New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 99 - REHABILITATION FACILITIES SET-ASIDE ACT RULES › Subchapter 2 - COMMODITIES AND SERVICES COUNCIL CSC FOR THE BLIND AND OTHER PERSONS WITH SEVERE DISABILITIES › Section 10:99-2.4 - Contract selling price

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The contract
				sales price of a commodity item or service approved by CSC shall equal fair
				market price (FMP) plus the administrative/management fee payable to CNA and
				any approved payment to the CRP in excess of the FMP.
(b) Fair market price (FMP) shall be
				developed and determined in accordance with the following procedures:
1. CNA shall solicit proposals from CRPs to
				place commodity items or services on the State set-aside contract. CNA shall
				review proposals received for feasibility and the CRPs capability to
				perform.
2. In the event CNA
				approves a CRPs proposal, CNA shall solicit the Division of Purchase and
				Property's (Division) approval of the proposal. Such CNA solicitation shall
				include the following: documentation establishing that no State contract exists
				with respect to the commodity item or service; documentation evidencing the
				need by State agencies for the commodity item or service; examples of such
				documentation may include prior contract usage or a request from the using
				agency; CNA certification of the ability of the CRP to successfully provide the
				commodity item or service; and documentation justifying the FMP proposed for
				the commodity or service. Within two to three weeks of the CNA solicitation,
				the Division will present its request for any additional, relevant, information
				necessary for timely review of the solicitation.
3. FMP means a recent competitive bid or
				negotiated price at which a vendor of the same or similar commodity item or
				service, who is regularly engaged in the business of selling such commodity
				item or service, offers to sell such commodity items or service under similar
				terms in the same market. Included in FMP are the CRPs costs of production
				(overhead, labor and materials) and distribution. The FMP shall be the basis
				for establishing a CRP approved price.
4. In its review of the CRP approved price
				proposed for a commodity item or service, the Division may consider, if
				applicable, pricing for the same or similar commodity or service received in
				the most recent competitive solicitation for the same or similar commodity item
				or service, offered under similar conditions. The Division may also research,
				for comparison purposes, private sector pricing for the same or similar
				commodity item or service, offered under similar conditions. The Division's FMP
				analysis shall consider product specifications, quality requirements, current
				market condition, lead-time, production volumes and anticipated order
				quantities. The Division shall conduct all studies and analysis within two to
				three weeks of final document submission by CNA and notify CNA of its
				decision.
5. Upon the Division's
				response to CNA's request, CNA shall submit the proposal to CSC for
				consideration. Such submission shall include evidence of the Division's
				position with respect to the proposal.