a/k/a WSCA contract for Facilities MRO, Lighting Products, Industrial Supplies & Tools contract is expected not to exceed $1,216,000.00; and
WHEREAS, the Chief Financial Officer will certify the availability of funds before the order is placed.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY THAT:
1. Pursuant to N.J.S.A. 40A:11-1 et seq. and N.J.A.C. 5:34-7.29, the Purchasing Director is authorized to utilize contract # A79873 Fastenal Company, #A79874 MSC Industrial Supply Co, Inc. and #A79875 W W Grainger Inc., Grainger Industrial Suppl., Div. Government Call Center, to provide for the usage of the Western State Contracting Alliance, a/k/a WSCA contract for Facilities MRO, Lighting Products, Industrial Supplies & Tools, for the period commencing from the adoption of this resolution to February 28, 2014, inclusive of any subsequent extensions to the term of this state contract.
2. There shall be no amendment of this Resolution without the approval of the Municipal Council.
3. There shall be no advance payment on this state contract in accordance with N.J.S.A. 40A: 5-16. Funds for 2012 and subsequent years are contingent upon appropriations; pursuant to N.J.A.C. 5:30-5.5(c).
4. This contract is awarded as an open- ended contract under N.J.A.C. 5:30-5.3(c) and pursuant to N.J.A.C. 5:30-5.5(d) (2). Certification of Availability of Funds shall be executed each time an order is placed and charged against this contract. This contract shall not exceed $1,216,000.00 inclusive of subsequent extensions to the term of contract by the state.
5. This contract complies with Local Pay to Play, N.J.S.A. 19:44A-20.5 as a state contract award and constitutes a fair and open procedure.
6. The Purchasing Director shall forthwith file a duly executed copy of the contract in the Office of the City Clerk.
7. If required by the State Law, the City Clerk shall provide the appropriate notice of the award of this contract to the State Comptroller no later than 20 business days following such authorization, in accordance with N.J.S.A. 52:15C-10 and the Notice of the Office of the State Comptroller dated May 7, 2008.
STATEMENT OF INTENT:
This resolution authorizes usage of a state contract award to Fastenal Company, MSC Industrial Supply Co, Inc., and W W Grainger Inc., Grainger Industrial Suppl., Div. Government Call Center, to provide for the usage of the Western State Contracting Alliance, a/k/a WSCA contract for Facilities MRO, Lighting Products, Industrial Supplies & Tools, for the period commencing from the adoption of this resolution to February 28, 2014, inclusive of any subsequent extensions to the term, at a cost not to exceed $1,216,000.00.