New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 16:72-1.5 - Methods of procurement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Invitation for
				Bid: Except as provided in (c) and (d) below, the formal advertising procedures
				contained in N.J.A.C. 16:72-2shall be followed for all purchases or contracts
				in excess of the amounts determined pursuant to Section 2 of P.L. 1954, c. 48
				(N.J.S.A.
				52:34-7) in which an award is made on the
				basis of cost, no negotiations are necessary with the bidders, and a firm-fixed
				priced contract is appropriate.
(b)
				Quotation: Purchases or contracts not in excess of the amounts determined
				pursuant to Section 2 of P.L. 1954, c. 48 (N.J.S.A.
				52:34-7) or
				section
				13 of
				P.L.
				2018, c. 162
				(N.J.S.A.
				27:25-11) shall be made in accordance with
				the process published by the New Jersey Department of the Treasury, Circular
				No. 16-02-DPP, as amended and supplemented.
(c) Request for proposals: The procurement of
				goods and services in excess of the amounts determined pursuant to Section 2 of
				P.L. 1954, c. 48 (N.J.S.A.
				52:34-7), which will not be evaluated based
				solely on cost, shall be accomplished through the issuance of an advertised
				request for proposal or, for professional and technical services, to a minimum
				of three vendors, or where determined by the Executive Director, or his or her
				designee, in writing, that an alternative method of procurement is in NJ
				TRANSIT's best interest.
(d) An
				alternate method of advertised procurement may be used when the Executive
				Director, or his or her designee, determines in writing, that the alternative
				method is in NJ TRANSIT's best interest.
(e) Procurement-by-exception: The
				requirements of (a), (b), and (c) above may be waived under the following
				circumstances and the purchase or contract made in such manner as the Executive
				Director, or his or her designee, may determine is in the best interest of NJ
				TRANSIT:
1. The acquisition of public or
				private entities engaged in the provision of public transportation service,
				used public transportation equipment or existing public transportation
				facilities or rights of way;
2. The
				purchase of perishable foods or subsistence supplies;
3. The leasing of such office space, office
				machinery, specialized equipment, buildings or real property as may be required
				for the conduct of NJ TRANSIT's business;
4. The acquisition of any real property by
				gift, grant, purchase or any other lawful manner in the name of and for the use
				of NJ TRANSIT for the purpose of the administration of NJ TRANSIT's business in
				accordance with appropriations made therefor when moneys are required for the
				acquisition;
5. The procurement of
				supplies or services for which the bid prices after advertising therefor are
				not reasonable or have not been independently arrived at in open competition,
				provided that no negotiated purchase, contract, or agreement may be entered
				into under this paragraph after the rejection of all bids received unless:
i. Notification of the intention to negotiate
				and reasonable opportunity to negotiate shall have been given by NJ TRANSIT to
				each responsible bidder;
ii. The
				negotiated price is lower than the lowest rejected bid price of a responsible
				bidder; and
iii. Such negotiated
				price is the lowest negotiated price offered by any responsible
				supplier.
6. The purchase
				is to be made from, or the contract to be made with, the Federal or any State
				government or any agency or political subdivision thereof;
7. The public exigency requires the immediate
				delivery of the articles or performance of the service;
8. Only one source of supply is
				available;
9. More favorable terms
				can be obtained from a primary source of supply;
10. Articles of wearing apparel are to be
				purchased which are styled or seasonal in character;
11. Commodities traded on a national
				commodity exchange are to be purchased and fluctuations of the market require
				immediate action;
12. The equipment
				to be purchased is of a technical nature and the procurement thereof without
				advertising is necessary in order to assure standardization of equipment and
				interchangeability of parts in the public interest;
13. The procurement of services to be
				performed by the contractor personally under the supervision of the Executive
				Director, or his or her designee, and paid for on a timely basis;
14. To acquire or overhaul motorbuses, light
				rail vehicles, rail cars, locomotives, signal systems, or fare collection
				systems; and
15. To acquire goods
				or services related to homeland security and domestic preparedness, that is
				paid for or reimbursed by Federal funds awarded by the U.S. Department of
				Homeland Security or other Federal agency, from vendors that:
i. Are holders of a current State contract
				for the equipment, goods, or services sought;
ii. Are participating in a Federal
				procurement program established by a Federal department or agency; or
iii. Have been approved by the State
				Treasurer in consultation with the New Jersey Domestic Security Preparedness
				Task Force.