N.J. Admin. Code § 5:34-7.9

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

Section 5:34-7.9 - Cooperative pricing system or joint purchasing system administrative responsibilities

(a) Upon approval of system registration and annually thereafter either on the anniversary of the registration of the system or in January of each succeeding year, the lead agency shall publish in its official newspaper a notice similar in content to the following:

Notice of Cooperative Purchasing

(Name of lead agency) acts as lead agency in a cooperative purchasing agreement in cooperation with (list number) registered members. Under this system, the (name of lead agency) solicits competitive bids for certain items purchased by registered members. This is a (specify, joint purchasing system or cooperative pricing system) as defined and regulated by N.J.A.C. 5:34-7. Interested citizens or vendors may obtain information regarding the manner of operation of this system by contacting (name, address and phone number of lead agency). System Identifier ......., approved by the New Jersey Division of Local Government Services through (expiration date of the system).

(b) Prior to the advertisement for bids, a registered member may request a review copy of the bid specifications.

(c) Before seeking bids, the lead agency shall obtain from the registered members:

1. In the case of a joint purchasing system, the exact quantity of goods to be provided or services to be performed that the lead agency shall purchase for the registered members.

2. In the case of a cooperative pricing system, the estimated quantities that each registered member proposes to contract for during the life of the master contract.

(d) The lead agency of a joint purchasing system shall disclose in the specifications, the quantities and details of delivery required.

(e) The lead agency of a cooperative pricing system shall include in the specifications lead agency requirements, stated in definite quantities; and registered member requirements, stated as individual estimated needs.

1. The specification shall list the registered members who have submitted estimates, their delivery address, their estimated maximum quantities and other relevant information to permit the bidder to understand what is potentially involved.

(f) The lead agency in a joint purchasing system and the individual registered members in a cooperative pricing system shall be responsible for compliance with the change order requirements of N.J.A.C. 5:34-4.

(g) Each registered member may, by resolution, provide for and authorize payment in advance for estimated administrative costs to be paid to the lead agency for a joint purchasing or cooperative pricing system. Such administrative costs shall be budgeted by the lead agency as a Special Item of Revenue offset with appropriations.

(h) No contract shall be made by any registered member for a price which exceeds any other price available to the registered member.

N.J. Admin. Code § 5:34-7.9

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. 5:34-7.12 and amended by R.2000 d.485, effective 12/4/2000.
See: 32 New Jersey Register 3237(a), 32 New Jersey Register 4300(a).
In (a), substituted a reference to system identifiers for a reference to system numbers; rewrote (b); in (c)1, substituted "goods to be provided or services to be performed" for "items" following "quantity of"; in (g), deleted "Pursuant to the provisions of N.J.S.A. 40A:5-16.3," at the beginning; and in (h), deleted "purchase or" following "No".