N.J. Admin. Code § 5:34-7.30

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

Section 5:34-7.30 - Application of N.J.S.A 40A:11-5(4) or 18A:18A-5.e: purchases at 10 percent less than State contract price

(a) In applying the provisions of 40A:11-5(4) or 18A:18A-5.e, the purpose of purchasing identical materials, supplies, or equipment, in the same quantities, under a State contract without public bidding, the following conditions shall apply. For the purpose of this section, the term contract item shall mean the item being purchased that is the identical material, supply, or equipment.

1. Quotations for the contract item shall not be received from any vendor to whom the State contract has been awarded and where such vendor has agreed to extend the contract pricing for the item to local contracting units pursuant to 52:25-16.1.

2. When a State contract includes different prices based on the quantity or volume purchased, the contracting unit shall base its quotations on identical quantities or volume levels.

3. Terms and conditions of the State contract, as found in the Notice of Award related to length of contract, warranty, delivery, and spotting terms, supply, costs, payment terms, installation, and other related items (except bonding and indemnification provisions) are met by the vendor providing the quotation.

4. If the specification for a contract item in a Notice of Award includes a specific manufacturer's brand and model number, quotations shall be based on the same manufacturer's brand and model number.

5. If the specification for a contract item in a Notice of Award for the contract item is based on a performance specification, the contracting agent may receive quotations reflecting different manufacturer's brand and models, and when making the contract award, the contracting agent shall certify in writing that the item being purchased is identical to or exceeds the specification of the contract item.

6. Only those options or alternatives that are provided for in a Notice of Award may be purchased by a contracting unit. The addition of non-included options or alternates as a part of a contract award under this section is prohibited.

N.J. Admin. Code § 5:34-7.30

New Rule, R.2000 d.485, effective 12/4/2000.
See: 32 N.J.R. 3237(a), 32 N.J.R. 4300(a).
Amended by R.2013 d.123, effective 9/13/2013.
See: 45 N.J.R. 1205(a), 45 N.J.R. 2203(a).
Section was "Application of N.J.S.A. 40A:11-5(4) or 18A:18A-5e: purchases at 10 percent less than State contract price". In the introductory paragraph of (a), substituted "5.e" for "5e", inserted a comma following "supplies" and following "supply"; in (a)2, substituted "base its quotations on identical quantities" for "be based on quotations for identical quantity"; and in (a)3, inserted a comma following "delivery" and following "installation", and substituted "bonding" for "boding".