N.J. Admin. Code § 17:9-10.19

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

Section 17:9-10.19 - Exceptions to formal, advertised, sealed bidding

(a) The Commission may contract without formal, advertised, sealed bidding in one or more of the following situations:

1. Services to be performed are of a technical and professional nature;

2. Bid prices after advertising are not reasonable or independent, provided that each responsive bidder is provided the opportunity to submit revised prices;

3. The purchase is from the Federal or any State government or political subdivision thereof;

4. Public exigency, that is, life, health and/or other emergencies, requiring the immediate delivery of the services; and/or

5. Only one source of supply is available.

(b) Prior to finalization of any contract pursuant to (a) above, the proposed contractor shall provide the Director with evidence of compliance with Ownership Disclosure requirements, 52:25-24.2; evidence of compliance with State Affirmative Action requirements, 10:5-31 et seq.; evidence of compliance with MacBride principles of nondiscrimination in employment, 52:34-12.2; evidence of business registration with the Division of Revenue; required certificates of insurance; and required performance security.

(c) Prior to recommending a contract award to the Commission for approval pursuant to (a)1 and/or 2 above, the Director shall seek competition from a minimum of three firms. Proposals received shall be evaluated on the basis of price and other factors.

N.J. Admin. Code § 17:9-10.19