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| Home > Statutes > USA New Jersey |
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USA Statutes : new_jersey
Title : TITLE 13 CONSERVATION AND DEVELOPMENT--PARKS AND RESERVATIONS
Chapter : 13:17A-19.
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13:17A-19. Purchases, contracts or agreements; negotiation or award
a. All purchases, contracts, or agreements where the cost or contract price exceeds the sum of $7,500.00 shall, except as otherwise provided in this act, be made, negotiated, or awarded only after public advertisement for bids therefor and shall be awarded to that responsible bidder whose bid, conforming to the invitation for bids, is most advantageous to the commission, in its judgment, upon consideration of price and other factors. Any bid may be rejected when the commission determines that it is in the public interest to do so.
Any purchase, contract, or agreement where the cost or contract price is $7,500.00 or less may be made, negotiated, or awarded by the commission without advertising and in any manner which the commission, in its judgment, deems necessary to serve its unique interests and purposes and which promotes, whenever practicable, full and free competition by the acceptance of quotations or proposals or by the use of other suitable methods.
b. Any purchase, contract, or agreement where the cost or contract price exceeds $7,500.00 may be made, negotiated, or awarded by the commission without advertisement for bids when the subject matter is that described in subsection c. below or when the purchase, contract, or agreement is made, negotiated, or awarded under the circumstances described in subsection d. below. In any such instance, the commission may make, negotiate, or award the purchase, contract, or agreement in any manner which the commission deems necessary to serve its unique interests and purposes and which promotes, whenever practicable, full and free competition by the acceptance of quotations or proposals or by the use of other suitable methods.
c. Any purchase, contract, or agreement may be made, negotiated, or awarded pursuant to subsection b. above when the subject matter consists of:
(1) Services which are professional or technical in nature or services which are original and creative in character in a recognized field of artistic endeavor;
(2) Items which are perishable or subsistence supplies;
(3) Items which are specialized equipment or specialized machinery necessary to the conduct of commission business;
(4) Items or services supplied by a public utility subject to the jurisdiction of the Board of Public Utilities, and tariffs and schedules of the charges made, charged or exacted by the public utility for those items or services are filed with the board;
(5) Items which are styled or seasonal wearing apparel; or
(6) The lease of such office space, office machinery, specialized equipment, buildings or real property as may be required for the conduct of commission business.
d. Any purchase, contract, or agreement may be made, negotiated, or awarded pursuant to subsection b. above when:
(1) Standardization of equipment and interchangeability of parts is in the public interest;
(2) Only one source of supply or service is available;
(3) The safety or protection of the commission@s or other public property requires;
(4) The exigency of the commission@s service will not admit of advertisement;
(5) More favorable terms can be obtained from a primary source of supply of an item or service;
(6) Bid prices, after advertising, are not reasonable or have not been independently arrived at in open competition; but no negotiated purchase, contract, or agreement may be entered into under this subsection after the rejection of all bids received unless: (a) notification of the intention to negotiate and reasonable opportunity to negotiate is given to each responsible bidder; (b) the negotiated price is lower than the lowest rejected bid price of a responsible bidder; and (c) the negotiated price is the lowest negotiated price offered by any responsible contractor;
(7) The purchase is to be made from, or the contract is to be made with, the federal or any state government or agency or political subdivision thereof; or
(8) Purchases made through or by the Director of the Division of Purchase and Property pursuant to section 1 of P.L. 1959, c. 40 (C. 52:27B-56.1).
e. In any case where the commission shall make, negotiate, or award a purchase, contract, or agreement without public advertisement pursuant to subsection b. above, the commission shall, by resolution passed by the affirmative vote of a majority of its members, specify the subject matter or circumstances set forth in subsections c. and d. which permit the commission to take such action.
f. Nothing herein shall prevent the commission from having any work done by its own employees.
L.1983, c. 272, s. 19, eff. July 18, 1983.
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