N.J. Admin. Code § 5:34-7.10

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

Section 5:34-7.10 - Cooperative purchasing system requirement for bids

(a) Each request for bids shall contain the following:

1. Language requiring uniform bid price(s) for both the lead agency and registered members. A provision with respect to the registered members shall be included substantially as follows:

REQUIREMENTS OF REGISTERED MEMBERS

[] Check here if willing to provide the goods or services herein bid upon to registered members of the (System Name and System Identifier) who have submitted estimates, without substitution or deviation from specifications, size, features, quality, price or availability as herein set forth. It is understood that orders will be placed directly by the registered members identified herein by separate contract, subject to the overall terms of the master contract to be awarded by the (name of the lead agency), and that no additional service or delivery charges will be allowed except as permitted by these specifications.

[] Check here if not willing to extend prices to registered members of the (System Name and System Identifier) who have submitted estimates as described above. It is understood that this will not adversely affect consideration of this bid with respect to the needs of (name of the lead agency).

2. A statement as to the procedure to be followed in the event that the lowest responsible bidder, in the bid document, declines to extend prices to the registered members who submitted estimates. Examples of such procedures include:

i. The contract for the stated needs of the lead agency will be awarded to the lowest responsible bidder, and new bids will be sought and a master contract subsequently awarded with respect to the needs of the registered members who have submitted estimates;

ii. The contract for the needs of the lead agency will be awarded to the lowest responsible bidder, and a master contract for the registered members who have submitted estimates will be awarded to the next lowest bidder whose bid agrees to extend prices; or

iii. The contract for the needs of the lead agency will be awarded, all other bids shall be rejected and no further bids will be sought by the lead agency on behalf of the registered members who have submitted estimates.

(b) The master contract shall state that the bid prices may be extended to registered members who have not submitted estimates prior to the advertisement for bids with the written approval of the lead agency and the contractor.

(c) A statement as to whether or not insurance certificates and/or performance bonds are necessary.

N.J. Admin. Code § 5:34-7.10

Amended by R.1995 d.633, effective 12/4/1995.
See: 27 New Jersey Register 3259(a), 27 New Jersey Register 4885(b).
Recodified from N.J.A.C. 5:34-7.13 and amended by R.2000 d.485, effective 12/4/2000.
See: 32 New Jersey Register 3237(a), 32 New Jersey Register 4300(a).
Former N.J.A.C. 5:34-7.10, Cooperative purchasing system time for review, recodified to N.J.A.C. 5:34-7.28. In (a)1, substituted references to system identifiers for references to ID numbers throughout, and substituted a reference to goods and services for a reference to items.