SOUTHERN NEW JERSEY CHAPTER 6
Of the
NATIONAL INSTITUTE OF GOVERNMENTAL PURCHASING
Minutes of Regular Meeting on March 14, 2012 at The Crab Trap Restaurant Somers Point, NJ
The Chapter 1st Vice President, Thomas Hassett called the meeting to order at 6:30 and welcomed everyone present. The Flag Salute was lead by a veteran, Margaret Miller, from the Women’s Army Corp, followed by the invocation given by Judson Moore. Tom thanked everyone for coming out this evening and requested the Secretary and Treasurer’s Reports.
Secretary Report
Tammy Fetherman reported the minutes from our December 14, 2011 meeting at the Crab Trap Restaurant were available as a handout. Upon review of the minutes, a motion was made by Chris Conley to accept the Secretary’s Report, which was seconded by Sherry Woodrow. All were in favor.
Treasurer’s Report
Judson Moore reported that the February Treasurer’s report is available as a handout. A motion was made by Carmella Desiderio to accept the Treasurer’s Report as presented, which was seconded by Sherry Woodrow. All were in favor.
Rutgers Update
Tom introduced Kathi Cupano from Rutgers Center for Government Services. Kathi reported that enrollments for the Public Purchasing courses being held this spring have increased from last semester. There may be a summer semester offered depending on course demand and the fall schedule should be available online sometime mid June.
Kathi reminded everyone that the 43rd Annual Rutgers Public Purchasing Forum is being held May 2 & 3, 2012 @ the Sheraton in Atlantic City. Conference brochures are available as a handout. This conference has been very well attended over the years, 265 people attended last year, which was the highest amount ever attended. In closing, Kathi thanked us for the opportunity to provide an update.
Member Attendance
Board Members present today were Gordon Ball, Susan Riis, Tom Hassett, Tammy Fetherman, Judson Moore, Mary (Trish) Mooney and Past President, Yvonne Lewis. There were a total of 35 attendees. Tom again thanked everyone for attending.
Executive Director’s Report
Vice President Hassett introduced Executive Director, Gordon Ball. Gordon reminded everyone to sign in for attendance this evening, however, the Certification of Attendance is not available this evening but will be sent to everyone that has signed in. Gordon continued to report on the following issues:
National Cooperative Contract: Gordon reported that the signing of this bill by the Governor was a total surprise and DCA has been trying to “catch up” ever since! LFN 2011-35 went out in November with some basic guidance, with hopes to release an additional LFN in January and here it is March! The LFN has been prepared by the Division but must be reviewed/approved by the Director prior to release, all 13 pages. Much of the content of the new LFN came from research of court cases, specifically the Auto Zone case. Gordon reminded everyone that this law has limitations on its use. Gordon stressed the fact that Contracting Officials should be cautious to insure that the new authority is not abused. Gordon also stressed that Local Officials continue to choose contractors and vendors in an open and transparent manner. Gordon reinforced that if you are considering use of a National Coop Contract you must first assess all available options including; receipt of bids, use of local or regional cooperative programs, and even State Contract pricing prior to actually purchasing from the National Coop. There was lengthy discussion. You must be able to document that you have checked all other price options and prove the National Coop is the lowest responsible pricing available. This documentation must be kept on file with your organization for five years. Gordon warned that US Communities vendors may also be vendors you have current contracts with. If you are presented with the option to buy US Communities pricing OR your current contract, be extremely careful. You may be falling into a breach of contract situation with your current contract depending on how you proceed with your purchases. The representatives from US Communities will tell you that you can do this with no penalties but be careful, they will tell you anything to try to get your business! There was again, very lengthy discussion. At the end of the LFN there is an Appendix C that is a checklist for yourself to make sure you didn’t forget anything! As of the date of transcription of these minutes (4/09/2012) the LFN is still pending and has not been released.
NJ Business Website: Gordon announced that the Governor signed a bill that all public entities will be required to list their bids on this website that is currently utilized by many State entities, however, there are roughly 2,000 other public entities that would be required to enter their bid information to this site and the site is not prepared for so many. The system is in the process of being reviewed for an update to accommodate this venture. You must still advertise in your official newspaper, etc., however, this would be in addition to your public advertisement. Gordon noted that this requirement was to be effective March 1, 2012, however, the website is not capable yet. There was lengthy discussion.
Affirmative Action/EEO: Gordon reported that Affirmative Action Department has been split in two. Goods and services falls under the Division of Purchase and Property, same people that bring us State Contracts. If it is construction, it falls under the Department of Labor now.
Division of Purchase and Property: Gordon reported that DPP has totally re-written their rules. This will make changes to the way State contracts are issued and inspected.
School Bus Advertising: Gordon announced schools that own their buses are allowed to advertise on those buses. A set of rules have been released under 18A:4.1 using a concession exemption for this service.
Energy Savings Improvement Plan, ESIP: Gordon stated DCA has issued guidance on Energy Savings Improvement Plan (version 1). Now Gordon stated that version 2 is available to give you some continued insight on how to proceed with an ESIP.
QPA Exam: Gordon reported that DCA plans to offer the first QPA exam toward the end of June 2012. There will be review sessions offered through Rutgers prior to the exam.
Legislative Report
1st Vice President Hassett introduced Nicola Reid to report on pending bills and new legislation proposed. Nicola presented the following legislation:
A137/S1646: Restricts business entities that make campaign contributions from performing certain local government contracts.
A683: Limits when bidders can be required to submit a financial statement in order to bid on a local public contract or county college contract.
A1023/S1884: Concerns prompt payment of construction contracts. (2nd reading in assembly)
A1893/S1884: Requires State Treasurer, in consultation with State Comptroller, to promulgate rules and regulations concerning best practices for awarding independent State authority contracts.
A2002: Requires certain percentage of hours worked on State-funded public works projects be reserved for New Jersey residents.
A2564/S1753: Clarifies requests for proposals of public entities implementing energy savings improvement program contracts.
S/998: Provides certain individuals, businesses or other organizations performing public contracts are prohibited from making certain contributions.
There was lengthy discussion and the Legislative Report has been attached and made part of the minutes as attachment one (1).
New Business
Retirement Resolution Honoring Marc Pfeiffer: Gordon reported that Marc Pfeiffer of the Division of Local Government Services will be retiring March 31, 2012. A motion was made by Tammy Fetherman and seconded by Thomas Hassett to adopt a resolution to Honor Marc Pfeiffer as he retires. All were in favor. The Resolution has been made a part of these minutes as attachment two (2).
Conclusion
Tom asked for a motion to adjourn, which was made by Joan Siess and seconded by Bill Towns. Meeting adjourned at 8:02 p.m.
Respectfully submitted,
Tammy Fetherman
Secretary
Attachments (2)