N.J. Admin. Code § 17:12-2.10

Current through Register Vol. 56, No. 11, June 3, 2024

Section 17:12-2.10 - Tie proposals

(a) In the event that proposals submitted by two or more bidders are tied with respect to price, and the application of the other evaluation criteria specified in the RFP does not provide a basis to distinguish between or among the tied proposals, the Director shall award the contract based on a review of the following factors listed in order of priority:

1. Tie-breaking provision(s) set forth in the RFP;

2. A usable cash- or volume-based discount that renders one proposal more favorably priced;

3. Delivery advantage, specifically shorter proposed time frames for delivery and/or closer proximity to the point of delivery;

4. Active registration on the date of proposal opening as an approved small business with the Department of the Treasury unit responsible for administering the State's small business registration program; and

5. In-State location.

(b) When application of the above distinguishing factors does not result in a breaking of the tie status, the Director may, if practicable, make multiple awards.

N.J. Admin. Code § 17:12-2.10

Recodified from N.J.A.C. 17:12-2.6 and amended by R.1999 d.407, effective 11/15/1999.
See: 31 N.J.R. 2301(a), 31 N.J.R. 3742(b).
Rewrote the section. Former N.J.A.C. 17:12-2.10, Out-of-State vendors, recodified to N.J.A.C. 17:12-2.12.
Amended by R.2005 d.128, effective 4/18/2005.
See: 36 N.J.R. 5230(a), 37 N.J.R. 1218(a).
Rewrote (a).
Amended by R.2012 d.074, effective 4/2/2012.
See: 43 N.J.R. 3308(a), 44 N.J.R. 1143(b).
Section was "Tie bids". Rewrote the section.