reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 6 - SITE EVALUATION AND RECOMMENDATION › Section 17:11-6.2 - Proposal submission

Current through Register Vol. 56, No. 14, July 15, 2024
DPMC will not consider leased space proposals unless they
				  are submitted on or before the specified time and date required by the RFP and
				  contain all information requested by DPMC. Unless the RFP specifically states
				  otherwise, a leased space proposal shall not be submitted by telephone,
				  telegraph, facsimile or other electronic means.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 6 - SITE EVALUATION AND RECOMMENDATION › Section 17:11-6.3 - Extension of time to submit proposal

Current through Register Vol. 56, No. 14, July 15, 2024
All leased space proposals not received prior to or at the
				  time designated for formal opening of leased space proposals shall be rejected.
				  However, the Director may extend the time for opening at the request of a
				  potential lessor who notifies DPMC that he or she intends to submit a leased
				  space proposal and gives valid reasons why he or she will not meet the formal
				  opening date. The potential lessor making this request shall do so in writing
				  and specify the length of additional time requested. The written request must
				  be received by DPMC no later than one week prior to the deadline. All potential
				  lessors shall be notified of any extension date. All leased space proposals
				  shall be held and remain sealed until the expiration of the time extension
				  granted by the Director.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 6 - SITE EVALUATION AND RECOMMENDATION › Section 17:11-6.4 - Prices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A leased space proposal shall include all
				material price information required by the RFP. Prices shall be typewritten,
				photocopied, or written in ink or some other indelible substance.
(b) Unless the RFP states otherwise, the
				prices submitted shall remain effective for 90 days after the opening date,
				subject to any negotiations conducted in accordance with
17:11-6.10
.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 6 - SITE EVALUATION AND RECOMMENDATION › Section 17:11-6.5 - Withdrawal of proposal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to the
				opening of the leased space proposals, a potential lessor may, for any reason,
				request the withdrawal of his or her leased space proposal. The request shall
				be made in writing to DPMC and shall be signed by a person authorized to submit
				the proposal pursuant to
				17:11-5.3. Proof of authorization
				shall accompany the request.
(b)
				After the opening of the leased space proposals, if either the potential lessor
				or DPMC discover a material error in a leased space proposal, the potential
				lessor may request the withdrawal of the leased space proposal. If the error is
				discovered by DPMC, the Division will notify the potential lessor in writing,
				and the potential lessor will have five working days from receipt of the notice
				to request withdrawal of the proposal. Any submission from the potential lessor
				shall be addressed to DPMC, and shall be signed by a person authorized to
				submit the leased space proposal (see
				17:11-5.3 ). DPMC will return the
				leased space proposal if the potential lessor can demonstrate that he or she
				exercised reasonable care in preparing and submitting the leased space
				proposal, and that it would be unconscionable for the State to enforce the
				proposed lease agreement. The decision to grant or deny any such request shall
				be at the sole discretion of the Director.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 6 - SITE EVALUATION AND RECOMMENDATION › Section 17:11-6.6 - Correction of pricing error

Current through Register Vol. 56, No. 14, July 15, 2024
(a) DPMC shall
				correct a pricing error in a leased space proposal under the following
				circumstances:
1. Where the leased space
				proposal contains an obvious computational error, DPMC shall correct the
				potential lessor's faulty addition, subtraction, multiplication or division.
				Any error must be obvious on its face, and any correction must be consistent
				with internal evidence in the leased space proposal.
2. Unless the RFP states otherwise, or the
				result would be unconscionable, where a leased space proposal contains a
				discrepancy between a unit price and a total price based on those units, the
				unit price shall govern. Where the leased space proposal contains any other
				price discrepancy, DPMC shall determine the price if the leased space proposal
				contains clear evidence of the intended price.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 6 - SITE EVALUATION AND RECOMMENDATION › Section 17:11-6.7 - Verification of proposal

Current through Register Vol. 56, No. 14, July 15, 2024
DPMC may seek information outside of the leased space
				  proposal to verify the accuracy and responsiveness of the leased space
				  proposal, and the responsibility of the potential lessor. DPMC may request such
				  information from the potential lessor, from public records, or from others
				  familiar with the potential lessor or the space. Such information may clarify,
				  but not modify, a leased space proposal. Such investigation may include, but
				  shall not be limited to, contacting the potential lessor's surety companies,
				  financial institutions, prior lessees or visiting the potential lessor's place
				  of business and property sites.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 6 - SITE EVALUATION AND RECOMMENDATION › Section 17:11-6.8 - Rejection and re-advertisement of proposal

Current through Register Vol. 56, No. 14, July 15, 2024
DPMC reserves the right to reject all leased space proposals
				  and to re-advertise if insufficient competition results from the initial
				  advertisement, if the price is unfavorable to the State in the current market,
				  or for any other compelling reason.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 6 - SITE EVALUATION AND RECOMMENDATION › Section 17:11-6.9 - Evaluation

Current through Register Vol. 56, No. 14, July 15, 2024
DPMC shall evaluate each leased space proposal received in
				  accordance with this subchapter and shall identify the proposals determined to
				  be responsive to all material elements set forth in the Scope of Work, cost
				  effective and best able to fulfill the space need as defined in the Scope of
				  Work.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 6 - SITE EVALUATION AND RECOMMENDATION › Section 17:11-6.10 - Negotiations

Current through Register Vol. 56, No. 14, July 15, 2024
DPMC shall negotiate with the potential lessors that submit
				  the most cost effective and responsive leased space proposals. DPMC reserves
				  the right to exclude those proposals that do not appear to be either cost
				  effective or responsive based on the initial submissions. DPMC shall recommend
				  to the Committee the one (1) potential lessor who will provide the most cost
				  effective proposed lease agreement which will best serve the interests of the
				  State.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 6 - SITE EVALUATION AND RECOMMENDATION › Section 17:11-6.11 - Notice of recommendation to the Committee

Current through Register Vol. 56, No. 14, July 15, 2024
DPMC shall give notice to all potential lessors of the
				  particular leased space proposal to be recommended to the Committee prior to
				  submission of a final recommendation to the Committee. Challenges to the notice
				  of intent to recommend a particular proposed lease agreement shall be submitted
				  in writing to the Director of DPMC, within 10 working days from the date of the
				  letter giving notice of the intent to recommend. After receipt of a challenge,
				  DPMC may decide not to recommend a leased space proposal to the
				  Committee.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 6 - SITE EVALUATION AND RECOMMENDATION › Section 17:11-6.12 - Documents considered public information

Current through Register Vol. 56, No. 14, July 15, 2024
Subsequent to DPMC's issuance of notice to all respondents
				  of its intent to recommend a proposed lease agreement to the Committee, the
				  documents submitted by potential lessors (excluding those items exempt from
				  public access pursuant to
				  47:1A-1 et seq.) shall be
				  considered public information, notwithstanding any disclaimers submitted by the
				  potential lessors to the contrary.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 7 - STATE LEASING AND SPACE UTILIZATION COMMITTEE APPROVAL › Section 17:11-7.1 - Notice of proposed lease (NPL)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon completion
				of the advertisement process for requests for proposals for leased space
				proposals and the consequent identification of the most cost effective proposed
				lease agreement under consideration, DPMC shall prepare a notice of proposed
				lease (NPL) for submission to the Committee. The NPL shall include the
				following information (or an explanation as to why such information is not
				applicable):
1. The approved State agency
				SPR;
2. A statement setting forth
				the terms and conditions of the proposed lease agreement;
3. A statement setting forth the cost of the
				proposed lease agreement, including the cost of rent, taxes, renovation,
				operating expenses and other costs involved in the proposed lease
				agreement;
4. A statement from the
				Attorney General that the proposed lease agreement under consideration is not
				in conflict with any applicable State or Federal law or regulation;
5. A statement certifying that, on the basis
				of a comparison of costs and an analysis of financing, the proposed lease
				agreement is cost effective and in compliance with the space utilization master
				plan;
6. Except as permitted by
				17:11-2.4, a statement certifying
				that DPMC advertised for competitive proposals for the proposed lease agreement
				and that the proposed lease agreement under consideration is the most cost
				effective; and
7. A statement from
				the Director of the Office of Management and Budget in the Department of the
				Treasury certifying that funds have been appropriated to DPMC to cover all
				costs associated with the proposed lease agreement, including the cost of
				renovations, for the fiscal year.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 7 - STATE LEASING AND SPACE UTILIZATION COMMITTEE APPROVAL › Section 17:11-7.2 - Decision of the State Leasing and Space Utilization Committee

Current through Register Vol. 56, No. 14, July 15, 2024
Upon its receipt of the NPL, the Committee shall approve or
				  disapprove in writing the proposed lease agreement under consideration or send
				  the proposed lease agreement back to DPMC with a written request for additional
				  information.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 7 - STATE LEASING AND SPACE UTILIZATION COMMITTEE APPROVAL › Section 17:11-7.3 - Validity of lease agreement

Current through Register Vol. 56, No. 14, July 15, 2024
No proposed lease agreement negotiated by DPMC shall be
				  valid without the prior written approval of the Committee or before it is fully
				  executed by the parties.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 7 - STATE LEASING AND SPACE UTILIZATION COMMITTEE APPROVAL › Section 17:11-7.4 - Execution of lease

Current through Register Vol. 56, No. 14, July 15, 2024
No lease will be executed prior to the approved prospective
				  lessor's completion of all work plans and specifications required by
				  DPMC.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 7 - STATE LEASING AND SPACE UTILIZATION COMMITTEE APPROVAL › Section 17:11-7.5 - Cancellation of an NPL

Current through Register Vol. 56, No. 14, July 15, 2024
Any request by a State agency for cancellation of an NPL
				  subsequent to Committee approval and prior to execution of the lease, must be
				  submitted in writing to the Director of DPMC. The Director may, at his or her
				  discretion, grant or deny the request and assess the State agency for any
				  expenses to the State resulting directly from the cancellation, including, but
				  not limited to, planning and/or construction costs and any rent
				  payable.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 8 - HEARINGS › Section 17:11-8.1 - Hearings; subject matter

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of
				this subchapter is to provide the procedures that govern the challenge of an
				action of the Director in the denial of a leased space proposal, the issuance
				of a recommendation to the Committee for leased space or regarding the
				application of the lease terms. All references to the "Director" in this
				subchapter include the Director's designee.
1. "Protest" is defined as an objection by a
				potential lessor, set forth in writing in accordance with
				17:11-8.2, to a determination that
				the potential lessor's proposal was non-responsive and/or untimely.
2. "Challenge" is defined as an objection by
				a potential lessor, set forth in writing in accordance with
				17:11-8.3, to the decision of DPMC
				of its intent to recommend another party's proposal to the Committee.
3. "Dispute" is defined as a disagreement
				between the DPMC and the lessor regarding the application of the lease
				terms.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 8 - HEARINGS › Section 17:11-8.2 - Protest procedures; rejection of a leased space proposal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				potential lessor, after submitting a Leased Space Proposal in response to an
				advertised RFP pursuant to
				52:18A-191.1 et seq., may submit a
				written protest to the Director if the leased space proposal is rejected for
				being non-responsive or untimely submitted.
(b) A potential lessor, after submitting a
				proposal in response to an advertised RFP and finding cause to protest the
				rejection of the proposal pursuant to (a) above, shall make written request to
				the Director, setting forth, in detail, the specific grounds for protesting the
				rejection. The protest shall be filed within 10 working days following the
				potential lessor's receipt of written notification that its proposal has been
				rejected for being non-responsive or untimely.
1. A protest regarding the Director's
				decision to reject a leased space proposal shall contain the following items:
i. Identification of the SPR
				number;
ii. All arguments,
				materials and/or other documentation that may support the protester's position
				that the leased space proposal should not have been rejected; and
iii. A statement as to whether the protester
				requests an opportunity for oral presentation and the reason(s) for the
				request.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 8 - HEARINGS › Section 17:11-8.3 - Challenge procedures; challenge to a notice of proposed lease

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				potential lessor, after submitting a leased space proposal in response to an
				advertised RFP pursuant to
				52:18A-191.1 et seq., may submit a
				written protest to the Director when another party's proposed lease is
				recommended to the Committee for approval.
(b) A potential lessor, after submitting a
				proposal in response to an advertised RFP and finding cause to challenge the
				decision to recommend another party's leased space proposal, shall make written
				request to the Director, setting forth, in detail, the specific grounds for
				challenging such decision. The challenge shall be filed within 10 working days
				following the potential lessor's receipt of the award decision.
1. A challenge regarding the Director's
				decision to recommend a lease shall contain the following items:
i. Identification of the lease
				number;
ii. All arguments,
				materials and/or other documentation that may support the challenger's position
				that the proposed award should be overturned; and
iii. A statement as to whether the challenger
				requests an opportunity for oral presentation and the reason(s) for the
				request.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 8 - HEARINGS › Section 17:11-8.4 - Discovery procedures

Current through Register Vol. 56, No. 14, July 15, 2024
Notwithstanding any provisions to the contrary, the Director
				  is entitled to request, receive and review copies of any and all records and
				  documents deemed appropriate and relevant to the issues and arguments set forth
				  in the protest, challenge or dispute. Upon receipt of the Director's request,
				  the party filing the protest, challenge or dispute shall promptly provide the
				  requested records and documents free of charge in the time, place and manner
				  specified by the Director. Failure of the party to comply with this section
				  may, at the reasonable discretion of the Director, constitute sufficient basis
				  to resolve the protest, challenge or dispute against such party. The Director
				  may also consider relevant information requested and received from other
				  parties deemed appropriate by the Director.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 9 - CONSTRUCTION › Section 17:11-9.1 - Approval of construction documents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The prospective
				lessor shall provide construction documents to DPMC for approval within the
				time frames established by DPMC.
(b) DPMC shall coordinate the review of the
				construction documents with the tenant agency, but shall retain the sole
				authority for approving all construction documents.
(c) DPMC may engage a design professional
				and/or contractor to begin design and/or construction work, as applicable, on
				the demised premises, in advance of the execution of the lease up to the dollar
				amount permitted by
				52:34-7(a).
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 9 - CONSTRUCTION › Section 17:11-9.2 - Notice to proceed with work

Current through Register Vol. 56, No. 14, July 15, 2024
DPMC shall have sole authority for issuing a notice to
				  proceed with any construction or renovation work prior to occupancy of a new
				  site. Issuance of a notice to proceed will only be granted after the Committee
				  has approved the NPL and the proposed lease agreement has been signed by the
				  lessor.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 9 - CONSTRUCTION › Section 17:11-9.3 - Change order

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any State
				agency requiring a change to an authorized construction project prior to
				occupancy shall submit a change order request to DPMC describing the needed
				change and reason for such change. DPMC shall approve a change order request if
				it meets the criteria established by DPMC, which criteria include the
				following:
1. Compliance with all applicable
				codes;
2. Compliance with SPR
				approvals and the State Space Plan;
3. Compliance with executed lease
				documents;
4. Availability of
				funding by the agency; and
5. No
				adverse impact on construction or occupancy schedule.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 9 - CONSTRUCTION › Section 17:11-9.4 - Requests for renovation

Current through Register Vol. 56, No. 14, July 15, 2024
Any State agency requesting renovations to a leased building
				  in which it is a tenant shall conform to the provisions of
17:11-12.3
.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 10 - FURNISHING SPACE › Section 17:11-10.1 - Acquisition of furniture

Current through Register Vol. 56, No. 14, July 15, 2024
No tenant agency shall acquire loose or systems furniture
				  for use in any State-owned or leased space without the prior approval of DPMC,
				  unless the tenant agency has its own statutory authority to make such
				  purchase.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 10 - FURNISHING SPACE › Section 17:11-10.2 - Relocation of furniture

Current through Register Vol. 56, No. 14, July 15, 2024
No tenant agency shall relocate loose or systems furniture
				  in any State-owned or leased space, unless the relocation is only of agency
				  purchased furnishings and between existing department spaces, and such
				  relocation has been approved by DPMC, based on the State Space Plan and the
				  agency SPR.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 11 - COMPLIANCE WITH LEASE AGREEMENT › Section 17:11-11.1 - Submission of disclosure statement

Current through Register Vol. 56, No. 14, July 15, 2024
All lessors under contract with the State through DPMC shall
				  annually submit an updated Disclosure Statement to DPMC, which statement shall
				  include an updated certification of taxes.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 11 - COMPLIANCE WITH LEASE AGREEMENT › Section 17:11-11.2 - Tenant complaints and lessor compliance issues

Current through Register Vol. 56, No. 14, July 15, 2024
DPMC shall be the liaison between the tenant agency and the
				  lessor. All complaints and compliance issues shall be directed to DPMC for
				  resolution.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 12 - TENANT AGENCY RESPONSIBILITIES › Section 17:11-12.1 - Tenant compliance with lease

Current through Register Vol. 56, No. 14, July 15, 2024
A tenant agency utilizing premises leased by the State shall
				  at all times comply with the terms of the lease and with the requirements of
				  this chapter.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 12 - TENANT AGENCY RESPONSIBILITIES › Section 17:11-12.2 - Repair costs

Current through Register Vol. 56, No. 14, July 15, 2024
A tenant agency shall be responsible for costs to repair
				  damages to premises caused by the agency, its clients or invitees. DPMC shall
				  determine the extent of damages and take actions to have repairs made.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 12 - TENANT AGENCY RESPONSIBILITIES › Section 17:11-12.3 - Renovations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A tenant agency
				desiring to make renovations to leased or owned space shall submit a TSR to
				DPMC for approval.
(b) DPMC shall
				evaluate the TSR in accordance with the following criteria:
1. Compliance with applicable laws,
				regulations, fire and safety codes, ADA, UCC and zoning restrictions;
2. Proposed cost;
3. Consistency with terms and conditions of
				the lease;
4. Consistency with the
				approved SPR; and
5. Availability
				of funds.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 12 - TENANT AGENCY RESPONSIBILITIES › Section 17:11-12.4 - Notification of lessor non-compliance

Current through Register Vol. 56, No. 14, July 15, 2024
All tenant agencies shall notify DPMC of any failure by a
				  lessor to comply with the terms and conditions of the lease or of deficiencies
				  in the leased space. Notification shall be by telephone or in writing, as
				  appropriate. No tenant agency shall initiate corrective action without prior
				  DPMC approval.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 12 - TENANT AGENCY RESPONSIBILITIES › Section 17:11-12.5 - DPMC investigation of complaints

Current through Register Vol. 56, No. 14, July 15, 2024
In the event a tenant agency is directed to respond to a
				  PEOSH or other life safety complaints and requests DPMC assistance, DPMC shall
				  investigate and shall direct the appropriate party to resolve those items
				  deemed by DPMC to be such party's responsibility, in accordance with the terms
				  of this chapter and the specific lease agreements.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 12 - TENANT AGENCY RESPONSIBILITIES › Section 17:11-12.6 - Environmental contamination of the premises

Current through Register Vol. 56, No. 14, July 15, 2024
In the event that a currently occupied space is
				  contaminated, the occupying agency shall be responsible for the appropriate
				  notifications, coordination with the Department of Environmental Protection
				  (DEP), testing, reporting and abatement. The tenant agency is responsible for
				  obtaining a Certification of Negative Declaration of Approval or a No Further
				  Action Letter and Covenant Not to Sue from DEP. The DEP requirements are fully
				  described in DPMC's policy and procedure governing this issue.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 13 - VACATING LEASED SPACE › Section 17:11-13.1 - Approval to vacate

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No tenant
				agency shall vacate a leased facility without the prior approval of DPMC. DPMC
				will approve a tenant agency's request to vacate when:
1. Alternate space is identified and secured
				by DPMC for the tenant agency;
2.
				Funds are no longer available; or
3. There is a more cost effective utilization
				of the leased space in accordance with the approved space utilization
				plan.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 13 - VACATING LEASED SPACE › Section 17:11-13.2 - Condition of vacated premises

Current through Register Vol. 56, No. 14, July 15, 2024
A tenant agency vacating a leased facility shall leave the
				  facility in broom clean condition, with the exception of reasonable wear and
				  tear and any condition due to force majeure. The vacating tenant agency shall
				  bear the cost, if any, of returning the facility to broom clean condition under
				  the direction of DPMC.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 14 - DEBARMENT/SUSPENSION › Section 17:11-14.1 - Debarment/suspension

Current through Register Vol. 56, No. 14, July 15, 2024
DPMC may suspend or debar a lessor or potential lessor in
				  accordance with the procedures set forth in N.J.A.C. 17:19-3 and 4.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 11 - STATE LEASING AND SPACE UTILIZATION › Subchapter 15 - WAIVER › Section 17:11-15.1 - Waiver

Current through Register Vol. 56, No. 14, July 15, 2024
DPMC may waive any provision of the rules promulgated in
				  this chapter, when it determines that the application of these rules would
				  impair expeditious location or relocation of a State agency or a tenant agency
				  necessitated by health, safety, environmental concerns, the requirements of an
				  Executive Order or legislation, or eviction or demand for possession by
				  lessors.
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 17:12-1.2 - Public information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The public is encouraged to obtain
				information concerning the State procurement program and request for proposals
				(RFPs) by accessing the Division's Internet site at
www.nj.gov/treasury/purchase
.
				If the information being sought is not available on the Division's website, the
				public can request information by posing questions via the Division's website,
				by writing to the Director of the Division of Purchase and Property, PO Box
				039, Trenton, New Jersey 08625-0039, or by visiting the Division's reception
				area at 33 West State Street, 9th Floor.
(b) After the opening of sealed proposals,
				all information submitted by bidders in response to a solicitation of proposals
				is considered public information, notwithstanding any disclaimers to the
				contrary submitted by a bidder, except when an RFP contains a negotiation
				component or as may be exempted from public disclosure by the Open Public
				Records Act,
				47:1A-1 et seq. (OPRA), and the
				common law. As a part of its proposal, each bidder may identify any data or
				materials it asserts are exempt from public disclosure under OPRA and/or the
				common law, explaining the basis for such assertion. Assertions that the entire
				proposal and/or prices are exempt from public disclosure under OPRA, the common
				law, or the U.S. Copyright Act are overbroad and will not be honored by the
				Division. In the event that a public request is made for materials that the
				bidder has identified as confidential, the Director shall have the final
				authority to determine whether the materials are exempt from public disclosure
				under OPRA and shall take action as required by applicable law. The bidder or
				contractor may elect to defend its assertion of exemption from the public
				disclosure requirements of OPRA or the common law, but in doing so, all costs
				and expenses associated therewith shall be the responsibility of the bidder or
				contractor. The State assumes no such responsibility or liability.
(c) When the RFP permits negotiation with
				bidders after the submission of proposals, such proposals shall be made
				publicly available only after issuance of a notice of intent to
				award.
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 17:12-1.4 - Application of rules

Current through Register Vol. 56, No. 14, July 15, 2024
Except as otherwise provided in this chapter, these rules
				  shall apply to all advertised and non-advertised contracts awarded by the
				  Division or under the authority of the Division, including all Delegated
				  Purchasing Authority contracts as set forth in Department of the Treasury
				  Circular, Delegated Purchasing Authority (DPA), as amended or re-designated,
				  and accessible at the Department of the Treasury's website.
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 17:12-1.5 - Procurement efficiency program

Current through Register Vol. 56, No. 14, July 15, 2024
In accordance with the provisions at
				  N.J.S.A.
				  52:27B-56 and in order to maintain the
				  State's procurement operations at a level to meet common industry standards of
				  efficiency, the Director shall make a percentage assessment from the value of
				  all transactions on each contract. The assessment shall be made to the
				  contractor or the using agency, as specified in the RFP.
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 1A - PROCUREMENT METHODOLOGY › Section 17:12-1A.1 - Advertised procurements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				provided in this subchapter, all procurements shall be effected through
				advertised procurement procedures.
(b) The Director shall structure RFPs to
				provide for a single contract award to a single bidder, unless contract awards
				to multiple bidders are permitted as herein after provided in this
				subchapter.
(c) The Director may
				structure an RFP to include multiple lines encompassing more than one
				commodity, group of commodities, service or group of services, with separate
				contract awards for each price line or grouping of price lines.
(d) Pursuant to the provisions of
				N.J.S.A.
				52:34-12.1, the Director may structure an RFP
				to provide for awards to multiple bidders to meet the anticipated needs of
				State agencies and, if the State contracts are to be extended to cooperative
				purchasing participants pursuant to
				N.J.A.C.
				17:12-2.3, the anticipated needs of
				cooperative purchasing participants, based upon one or more of the following
				criteria:
1. The anticipated quantities of
				products and/or services required by using agencies;
2. The needs of using agencies for prompt
				access to providers of maintenance, repair parts, and service;
3. The needs of using agencies for
				cost-efficient, timely local deliveries;
4. The needs of using agencies to purchase
				materials, supplies, services, or equipment compatible with those previously
				purchased;
5. The needs of using
				agencies for standardization of equipment, interchangeability of parts, or
				continuation of services;
6. The
				collective safety, environmental, or technological needs of using agencies;
				and/or
7. Any other factors that
				the Director determines make multiple awards necessary to serve the State's
				interests.
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 1A - PROCUREMENT METHODOLOGY › Section 17:12-1A.2 - Exceptions to advertised procurement procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				contracts issued by the Division shall be effected through advertised
				procurement procedures, except for the following types of contracts:
1. Contracts between State agencies or
				between State agencies and quasi-State agencies where one qualified agency can
				provide services to meet specified needs of another agency, including the
				transactions between using agencies and the designated Central Non-Profit
				Agency pursuant to
				30:6-23 et
				seq. and Executive Order No. 67 (2005) and between using agencies and the
				Department of Corrections' Bureau of State Use Industries/DEPTCOR pursuant to
				30:4-95;
2. Purchase orders issued or awarded under
				the provisions of the Division's Delegated Purchasing Authority program
				pursuant to the provisions of (b) below;
3. Contracts awarded by the Division upon
				approval by the State Treasurer to waive the public advertisement requirement,
				pursuant to the provisions of (c) below;
4. Cooperative agreements with one or more
				other states, or political subdivisions thereof or of New Jersey, or with a
				nationally recognized and accepted cooperative procurement entity in which
				other states participate, pursuant to the provisions of
				N.J.A.C.
				17:12-1A.3; or
5. Contracts issued by the Division that
				allow the use of Federal procurement program contractors, including those with
				Federal supply schedule contracts issued by the Federal General Services
				Administration, pursuant to the provisions of
				17:12-1A.5.
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 1A - PROCUREMENT METHODOLOGY › Section 17:12-1A.3 - Joining cooperative agreements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to the
				provisions of
				52:34-6.2, the Director may, prior
				to, during, or after an advertised competitive procurement for the purchase of
				goods and/or services conducted by another state or other states, or political
				subdivision(s) thereof or of New Jersey, or by a nationally recognized and
				accepted cooperative procurement entity in which another state participates, or
				other states participate, or after the award of contract(s) thereof, enter into
				a cooperative agreement with said state(s), political subdivision(s), or entity
				when the Director deems such agreement to be the most cost-effective
				contractual solution. Cost effectiveness shall be determined by considering
				pertinent factors, such as the following:
1.
				Lower than current State contract pricing that will afford material cost
				savings;
2. Lower than pricing for
				comparable goods or services of other State or public entity
				contracts;
3. Expanded product or
				service availability;
4. The
				ability to avoid the cost and time of a State procurement;
5. A record of satisfactory vendor
				performance;
6. Lower minimum
				purchase requirements;
7. A
				comparatively better quality of goods or services; and
8. Administrative cost factors required to
				participate in the cooperative agreement.
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 1A - PROCUREMENT METHODOLOGY › Section 17:12-1A.4 - Leading a cooperative agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director
				may lead, sponsor, conduct, solicit, award, and administer cooperative
				agreements.
(b) Cooperative
				agreements shall be procured through advertised procurement
				procedures.
(c) The procurement
				documents shall set forth the combined requirements of the cooperative
				purchasing participants and specify that each jurisdiction participating in a
				contract is solely responsible for the payment of the purchase price and cost
				of purchases made by it under the terms of any resultant contract.
(d) Where the Director procures contracts on
				behalf of a nationally recognized and accepted cooperative procurement entity,
				the Director may utilize a master agreement/participating addendum structure,
				whereby the Director awards the contractor(s) or scheduled contract awardee(s)
				a master agreement and all participating entities join via execution of a
				participating addendum.
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 1A - PROCUREMENT METHODOLOGY › Section 17:12-1A.5 - Use of Federal supply schedule contracts

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
									52:34-6.1 establishes that the
				Director, on behalf of State agencies of the executive branch of State
				government, including quasi-State agencies identified in
				52:27B-56.1 (hereinafter
				collectively referred to as "State agencies"), shall promulgate Federal supply
				schedules of the Federal General Services Administration or schedules from
				other Federal procurement programs (hereinafter collectively referred to as
				"Federal supply schedule contracts"), as alternate price guides for the
				purchase of goods and services, subject to the following conditions:
1. The price of the good and/or service being
				procured is no greater than the price offered to Federal agencies;
2. The State receives the benefit of any
				contract price reductions, whether statutory, regulatory or contractual in
				nature, during the term of the contract; and
3. The price of the good and/or service under
				consideration for purchase via a Federal supply schedule contract is not equal
				to or greater than the State contract price for the same or equivalent goods or
				services, unless the Director determines that the best interests of the State
				are served by use of the proposed Federal supply schedule-based
				contract.
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 1B - TERMS AND CONDITIONS › Section 17:12-1B.1 - Terms and conditions; generally

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Pursuant to
				N.J.S.A.
				52:34-13, the Division has developed standard
				terms and conditions for incorporation into contracts, available on the
				Division's website.
(b) The
				standard terms and conditions in (a) above may be updated from time-to-time and
				made available on the Division's website.
(c) Where not contrary to applicable law, the
				Director or his or her designee, at his or her discretion, may:
1. Include revised term(s) in an RFP that
				supersedes some or all of the standard terms and conditions; or
2. Otherwise approve a change to one or more
				of the standard terms and conditions.
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 1B - TERMS AND CONDITIONS › Section 17:12-1B.2 - Terms and conditions; prohibited terms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director shall not approve or agree
				to enter into any contract that requires the State to indemnify or hold
				harmless a contractor, or other person or business entity, except as otherwise
				authorized by law.
(b) Where a
				prohibited indemnification or hold harmless provision is included in a
				contract, it shall be void from the outset; except that the contract containing
				that term or condition shall otherwise be enforceable as if it did not contain
				such term or condition.
(c) The
				prohibition in (a) above shall apply to all persons negotiating a contract on
				behalf of the Director and all contracts issued under the authority of the
				Director.
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 2 - ADVERTISED PROCUREMENT PROCEDURES › Section 17:12-2.1 - Advertising

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Advertising is required when the contract
				amount is expected to exceed the public bidding threshold or is not subject to
				the relevant exceptions of
				52:34-6, 9, or 10. Public notice
				of the bidding opportunity shall be placed on the Division's website and with
				other media, including newspapers, as required by law at
				52:34-12 and determined by the
				State Treasurer to provide best notice thereof to bidders. Advertisements shall
				be made a minimum of seven business days in advance of the announced deadline
				for receipt of proposals to encourage free and open competition.
(b) If, during the course of an advertised
				procurement pursuant to (a) above, it becomes necessary to alter any of the
				terms, conditions, or requirements of the request for proposal, such
				alterations shall be set forth in addenda to the RFP and shall be advertised a
				minimum of seven business days in advance of the announced deadline for receipt
				of proposals.
(c) In addition to
				statutorily mandated public advertising, the Division shall also publish
				notices of bidding opportunities on the Division's website.
(d) As a service to vendors interested in
				competing for State contracts to be awarded by the Division and to any other
				parties seeking information about bidding opportunities available via the
				Division's competitive contract procurement program, the Division provides an
				on-line self-registration service on its website. Vendors and other interested
				parties can register to receive direct e-mail notices pertaining to the
				Division's procurements for goods or services based upon specific commodity
				classes or codes. As this is a self-registration process, it does not create an
				entitlement for any party to receive notice of any particular solicitation of
				proposals, and the Division and the State shall not be liable for any losses,
				claims, or damages of any kind if a vendor or other party, for any reason, is
				not registered or does not receive an e-mail notice. It is the responsibility
				at all times for registrants to exercise due diligence in reviewing the notices
				on the Division's website to assure their awareness of State bidding
				opportunities announced by the Division.
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 2 - ADVERTISED PROCUREMENT PROCEDURES › Section 17:12-2.3 - Extension of contracts for cooperative purchasing participant use

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Director may, through provision in an RFP, extend a State contract for use by
				cooperative purchasing participants.
(b) If after award of a contract, either the
				Director or the contractor seeks to extend a contract for use by the
				cooperative purchasing participants, the Director and contractor may agree to
				such arrangement, provided the contractor agrees in writing to extend the
				contract to all cooperative purchasing participants on the same terms and
				conditions as set forth in the underlying State contract.
(c) In the event a contract permits extension
				for use by the cooperative purchasing participants, such use shall be limited
				to the goods and services that are the subject of the contract and shall be
				subject to the terms and conditions of the contract, as appropriate.