New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 44 - STATE COMPTROLLER › Subchapter 1 - OFFICE OF THE STATE COMPTROLLER › Section 17:44-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter,
				  shall have the following meanings unless the context clearly indicates
				  otherwise:
"Bid protest" means any written challenge to a contract
				  specification, to a bid for a contract or to a contract award.
"Contract" means an agreement supported by consideration and
				  enforceable at law. Examples include, but are not limited to: grants supported
				  by consideration, purchases of goods or services, leases, concession
				  agreements, agreements for sale, loan agreements, agreements with entities to
				  indemnify or insure, agreements to join certain shared service agreements
				  including joint insurance funds, brokerage agreements, land transactions
				  (excluding land condemnations), certain memoranda of understanding, purchase
				  orders and third party contracts.
"Contract partner" means any contractor, vendor, lessee or
				  lessor, buyer or seller, concessionaire, grantee or other party to a
				  contract.
"Contracting unit" means any entity subject to contract
				  review pursuant to
				  52:15C-10. Contracting units
				  include, but are not limited to: the principal departments in the Executive
				  Branch of State government, any independent State authority, commission,
				  instrumentality and agency and any State or county college or university and
				  any unit of local government including, but not limited to, a county,
				  municipality and board of education. The definition also includes any board,
				  commission, committee, authority or agency that such entities have created or
				  to which the entities have delegated any power to enter into contracts. For
				  example, if any covered entity has created a non-profit corporation that
				  exercises delegated powers to enter into a contract, the non-profit corporation
				  shall comply with these regulations when exercising delegated powers.
"Cooperative purchasing agreement" means the extension of a
				  contract entered into by a contracting unit for the use and benefit of other
				  contracting units, such as pursuant to
				  52:34-6.2 or
				  40A:11-11(6).
"Covered entity" means any entity subject to audit pursuant
				  to 52:15C-8 and includes, but is not
				  limited to: all units in the Executive Branch of State government and any
				  entity exercising executive branch authority, public institution of higher
				  education, independent State authority, unit of local government and board of
				  education.
"Emergency procurement" means a contract entered into under
				  an emergency condition that is a threat to public health, welfare or
				  safety.
"Evaluation committee" means those persons appointed to
				  evaluate the merits of a response to a solicitation for bid, request for
				  proposals (RFP), request for qualifications (RFQ), expression of interest (EOI)
				  or other competitive solicitation for a contract when the formation of such a
				  committee is required by the procurement process, by law, regulation, Executive
				  Order or internal operating procedure of the contracting unit.
"OSC" means the New Jersey Office of the State
				  Comptroller.
"Performance audit" means an audit conducted in accordance
				  with Generally Accepted Government Auditing Standards issued by the U.S.
				  Government Accountability Office to evaluate the performance and operations of
				  a covered entity, reduce costs and facilitate decision making by parties with
				  the responsibility to oversee or initiate corrective action.
"Procurement process" means any method used to obtain goods
				  or services, land, leaseholds or concessions and includes, but is not limited
				  to: bidding, competitive contracting, negotiations, request for proposals,
				  expressions of interest, request for qualifications, requests for offerings or
				  quotes.
"Proprietary" means goods or services of a specialized nature
				  that are protected by trademark, patent or copyright or made, produced or
				  distributed by one vendor or manufacturer. Specifications are proprietary if
				  they are restricted to a brand name product.
"Shall" denotes the imperative.
"Sole source provider contract" means a contract awarded for
				  goods or services when the provider is the only available source of the goods
				  or services.
"Third party contract" means a contract between two or more
				  parties, the performance of which is intended to benefit directly a third
				  party. Examples include Department of Human Services (DHS) contracts with a
				  vendor to provide services for non-employees of DHS eligible for those services
				  and Department of Corrections (DOC) contracts with a vendor to provide services
				  for prisoners in halfway houses.