reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 6 - EMERGENCY PURCHASES AND CONTRACTS › Section 5:34-6.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The use of emergency
				purchasing pursuant to
				40A:11-6 or
				18A:18A-7 shall be subject to the
				following requirements:
1. An actual or imminent
				emergency must exist requiring the immediate delivery of the goods or the
				performance of the service;
2. As soon
				as reasonably possible, but within three days of declaring the emergency, the chief
				school administrator of a board of education shall notify the superintendent of
				education for the county of the nature of the emergency and the estimated needs for
				goods and services necessary to respond to it;
3. The emergency purchasing procedure may not be
				used unless the need for the goods or services could not have been reasonably
				foreseen or the need for such goods or services has arisen notwithstanding a good
				faith effort on the part of the contracting unit to plan for the purchase of any
				goods or services required by the contracting unit;
4. The contract shall be of such limited duration
				as to meet only the immediate needs of the emergency; and
5. Under no circumstances shall the emergency
				purchasing procedure be used to enter into a multi-year contract.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 7 - COOPERATIVE PURCHASING › Section 5:34-7.1 - Applicability and authority

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in this
				subchapter shall be known as the Cooperative Purchasing Rules.
(b) These rules shall apply to all contracting
				units.
(c) This subchapter is adopted
				under the authority of
				P.L.
				1999, c. 440 (40A:11-11 ).
(d) Copies of all cooperative purchasing forms are
				available from the Division of Local Government Services at PO Box 803, Trenton, New
				Jersey 08625-0803 or at the Division's website at
http://www.nj.gov/dca/divisions/dlgs/programs/lpcl.html
.
(e) When the lead agency of a cooperative pricing
				system, joint purchasing system or regional cooperative pricing system established
				and properly registered with the Division is a board of education or educational
				service commission the provision and performance of goods and services shall be
				conducted pursuant to the Public School Contracts Law (18A:18A-1 et seq.). All other lead
				agencies shall follow the Local Public Contracts Law (40A:11-1 et seq.).
(f) Boards of education as defined in
				18A:18A-2 that pursue joint purchasing
				as described in
				18A:18A-11 shall be subject to the
				rules set forth in this subchapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 7 - COOPERATIVE PURCHASING › Section 5:34-7.3 - Cooperative pricing system or joint purchasing system creation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Two or more
				contracting units may join together to form a cooperative pricing system or a joint
				purchasing system for the provision and performance of goods and services.
(b) The contracting unit designated as the lead
				agency shall authorize the creation of the system by resolution. The authorizing
				resolution shall identify the system established as either a joint purchasing system
				or a cooperative pricing system.
(c)
				Motions made, carried, and recorded in the written minutes of a business meeting of
				a board of education shall be considered to be the same as a resolution.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 7 - COOPERATIVE PURCHASING › Section 5:34-7.4 - Cooperative pricing system or joint purchasing system formal agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A cooperative
				pricing system or joint purchasing system shall be based on a formal agreement
				entered into between the lead agency and each contracting unit. Each agreement shall
				be authorized by resolution.
(b) At a
				minimum, the formal agreement shall include the following:
1. Reference to the authorizing statute;
2. Identification of the type of purchasing
				system;
3. Description of the items of
				the goods and services to be purchased;
4. The manner of advertising for bids and of
				awarding contracts;
5. Clear and
				specific assignment of responsibilities, duties and rights of all contracting
				units;
6. Provision for any sharing of
				administrative costs and/or payment for goods and services purchased, together with
				any necessary standards of performance;
7. Length of the agreement not to exceed 5 years
				pursuant to 5:34-7.5(f);
8. The name of the lead agency for the system:
i. As an option, the responsibility of serving as
				lead agency may rotate, at the most once a year, among the registered members.
				Provision for this rotation shall be included in the agreement;
ii. Rotation of lead agency responsibilities among
				registered members shall not invalidate contracts or purchase orders with
				contractors that are in effect at the time of rotation;
iii. The Director shall be notified in writing
				within 30 days of any change in the lead agency; and
9. A requirement that the system identifier shall
				appear on all documentation related to purchases made through the system, including
				bidding documents, purchase orders, vouchers, contracts and records.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 7 - COOPERATIVE PURCHASING › Section 5:34-7.5 - Cooperative pricing system or joint purchasing system registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A cooperative
				pricing system or joint purchasing system shall be subject to registration with and
				approval by the Director.
(b) The lead
				agency of a proposed system shall apply to the Director on behalf of the system's
				participating contracting units.
(c)
				Applications shall be made on Form CP-2001.
(d) The Director shall act upon the application
				within the time provided for review pursuant to
				5:34-7.28.
(e) In reviewing the application, the Director
				shall utilize the following criteria, as established by
				40A:11-11:
1. Provision for maintaining adequate records and
				orderly procedures to facilitate audit and efficient administration;
2. Adequacy of public disclosure of such actions
				as are taken by the participants;
3.
				Adequacy of procedures to facilitate compliance with all provisions of the Local
				Public Contracts Law, Public School Contracts Law and corresponding rules;
				and
4. Clarity of provisions to assure
				that the responsibilities of the respective parties are understood.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 7 - COOPERATIVE PURCHASING › Section 5:34-7.6 - Cooperative pricing system or joint purchasing system membership registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A contracting unit
				may apply for membership in an approved cooperative purchasing system by passage of
				a resolution and executing a formal agreement with the lead agency.
(b) The lead agency shall apply to the Director
				for approval on behalf of the proposed new member on Form CP-2001.
(c) The Director shall act upon the application
				within the time provided for review pursuant to
				5:34-7.28.
(d) Participation in the system for all registered
				members terminates on the system expiration date assigned by the Director.
(e) The lead agency shall notify the Director in
				writing within five days of the withdrawal of any registered member from an approved
				cooperative purchasing system.
(f) A
				registered member which has formally terminated its participation in an approved
				cooperative purchasing system, may renew its membership by following the procedure
				defined in this section.
(g) A
				registered member of a cooperative purchasing system shall retain membership in a
				system until the member formally withdraws from participation or the system is
				dissolved.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 7 - COOPERATIVE PURCHASING › Section 5:34-7.7 - Cooperative pricing system or joint purchasing system identifier

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director shall
				assign an alpha-numeric system identifier to each cooperative pricing system or
				joint purchasing system at the time of its approval.
(b) The system identifier shall be included on all
				bidding documents, purchase orders, vouchers, contracts and records relating to the
				operations of the approved cooperative purchasing system.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 7 - COOPERATIVE PURCHASING › Section 5:34-7.8 - Cooperative pricing system or joint purchasing system renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Documents requesting
				the renewal of the registration of a cooperative pricing system or joint purchasing
				system shall be submitted to the Director for review and approval prior to the date
				set by the Director for the expiration of the system's registration.
(b) The lead agency shall authorize the renewal of
				the system by resolution.
(c) The lead
				agency shall apply to the Director on behalf of its membership for system renewal
				for a period not to exceed five years.
(d) The renewal application package shall at a
				minimum include the following:
1. Form
				CP-2001;
2. Lead agency resolution
				reauthorizing the system; and
3. A list
				of the current membership of the System.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 7 - COOPERATIVE PURCHASING › Section 5:34-7.9 - Cooperative pricing system or joint purchasing system administrative responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
(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.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 7 - COOPERATIVE PURCHASING › Section 5:34-7.10 - Cooperative purchasing system requirement for bids

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each request for
				bids shall contain the following:
1. Language
				requiring uniform bid price(s) for both the lead agency and registered members. A
				provision with respect to the registered members shall be included substantially as
				follows:
REQUIREMENTS OF REGISTERED MEMBERS
[] Check here if willing to provide the goods or services herein
				  bid upon to registered members of the (System Name and System Identifier) who have
				  submitted estimates, without substitution or deviation from specifications, size,
				  features, quality, price or availability as herein set forth. It is understood that
				  orders will be placed directly by the registered members identified herein by
				  separate contract, subject to the overall terms of the master contract to be awarded
				  by the (name of the lead agency), and that no additional service or delivery charges
				  will be allowed except as permitted by these specifications.
[] Check here if not willing to extend prices to registered
				  members of the (System Name and System Identifier) who have submitted estimates as
				  described above. It is understood that this will not adversely affect consideration
				  of this bid with respect to the needs of (name of the lead agency).
2. A statement as to the procedure to be followed
				in the event that the lowest responsible bidder, in the bid document, declines to
				extend prices to the registered members who submitted estimates. Examples of such
				procedures include:
i. The contract for the stated
				needs of the lead agency will be awarded to the lowest responsible bidder, and new
				bids will be sought and a master contract subsequently awarded with respect to the
				needs of the registered members who have submitted estimates;
ii. The contract for the needs of the lead agency
				will be awarded to the lowest responsible bidder, and a master contract for the
				registered members who have submitted estimates will be awarded to the next lowest
				bidder whose bid agrees to extend prices; or
iii. The contract for the needs of the lead agency
				will be awarded, all other bids shall be rejected and no further bids will be sought
				by the lead agency on behalf of the registered members who have submitted estimates.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 7 - COOPERATIVE PURCHASING › Section 5:34-7.11 - Cooperative pricing system financial and contractual details

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The lead agency
				shall certify the funds available for its own needs.
(b) The master contract executed shall provide for
				the following:
1. The quantities ordered for the
				lead agency's own needs; and
2. The
				estimated aggregate quantities to be ordered by the registered members who submitted
				estimates, subject to the specifications and prices set forth in the master
				contract.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 7 - COOPERATIVE PURCHASING › Section 5:34-7.12 - Cooperative pricing system use of pre-existing contracts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A registered member
				of a cooperative pricing system which has not submitted estimates to the lead agency
				before the advertisement for bids may participate in the resulting contract for that
				particular item only with the prior written approval of the lead agency and the
				contractor.
(b) A contracting unit which
				is not a registered member of a cooperative pricing system at the time of the
				awarding of a contract may participate in the contract once it has become a
				registered member of the system and has received the written approval of the lead
				agency and the contractor.
(c) This
				section shall not apply to joint purchasing systems.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 7 - COOPERATIVE PURCHASING › Section 5:34-7.13 - Regional cooperative pricing system

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Two or more
				registered cooperative pricing systems may join together for the provision and
				performance of goods and services, including the purchasing of energy. The
				registered membership of each individual cooperative pricing system shall be deemed
				to be a member of the regional cooperative pricing system upon submission to the
				Director a list of the membership of each system comprising the regional cooperative
				pricing system.
(b) Registration of a
				regional cooperative pricing system shall be pursuant to the requirements set forth
				in 5:34-7.5.
(c) When a municipality which has aggregated its
				residents or business customers for gas supply service or electric generation
				service becomes a member of a regional cooperative pricing system for the purpose of
				purchasing energy, it shall simultaneously notify the lead agency of the cooperative
				pricing system of which it is a member and the lead agency of the regional
				cooperative pricing system of the participation of its residential or business
				customers and their respective energy supply demands.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 7 - COOPERATIVE PURCHASING › Section 5:34-7.15 - Commodity resale system registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A contracting unit
				which purchases gasoline, diesel fuel or snow removal chemicals, public works
				materials and supplies, including road and roadway construction materials or any
				other such materials as may be approved by the Director directly from a vendor for
				its own consumption, may resell a portion of that commodity to another local
				contracting unit.
(b) All commodity
				resale systems shall be subject to an initial registration with and approval by the
				Director. In reviewing the application, the Director shall utilize the criteria set
				forth in 5:34-7.5(e).
(c) Approval shall be for a period not to exceed
				five years.
(d) The lead agency of the
				proposed system shall apply to the Director on behalf of the other participating
				unit(s).
(e) Application shall be made
				on Form CP-2060.
(f) The lead agency
				shall authorize the creation of the resale system by resolution.
(g) The lead agency acting on behalf of itself and
				any participating contracting unit shall at the time of initial system registration
				or when a new member is added to the system, submit to the Director a copy of the
				purchase agreement or contract between the units and all confirming
				resolutions.
(h) The Director shall act
				upon the application pursuant to
				5:34-7.10.
(i) Any change in the status of the system, the
				addition or deletion of a member or commodity, shall be submitted by the lead agency
				to the Director on Form CP-2060.
(j) The
				Director shall be notified in writing by the lead agency within 10 days of any
				change in the status of the commodity resale system.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 7 - COOPERATIVE PURCHASING › Section 5:34-7.16 - Commodity resale system renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Documents requesting
				the renewal of the registration of a commodity resale system shall be submitted to
				the Director for review and approval 45 days prior to the date set by the Director
				for the expiration of the system's registration.
(b) The lead agency shall apply to the Director
				for renewal of the Commodity Resale System for a period not to exceed five
				years.
(c) The renewal package shall
				include the following:
1. Form CP-2060;
2. The lead agency resolution reauthorizing the
				system; and
3. A list of the current
				membership of the system.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 7 - COOPERATIVE PURCHASING › Section 5:34-7.17 - Accounting requirements for commodity resale systems

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The accounting
				requirements set forth in this section shall apply only to contracting units subject
				to the requirements of the Local Public Contracts Law (40A:11-1 et seq.). Boards of education
				shall be subject to the financial and contractual details set forth in the Public
				School Contracts Law (N.J.S.A. 18A:18A-1.1 et seq.) and the administrative
				requirements contained in N.J.A.C. 6A:23A.
(b) Expenditure of lead agency funds applicable to
				its own use of the commodity shall be charged to current fund appropriations in its
				annual budget.
(c) The lead agency shall
				request approval of the Director for a Dedication by Rider pursuant to
				40A:4-39, entitled "Receipts from
				Other Agencies participating in the (Name of System) Commodity Resale System, System
				Identifier." In order to meet the statutory requirement that expenditures under a
				Rider may be made only in accordance with the availability of funds, the following
				steps shall be taken:
1. The authorized
				contracting agent of each registered member shall issue a purchase order to the lead
				agency, together with a copy of its certification of available funds, and resolution
				of the governing body if projected expenditures exceed the statutory bid
				threshold;
2. The lead agency, at agreed
				upon intervals, shall submit to the participating members of the system an invoice
				for the amount of the commodity consumed. Payments to the lead agency shall be made
				by appropriation in the annual budget; and
3. Funds received by the lead agency from
				registered members shall be:
i. Placed in a bank
				account established by Rider and held in trust; and
ii. Used only for the payment or purchase of the
				resale commodity consumed.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 7 - COOPERATIVE PURCHASING › Section 5:34-7.18 - Energy aggregation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A municipality may
				provide energy supply to residents and businesses situated within its territorial
				boundaries.
(b) A county government may
				enter into a contract for a government energy aggregation program only if one or
				more constituent municipalities in the county adopt an ordinance authorizing the
				county to enter into such a contract.
(c) A county government energy aggregation program
				shall only be conducted for residential and business customers located within the
				constituent municipalities that have approved participation in the county's
				government aggregation program.
(d) Only
				counties and municipalities acting pursuant to the conditions set forth in this
				chapter may aggregate residential and business customers for gas supply or for
				electric generation services.
(e) A
				cooperative pricing system undertaking energy aggregation in which the lead agency
				is not a county or municipality and the membership includes a mix of local
				contracting units including municipalities and counties, shall not include
				municipalities and counties who seek to provide energy to residents and
				businesses.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 7 - COOPERATIVE PURCHASING › Section 5:34-7.19 - Cooperative purchasing of energy

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Two or more
				contracting units may join together to form a cooperative pricing system for the
				sole specific purpose of purchasing energy, or an existing registered cooperative
				purchasing system may add energy as a commodity to be purchased, pursuant to the
				Electric Discount and Energy Competition Act (
				P.L.
				1999, c. 23 ) and the
				Interim Government Energy Aggregation Program Standards promulgated by the Board of
				Public Utilities.
(b) The purchase of
				energy shall be subject to the terms and conditions of the bid specifications and a
				master contract. The specifications shall be drafted pursuant to Section 4.1a and
				4.1b, Bidding Specifications of the Interim Government Energy Aggregation Program
				Standards promulgated by the Board of Public Utilities.
(c) Take and pay contracts for the purchase of
				energy where the government aggregator commits to pay for a certain amount of
				energy, whether or not the energy is actually received or used by the government
				aggregator or participants in a cooperative pricing system are specifically
				prohibited.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 7 - COOPERATIVE PURCHASING › Section 5:34-7.20 - Binding estimate option

Current through Register Vol. 56, No. 14, July 15, 2024
Notwithstanding any of the restrictions or conditions set forth
				  in this chapter, the lead agency of a cooperative purchasing system shall determine
				  prior to the solicitation of bids whether the estimates submitted by a duly
				  registered member of the system shall be considered firm and binding or a member may
				  withdraw its estimate even after a supplier has been selected. The mechanism for
				  determining systemwide consensus shall be the responsibility of the lead
				  agency.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 7 - COOPERATIVE PURCHASING › Section 5:34-7.21 - County cooperative contract purchasing system creation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Only a county may
				establish a county cooperative contract purchasing system. The county, at it
				discretion and with the approval of the vendor, may permit contracting units located
				within the county's geographic boundaries to procure the provision and performance
				of goods and services for their own needs, subject to the specifications, terms and
				conditions set forth in the contract awarded by the county.
(b) A county shall authorize the establishment of
				a county cooperative contract purchasing system by resolution.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 7 - COOPERATIVE PURCHASING › Section 5:34-7.22 - County cooperative contract purchasing system registration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A county cooperative
				contract purchasing system shall be subject to registration with and approval by the
				Director.
(b) Application for
				registration shall be made on CCCP-1917.
(c) The Director shall act upon the application
				within the time provided for review pursuant to
				5:34-7.28.
(d) In reviewing the application, the Director
				shall utilize the following criteria, as established by
				40A:11-11(5):
1. Provision for maintaining adequate records and
				orderly procedures to facilitate audit and efficient administration;
2. Adequacy of public disclosure of such actions
				taken by the lead agency;
3. Adequacy of
				procedures to facilitate compliance with all provisions of the Local Public
				Contracts Law and corresponding rules; and
4. Clarity of provision to assure that the
				responsibilities of the respective parties are understood.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 7 - COOPERATIVE PURCHASING › Section 5:34-7.23 - County cooperative contract purchasing system identifier

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director shall
				assign a system identifier to each county cooperative contract purchasing system at
				the time of its approval.
(b) The
				identifier shall be included on all contracts, purchase orders, bidding documents,
				vouchers and records relating to the operations of the county cooperative contract
				purchasing system.
(c) The identifier
				shall be provided to each local contracting unit purchasing under the terms and
				conditions of a contract awarded by the county as a county cooperative contract
				purchasing system. The participating contracting units shall include the system
				identifier on all contracts, purchase orders, documents, vouchers and records
				relating to the purchases made through a county cooperative contract purchasing
				system.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 7 - COOPERATIVE PURCHASING › Section 5:34-7.24 - County cooperative contract purchasing system administrative responsibilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon approval of a
				county cooperative contract purchasing 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 County Cooperative Contract Purchasing System
The County of (name of county) acts as lead agency in a county
				  cooperative contract purchasing system. Under this system, the County solicits
				  competitive bids for certain items to be purchased. Local contracting units within
				  the county may purchase under the terms and conditions of selected contracts awarded
				  by the County without the necessity of securing formal bids. This is a county
				  cooperative contract purchasing 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 system
				  contact). The System Name Is ....... The System Identifier is: ....... The Systems'
				  establishment was approved by the Director of the Division of Local Government
				  Services and has an expiration date of (expiration date).
(b) The county shall make the contract number
				available to any contracting unit within the county which seeks to purchase under
				the terms of a contract awarded by the county.
(c) A county managing a county cooperative
				contract purchasing system shall include in the specifications the county's own
				requirements, stated in definite quantities. The county shall identify the
				contracting units which may purchase under the terms of the contract if
				awarded.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 7 - COOPERATIVE PURCHASING › Section 5:34-7.25 - County cooperative contract purchasing system county requirement for bids

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each request for
				bids to be included in the county cooperative contract purchasing system by the
				county shall contain the following:
1. Language
				requiring uniform bid price(s) for both the county and those contracting units
				located within the county's geographic boundaries. A provision with respect to the
				registered members shall be included substantially as follows:
ACCOMODATION OF LOCAL CONTRACTING UNITS WITHIN THE COUNTY OF (Name
				  of County)
[] Check here if willing to provide the goods and services herein
				  bid upon to local governmental contracting units located within the County of
				  (insert name of county) (System Name and Identifier) without substitution or
				  deviation from specifications, size features, quality, price or availability as
				  herein set forth. It is understood that orders will be placed directly by the
				  contracting units, subject to the overall terms of the contract to be awarded by the
				  County of (name of the county), and that no additional service or delivery charges
				  will be allowed except as permitted by these specifications.
[] Check here if not willing to extend prices to contracting units
				  located in the County of (name of county) affect consideration of this bid with
				  respect to the needs of (name of the lead agency).
2. A statement as to the procedure to be followed
				in the event that the lowest responsible bidder declines to extend prices to the
				contracting units located within the county's geographic boundaries. The contract
				for the stated needs of the county will be awarded to the lowest responsible bidder,
				and specifically not made available to contracting units within the
				county.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 7 - COOPERATIVE PURCHASING › Section 5:34-7.26 - County cooperative contract purchasing system renewal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Documents requesting
				the renewal of the registration of a county cooperative contract purchasing system
				shall be submitted to the Director for review and approval prior to the date set by
				the Director for the expiration of the system's registration.
(b) The county shall authorize the renewal of the
				system by resolution.
(c) The county
				shall apply to the Director for system renewal for a period not to exceed five
				years.
(d) The renewal application
				package shall at a minimum include the following:
1. Form CCCP-1917; and
2. County resolution reauthorizing the
				system.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 7 - COOPERATIVE PURCHASING › Section 5:34-7.27 - Member reports

Current through Register Vol. 56, No. 14, July 15, 2024
At the discretion of the lead agency for a cooperative purchasing
				  system, county cooperative contract purchasing system and any energy cooperative
				  pricing system, participants shall file such reports, forms or documents designated
				  by the lead agency, setting forth the use and expenditures related to contracts
				  executed by the participants of the cooperative purchasing system. Such reports may
				  be used to track and evaluate the utilization of the contracts executed by the lead
				  agency on behalf of the participants.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 7 - COOPERATIVE PURCHASING › Section 5:34-7.28 - Time for review-all systems

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director shall
				approve or reject all applications within 45 days.
(b) The 45 day review period shall commence only
				upon the determination by the Director that the application is complete.
(c) Failure of the Director to act upon an
				application within 45 days shall constitute a default approval of the application
				for a period of five years or in the case of new membership, until the date
				previously approved by the Director for the termination of system registration
				pursuant to 5:34-7.5(f).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 7 - COOPERATIVE PURCHASING › Section 5:34-7.29 - The State of New Jersey's cooperative purchasing program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The system
				identifier of 1 NJCP shall represent the State of New Jersey Cooperative Purchasing
				Program administered by the Division of Purchase and Property within the Department
				of the Treasury. This identifier shall be used by all contracting units purchasing
				under the Division of Purchase and Property's Cooperative Purchasing
				Program.
(b) Participation in the State
				Cooperative Purchasing (Pricing) Program does not require a formal agreement with
				the Division of Purchase and Property, nor is approval of the Director
				required.
(c) Contracts awarded under a
				State Cooperative Purchasing contract that are in excess of the contracting units
				bid threshold shall be made by resolution of the governing body. A resolution of the
				governing body shall not be required for State Cooperative Purchasing contracts for
				textbooks or other educational material that were previously approved by a board of
				education as part of the board's adopted curriculum policies.
(d) The terms and conditions of the contracts
				awarded by the State Division of Purchase and Property shall be binding upon the
				contracting unit and the vendor. When using a State contract, contracting units are
				not entitled to any bonding or indemnification protection that is provided to the
				State unless specifically extended to the contracting unit by the vendor. A vendor
				is not required to extend such protections, but may do so upon agreement with the
				contracting unit.
(e) A correctly
				prepared and properly executed purchase order by a contracting unit shall serve as a
				contract between the contracting unit and a contractor awarded a contract pursuant
				to 40A:11-12 or
				18A:18A-10. In addition to the system
				identifier, each purchase order shall include the State contract number on which the
				purchase is based.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 7 - COOPERATIVE PURCHASING › 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

Current through Register Vol. 56, No. 14, July 15, 2024
(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.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 7 - COOPERATIVE PURCHASING › Section 5:34-7.31 - Authority of Director

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director shall
				take whatever additional action deemed advisable to assure the orderly conduct of
				cooperative purchasing systems in accordance with sound financial administration in
				accordance with statutory responsibilities.
(b) The Director shall prepare such guidelines as
				determined necessary to assist contracting units in the creation and administration
				of cooperative purchasing systems.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 7 - COOPERATIVE PURCHASING › Section 5:34-7.32 - Enforcement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All cooperative
				purchasing systems shall comply with the provisions of these rules at all times. The
				lead agency of any cooperative purchasing system deemed by the Director to be in
				noncompliance shall be notified by certified mail. The lead agency shall explain in
				writing within 10 working days the steps being taken to correct the noncompliance.
				Failure of the lead agency to respond within the time provided shall result in the
				notification to the lead agency by the Director by certified mail to appear before
				the Director, or his or her designee. Notice shall be given at least 10 working days
				prior to the date of appearance and shall detail the nature of the alleged
				noncompliance. Failure to appear may result in the suspension or termination of the
				registration of the system.
(b) No later
				than five days after an appearance required herein, the Director shall issue a
				written determination on the issue of regulatory compliance. A copy of the
				determination shall be forwarded by certified mail to the lead agency.
(c) A determination of noncompliance shall result
				in the immediate commencement of a 15 day grace period. During this time, the lead
				agency shall rectify all items of noncompliance, to the satisfaction of the
				Director.
(d) Failure of the lead agency
				to undertake such action as required by the Director to resolve the issue of
				noncompliance may result in the suspension or termination of the registration of the
				system.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 8 - CONTRACTS SUBJECT TO PUBLIC BIDDING › Section 5:34-8.1 - Multi-year contracts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All multi-year
				contracts, including all multi-year leases and multi-year leases with option to
				purchase which are authorized under
				40A:11-15(7),
				40A:11-15(15)  or
				18A:18A-42(f), and
				other multi-year contracts subject to
				40A:11-15 and
				18A:18A-42 for the procurement of
				goods or services shall be subject to competitive bidding if the cumulative amount
				to be expended during the duration of the multi-year lease or contract exceeds the
				threshold for competitive bidding for the contracting unit.
(b) Pursuant to the provisions of
				40A:11-15 or
				18A:18A-42, a contract award that was
				based upon receipt of quotations shall not be extended if the total value of the
				contract exceeds the bid threshold, which includes the original award plus any
				extension.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 8 - CONTRACTS SUBJECT TO PUBLIC BIDDING › Section 5:34-8.3 - When determinations of aggregation are found to be incorrect

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In each instance of
				(a)1 and 2 below, the amount required to be procured, is hereinafter defined to be
				the "remaining amount." This section shall affect determinations of aggregation
				pursuant to 40A:11-3,
				40A:11-4 and
				40A:11-7, and as set forth in
				18A:18A-3,
				18A:18A-4, and
				18A:18A-8, and is adopted pursuant to
				40A:11-7.1 and
				18A:18A-8.1 when:
1. Initial estimates of goods or services needed
				during the contract year are incorrectly anticipated to be less than the bid
				threshold; or
2. Initial estimates of
				goods or services needed during the contract year that had been exempt from public
				bidding are later found to be incorrect.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 8 - CONTRACTS SUBJECT TO PUBLIC BIDDING › Section 5:34-8.4 - Intentional miscalculations to avoid public bidding

Current through Register Vol. 56, No. 14, July 15, 2024
Under no circumstance shall a contracting unit avoid bidding by
				  knowingly miscalculating estimates, taking advantage of differences between contract
				  year and fiscal year, or using another mechanism or artifice intended to
				  intentionally avoid public bidding.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 8 - CONTRACTS SUBJECT TO PUBLIC BIDDING › Section 5:34-8.5 - Bid opening during public health emergency

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Bidders and the
				general public may be prohibited from physically attending a bid opening if, during
				a state of emergency declared by the Governor for public health reasons, the
				emergency reasonably prevents the local unit from accommodating in-person
				attendance. In the event the contracting unit cannot accommodate in-person
				attendance at a bid opening for public health reasons during a state of emergency
				declared by the Governor, the contracting unit must broadcast the bid opening live
				from the contracting unit's facilities. Another local unit's facilities may be used
				for the bid opening in the event that the local unit cannot use its facilities for
				conducting the bid opening.
(b) The
				advertisement for bids must include explicit instructions on how the public can
				remotely access the opening, along with a statement that in-person attendance is
				prohibited due to public health-related restrictions on public gatherings due to a
				declared state of emergency.
(c) The
				contracting unit shall use web-conference call or online livestreaming technology
				with both video and audio capability, with the video showing sufficient scope and
				coverage so that the official opening the bids can be clearly seen to be opening
				only the bids timely submitted.
(d) At
				the opening, the title of the bid must be clearly announced. If the contracting unit
				has solicited paper-based bids, the contracting unit shall display each sealed bid
				package, back and front, for the camera prior to opening the bid. The contents of
				each bid package shall be read aloud upon opening, including the price(s) and
				noting, at a minimum, the presence of any documents required to be part of the bid
				submission.
(e) After the close of the
				bid opening, at a minimum, the bid package of the apparent low bidder shall be fully
				scanned and posted to the contracting unit's website. In cases where there is no
				single low bidder, but many low bidders due to the method of award by individual
				items, all bids should be scanned and posted to the website. Instructions should be
				provided to all bidders with the full web address where the bid results can be
				found.