Dillon's Rule - Provides for a Strict Construction Approach - State Supremacy over local
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government. Municipal Corporations possess those powers granted by state legislatures
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in express terms, together with those necessarily implied by the powers granted, and
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those indispensable powers essential to the objectives of the municipal corporation.
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The "Cooley Doctrine" - Local Government existed before State Government. Judge
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described basic tenets of American political philosophy, namely t4 things that exist;
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1. Inherent right of local government
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2. Right to local self government to be absolute right which could not be abridged
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3. Many local governments existed before state government
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4. Local governments come out of the "fabric" of American life & were the "cradle" and
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guardian of American liberty and democracy
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Forms of NJ Municipal Government - 1. Boroughs
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2. Commission
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3. Municipal Manager
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4. Townships
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5. Villages
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6. Towns
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7. Cities
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8. Optional Municipal Charter Plans (Faulkner Act)
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Types of Optional Municipal Charter Plans - Faulkner Act - 1. Mayor - Council Plan
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2. Council - Manager Plan
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3. Small Municipality Plan
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4. Mayor-Council-Administrator Plan
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Only Government that requires governing body to appoint a QPA
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Forms of NJ County Governments - 1. Board Form
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2. Optional County Charter Plans - All maintain centralized purchasing procedures.
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a. County Executive Plan
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b. County Manager Plan
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c. County Supervisor Plan
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d. Board President Plan
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, Common Rule - Regarding general procurement procedures & the expenditure of grant
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funds local contracting units shall utilize local procurement procedure that reflect state law
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if they conform to federal law. If state & federal law is in conflict, use the stricter provision
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Uniform Commercial Code - UCC - Statutes that apply to contracting Parties whether
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private individuals or public entities. UCC reflects the common law for commercial
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transactions.
II
3 Main Reasons for UCC - 1. to simplify the law
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2. to permit the continued expansion of commercial practices through customization
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3. to make uniform the law
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II Battle of the Forms - Refers to the backs of forms not matching while the fronts do
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4 Elements of a Contract - 1. Capable Parties - having legasl mental capacity
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2. Mutual Consent - voluntary agreement
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3. Lawful Objective - legal matter
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4. Sufficient Cause to Contract - consideration, something for something
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Contract - Agreement which is legally binding relationship enforceable by law, between a
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vendor who agrees to provide or perform goods or services and a conbtracting unit which
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agrees to compensate a vendor as defined by and subject to the terms of the agreement.
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Purchase Order - Document issued by the contracting agent authorizing a purchaseb
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transaction with a vendor to provide or perform goods or services to a contracting unit.
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Types of Contracts - 1. Firm Fixed-Price Agreements
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2. Agreements with Escalation provisions
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3. Time and Material Agreements
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4. Open-End Agreements
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5. Lease Agreements
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6. Lease with an Option to Purchase Agreements
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Methods of Vendor Selection - 1. Competitive Sealed Bidding
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2. Competitive Contracting
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3. Competitive Quotations
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4. Proprietary Purchases
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5. Emergency Purchases
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Competitive Sealed Bidding - Process involving publicizing public entity needs, inviting
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bids, conducting public bid openings, and awarding a contract to the lowest responsive
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and responsible bidder. This is the preferred method of procurement
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Competitive Contracting - This method authorizes contracting for specialized goods and
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services in which formal proposals are solicited from vendors.
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