N.J. Admin. Code § 17:44-3.8

Current through Register Vol. 56, No. 23, December 2, 2024

Section 17:44-3.8 - Additional documents and information required for cooperative purchasing, sole source provider or proprietary, emergency and professional services contracts valued at more than $ 2 million

(a) Contracting units that plan to enter into, or have entered into, a cooperative purchasing agreement valued at more than $ 2 million shall submit an award recommendation or briefly explain the reasons for using cooperative purchasing and provide documents evidencing any cost analysis conducted. Governments using the cooperative purchasing requirements of a state contract need not provide such information.

(b) Contracting units that plan to enter into, or have entered into, a sole source provider contract or proprietary contract valued at more than $ 2 million shall provide documents evidencing the justification for the award including an explanation addressing the lack of other vendors that can provide comparable products or services, any resolution of the governing body authorizing the use of proprietary goods and any completed waiver documentation. When determining if goods or services are sole source, contracting units shall abide by existing laws and rules limiting the use of the sole source exception, such as 5:34-2.2. Contracting units using a waiver from public bidding for contracts valued at $ 10 million or more shall provide OSC with a copy of the waiver or resolution prior to contract award or execution.

(c) Contracting units that have entered into emergency contracts valued at more than $ 2 million shall provide a brief explanation as to why the procurement was classified as an emergency, any related resolution from the governing body and any completed waiver.

(d) In any type of procurement for which an evaluation committee is appointed, including procurements for professional services and procurements using competitive contracting, a contracting unit shall maintain the list of persons participating on the evaluation committee, each person's qualifications, original documents evidencing the scoring by the evaluation committee, the committee's evaluation of the successful and unsuccessful vendors and any award recommendation. OSC may request such documents following award notice.

N.J. Admin. Code § 17:44-3.8