N.J. Admin. Code § 17:12-1.1

Current through Register Vol. 56, No. 19, October 7, 2024

Section 17:12-1.1 - General course and method of operation

(a) The Division of Purchase and Property (Division), in and of the New Jersey Department of the Treasury, provides centralized procurement and related services to agencies of the Executive Branch of State government. Within its statutory framework, the primary mission of the Division is to procure, in a timely and effective manner, contracts for the goods and services necessary for the daily operation of State government. The Division includes the Procurement Bureau, the Contract Compliance and Audit Unit, and the Distribution and Support Services Unit. This chapter sets forth the rules that apply to the Division, State agencies and other public entities, and vendors participating in the State's procurement and contracting processes.

(b) The Director of the Division of Purchase and Property (Director) is charged with the responsibility for establishing contracts and issuing purchase orders, the cost of which is to be paid with State funds or funds in the State's custody and control, and occasionally those contracts involving no cost to the State or those generating revenue for the State. If the aggregate amount involved does not exceed the threshold established pursuant to N.J.S.A. 52:34-7, any procurement or contract may be made, negotiated, or awarded by the Director without advertising, in any manner the Director may deem effective and practicable to permit full and free competition.

(c) When the aggregate amount exceeds the threshold established pursuant to N.J.S.A. 52:34-7, the Division shall, as prescribed and/or practicable, use one of the following methods to procure the needed goods and/or services:

1. An advertised competitive bidding process that utilizes a Request for Proposal or Request for Qualifications and permits such full and free competition as is consistent with the procurement of goods and services necessary to meet the requirements of the using agency or agencies; or

2. A non-advertised procurement process in accordance with applicable statutes and with the requirements and restrictions expressly set forth in this chapter, specifically pertaining to contracting pursuant to:

i.52:34-6.1, with a conforming product or service provider holding a current Federal supply schedule contract or other Federal procurement program contract having most favorable pricing, as described at 17:12-1A.5;

ii.N.J.S.A. 52:34-6.2, by participating in cooperative agreements formed with or by another state or states, or a political subdivision thereof or a political subdivision of New Jersey, or with or by a nationally recognized and accepted cooperative purchasing participant with which other states participate, as described at N.J.A.C. 17:12-1A.3 and 1A.4;

iii.30:6-23 et seq. and Executive Order No. 67 (2005), through the set-aside of select goods or services for exclusive access by using agencies from the designated Central Non-profit Agency to provide for meaningful employment of New Jersey citizens with special needs;

iv.30:4-95, through the set-aside of select goods or services for exclusive access by using agencies from the New Jersey Department of Corrections' DeptCor unit to provide opportunities for meaningful skills development and work habits of the institutionalized labor pool; or

v.52:34-8 et seq., when the subject matter and/or circumstance necessitates waiver of advertising procurements and upon written approval of the State Treasurer, as described at 17:12-1A.2(c).

(d) An agreement between one State agency and another State agency or quasi-State agency to meet the need for goods or services of one of the agencies, which need would otherwise be addressed through a procurement is not a procurement and need not adhere to procedures pertaining to the processes set forth above in (c) above.

(e) The Director may delegate to staff within the Division review and signatory authority for the approval and execution of specifications, award recommendations, contracts, and purchase orders for such amounts as the Director may establish from time to time and implement through the issuance of policy memoranda.

N.J. Admin. Code § 17:12-1.1

Amended by 51 N.J.R. 141(a), effective 1/22/2019