N.J. Admin. Code § 5:34-2.2

Current through Register Vol. 56, No. 21, November 4, 2024

Section 5:34-2.2 - General requirements limiting the use of the exception

(a) The assertion that the service can only be provided by a single contractor ("sole source") shall not be sufficient to justify avoidance of competitive bidding as an extraordinary, unspecifiable service (hereinafter referred to as EUS).

(b) The fact that the service is in the nature of a personal, human, social or training services contract, or includes within its description such terms as "technical," "management," "consultant," or similar descriptions suggesting some special nature shall not in itself be sufficient to utilize this exception. The need for expertise, extensive training and proven reputation in the field of endeavor must be critical and essential to the project, and not merely a desire to have a reliable job performed.

(c) The services must be of such a qualitative nature that the performance of the services cannot be reasonably described by written specifications. However, services previously bid or generally characterized as being of a continuous ongoing nature shall be subject to the presumption that such services may not be classified as an EUS, unless a contracting unit can demonstrate in writing its inability to prepare written specifications describing the qualitative nature of the performance of the services required. If written specifications can be prepared describing the qualitative nature of the performance of the services, then they shall be so written, but notwithstanding that the other criteria of the definition may be met. Contracting unit officials might also consider the use of competitive contracting pursuant to N.J.S.A. 40A:4.1(k) or 18A:18A-4.1(k).

(d) Services that meet the requirements of EUS may not be combined with other work in a contract which is predominantly characterized as being a biddable activity so as to avoid the necessity of bidding for the work which in its own right is subject to competitive bidding.

(e) No firm, having been previously contractually retained under this exception to study, survey, or prepare specifications for a given system, function, or equipment, may be selected without competitive bidding or competitive contracting to operate, implement, or provide any material or services on the basis of intimate or specialized knowledge acquired as a result thereof. Such a firm is not authorized to participate in competitive bidding or competitive contracting if its earlier participation would give it an unfair advantage.

N.J. Admin. Code § 5:34-2.2

Amended by R.2000 d.485, effective 12/4/2000.
See: 32 N.J.R. 3237(a), 32 N.J.R. 4300(a).
Rewrote (c) and (e).
Amended by R.2013 d.123, effective 9/13/2013.
See: 45 N.J.R. 1205(a), 45 N.J.R. 2203(a).
Rewrote (e).