The Borough of Fair Lawn is soliciting Qualification Statements from interested persons and/or firms for the provision of professional traffic engineering services to the Zoning Board of Adjustments for the year 2022. Qualifications will be accepted for the specific professional services set forth in the Public Notice, a copy of which is attached hereto. Request for Qualification packages can be obtained at the office of the Zoning Officer by calling 201-794-5308. The selection is subject to the "New Jersey Local Unit Pay-to-Play" Law, N.J.S.A. 19:44A-20.5 et seq. The Borough has structured a procurement process that seeks to obtain the desired results, while establishing a process to assure that each person and/or firm is provided an equal opportunity to submit a Qualification Statement in response to the RFQ Qualification Statements will be evaluated in accordance with the criteria set forth in Section 5 of this RFQ, which will be applied in the same manner to each Qualification Statement received.
The Pay-to-Play requirements are set forth below. Pursuant to the Pay-to-Play law, NJSA 19:44-20.7, "fair and open process" means at a minimum: (i) that the contract shall be publicly advertised in newspapers or on the Internet website maintained by the public entity; (ii) that the advertisement provide sufficient time to give notice in advance of the award of the contract, of the fact that such contract is being contemplated; (iii) the contract shall be awarded under a process that provides for public solicitation of qualifications or qualifications and shall be awarded and disclosed under criteria established in writing by the public entity prior to the solicitation of qualifications or qualifications; and (iv) the submissions shall be publicly opened and announced when awarded. The decision of a public entity as to what constitutes a "fair and open" process shall be final. NJSA 19:44A-20.7. The public bidding requirements under NJSA 40A:11-4 and competitive contracting requirements under NJSA 40A:11-4.5 satisfy the requirements of the "fair and open" process. The agency has several options in choosing its basis for awarding a bid under the "fair and open" process. (DLGS Guide, page "8"). The agency could use the following standard: (i) "lowest responsible bidder" standard under public bidding, NJSA 40A:11-4; (ii) the standard used by state government and competitive contracting model "most advantageous, price and other factors", NJSA 40A:11-4.5; or (iii) any other "fair and open" process set forth by the agency. The method of contractor selection has not been determined at this time.
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