N.J. Admin. Code § 5:34-9.6

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

Section 5:34-9.6 - Purchasing at 10 percent less than a State cooperative contract price

(a) A contracting unit that procures materials, supplies, or equipment for at least 10 percent less than the State cooperative contract price, pursuant to 40A:11-5(4), shall submit the following documentation to the Director of the Division of Local Government Services within five working days of the award of any such contract:

1. A copy of the purchase order;

2. A copy of the requisition or request for purchase order (if applicable);

3. The written certification of its purchasing agent stating that the purchase price of the materials, supplies or equipment is at least 10 percent less than the State contract price;

4. Documentation verifying that the materials, supplies or equipment purchased by the contracting unit are identical to the materials, supplies or equipment on State contract;

5. A copy of each request for quotation issued by the purchasing agent;

6. Copies of each of the three quotations received by the purchasing agent, which shall include the vendor's name, address, identification of items offered, prices quoted, and the percent discount (if applicable); and

7. A copy of the adopted resolution, approving or awarding the contract for the purchase of materials, supplies, or equipment, approved by two-thirds affirmative vote of the full membership of the governing body.

(b) All purchase orders or contract documents shall include the identifier "5:34-9.6 " and the State contract number in order to validate the legal basis under which the purchase was made, and to assist in the conduct of audits and other reviews for statutory compliance.

(c) The Division has provided an optional submission checklist in chapter Appendix B, "Purchasing At 10 Percent Less Than The State Cooperative Contract Price 40A:11-5(4)." The checklist is intended to help contracting units comply with the provisions of this section. The checklist is available in the public contracts law section of the Division's website http://www.nj.gov/dca/divisions/dlgs/.

N.J. Admin. Code § 5:34-9.6

New Rule, R.2002 d.118, effective 4/15/2002.
See: 34 N.J.R. 632(a), 34 N.J.R. 1544(a).
Amended by R.2013 d.123, effective 9/13/2013.
See: 45 N.J.R. 1205(a), 45 N.J.R. 2203(a).
In the introductory paragraph of (a), inserted a comma following "supplies", deleted "or 18A:18A-5(e)" following "40A:11-5(4)", and inserted "of the Division of Local Government Services"; rewrote (a)7; and in (c), deleted "and N.J.S.A. 18A:18A-5(e)" following "40A:11-5(4)", and updated the Division's website address.