New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 1 - DESCRIPTION OF ORGANIZATION; MEANS OF PROCUREMENT › Section 17:12-1.1 - General course and method of operation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Division of Purchase and Property (Division), in and of the New Jersey
				Department of the Treasury, provides centralized procurement and related
				services to agencies of the Executive Branch of State government. Within its
				statutory framework, the primary mission of the Division is to procure, in a
				timely and effective manner, contracts for the goods and services necessary for
				the daily operation of State government. The Division includes the Procurement
				Bureau, the Contract Compliance and Audit Unit, and the Distribution and
				Support Services Unit. This chapter sets forth the rules that apply to the
				Division, State agencies and other public entities, and vendors participating
				in the State's procurement and contracting processes.
(b) The Director of the Division of Purchase
				and Property (Director) is charged with the responsibility for establishing
				contracts and issuing purchase orders, the cost of which is to be paid with
				State funds or funds in the State's custody and control, and occasionally those
				contracts involving no cost to the State or those generating revenue for the
				State. If the aggregate amount involved does not exceed the threshold
				established pursuant to
				N.J.S.A.
				52:34-7, any procurement or contract may be
				made, negotiated, or awarded by the Director without advertising, in any manner
				the Director may deem effective and practicable to permit full and free
				competition.
(c) When the aggregate
				amount exceeds the threshold established pursuant to
				N.J.S.A.
				52:34-7, the Division shall, as prescribed
				and/or practicable, use one of the following methods to procure the needed
				goods and/or services:
1. An advertised
				competitive bidding process that utilizes a Request for Proposal or Request for
				Qualifications and permits such full and free competition as is consistent with
				the procurement of goods and services necessary to meet the requirements of the
				using agency or agencies; or
2. A
				non-advertised procurement process in accordance with applicable statutes and
				with the requirements and restrictions expressly set forth in this chapter,
				specifically pertaining to contracting pursuant to:
i.
											52:34-6.1, with a conforming
				product or service provider holding a current Federal supply schedule contract
				or other Federal procurement program contract having most favorable pricing, as
				described at
				17:12-1A.5;
ii.
											N.J.S.A.
				52:34-6.2, by participating in cooperative
				agreements formed with or by another state or states, or a political
				subdivision thereof or a political subdivision of New Jersey, or with or by a
				nationally recognized and accepted cooperative purchasing participant with
				which other states participate, as described at
				N.J.A.C.
				17:12-1A.3 and 1A.4;
iii.
											30:6-23 et seq. and Executive
				Order No. 67 (2005), through the set-aside of select goods or services for
				exclusive access by using agencies from the designated Central Non-profit
				Agency to provide for meaningful employment of New Jersey citizens with special
				needs;
iv.
											30:4-95, through the set-aside of
				select goods or services for exclusive access by using agencies from the New
				Jersey Department of Corrections' DeptCor unit to provide opportunities for
				meaningful skills development and work habits of the institutionalized labor
				pool; or
v.
											52:34-8 et seq., when the subject
				matter and/or circumstance necessitates waiver of advertising procurements and
				upon written approval of the State Treasurer, as described at
				17:12-1A.2(c).