N.J. Admin. Code § 17:12-1A.3

Current through Register Vol. 56, No. 23, December 2, 2024

Section 17:12-1A.3 - Joining cooperative agreements

(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.

(b) Any such cooperative agreement shall provide for the combined requirements of the cooperating parties to be, or to have been, procured through an advertised competitive bidding process.

(c) Prior to entering into any cooperative agreement, the Director shall:

1. Review and approve the specifications and proposed terms and conditions of the contract between the product or service provider and the other state(s), political subdivision(s) thereof, or nationally recognized and accepted cooperative procurement entity in which another state or other states participate;

2. Comply with legal provisions for notification, as applicable; and

3. Require the contractor or scheduled contract awardee to execute an addendum containing the State contracting terms and conditions and any other terms making the cooperative agreement more favorable to the State, as determined by the Director.

N.J. Admin. Code § 17:12-1A.3

Amended by 51 N.J.R. 141(a), effective 1/22/2019