N.J. Admin. Code § 19:38C-6.2

Current through Register Vol. 57, No. 1, January 6, 2025

Section 19:38C-6.2 - Circumstances justifying waiver of advertising; pre-qualification

(a) The Authority may grant a waiver of public advertisement in the following limited circumstances:

1. The engagement to be made is with the Federal government, or any State government or any agency or political subdivision thereof;

2. A public exigency exists in which professional services must be purchased immediately and are necessary to mitigate an emergency situation;

3. Only one professional services consultant is capable of or available to provide the services at the time they are required; or

4. When the services required are available through participation in an existing contract between a vendor and any department, division, office, agency, bureau, or section of the United States, or any authority or instrumentality created or chartered thereby and any department, division, office, agency, bureau, or section of New Jersey or any state of the United States other than New Jersey, or any political subdivision thereof including, but not limited to, municipalities, or any other authority or instrumentality created or chartered thereby, provided that:

i. The existing contract was the result of a competitive selection process;

ii. The terms of the existing contract permit such Authority participation;

iii. The price of the services being procured is no greater than the price offered to the original governmental unit party to the existing contract;

iv. The Authority receives the benefit of any price reductions mandated by the original governmental unit party during the term of the existing contract and is protected from price increases during that time; and

v. The price of services being procured is no greater than the price of the same or equivalent goods or services under any existing New Jersey State contract.

(b) At the option of the Authority, the Authority may waive pre-qualification of a professional services consultant procured pursuant to public exigency under (a)2 above.

N.J. Admin. Code § 19:38C-6.2

Amended by R.2012 d.085, effective 5/7/2012.
See: 43 N.J.R. 3153(a), 44 N.J.R. 1551(a).
Section was "Categories; pre-qualification". Rewrote the introductory paragraph of (a), (a)2, (a)3, and (b); in (a)1, inserted "government"; and added (a)4.