N.J. Admin. Code § 5:34-9.5

Current through Register Vol. 56, No. 11, June 3, 2024

Section 5:34-9.5 - Miscellaneous circumstances

(a) When a single contract for the collection of solid waste includes both municipal solid waste, pursuant to 40A:11-15(3), and collection from facilities owned by a contracting unit, pursuant to 40A:11-15(38), the contract may be granted for a term of not more than five years.

(b) When contracts for goods or services are less than 15 percent of the bid threshold, the purchasing agent shall employ sound business practices in awarding the contract. For the purpose of this subsection, sound business practice means employing such judgment that the price charged to the contracting unit reflects current market conditions and the quantity and delivery needs of the contracting unit.

(c) When a notice of award for professional services, competitive contracting, and extraordinary unspecifiable services is required to be published in the official newspaper of the contracting unit, such a notice shall be published no later than 20 calendar days after the passage of the resolution awarding the contract.

(d) Pursuant to N.J.S.A. 40A:11-4b(1) and 18A:18A-4b(1) with regard to the use of mediation to reach a finding of prior negative experience, if the mediation activity included a requirement of confidentiality and if no final determination of responsibility was reached, such mediation activity shall not be considered as a cause for a finding of prior negative experience, unless stipulation was made to the contrary.

(e) In a contracting unit subject to the Public School Contracts Law, a purchasing agent may appoint a "duly authorized designee" to act on behalf of and be responsible to the purchasing agent for such actions as related to purchasing. The purchasing agent shall recommend such designee to the board of education for their consideration and approval. The designee cannot act on behalf of the purchasing agent until board approval is received. Under these circumstances, the purchasing agent shall continue to hold the authority, responsibility, and accountability for the purchasing activity of the contracting unit. The use of this provision does not permit a "duly authorized designee" to exercise the authority of a duly-appointed qualified purchasing agent.

N.J. Admin. Code § 5:34-9.5

Amended by R.2013 d.123, effective 9/13/2013.
See: 45 N.J.R. 1205(a), 45 N.J.R. 2203(a).
In (e), substituted "board of education" for "Board of Education", and "board" for "Board" following "until", inserted a comma following "responsibility", and inserted "duly-appointed".