N.J. Admin. Code § 17:12-1A.5

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

Section 17:12-1A.5 - Use of Federal supply schedule contracts

(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.

(b) A public entity statutorily authorized to contract under the Local Public Contracts Law, 40A:11-1 et seq., or the Public School Contracts Law, 18A:18A-1 et seq., and procuring a good and/or service based upon a Federal supply schedule contract shall abide by procurement provisions and procedures as set forth in administrative rules promulgated by the Division of Local Government Services, Department of Community Affairs.

(c) A using agency intending to purchase a good and/or service from a vendor based upon that vendor's Federal supply schedule contract shall comply with all provisions and procedures detailed in the Department of the Treasury Circular, Purchases from Federal Supply Schedules or Schedules of Other Federal Procurement Programs, as amended or re-designated, that sets forth essential procedural and documentary requirements.

(d) A vendor offering a good and/or service to State agencies referencing a Federal supply schedule contract must meet the specific eligibility criteria and procedural provisions set forth and standardized in the Department of the Treasury Circular, Purchases from Federal Supply Schedules or Schedules of Other Federal Procurement Programs, as amended or redesignated, which is a condition to be communicated to the vendor by the using agency contemplating such purchase activity. The circular is accessible at the Department of the Treasury's website.

N.J. Admin. Code § 17:12-1A.5

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