N.J. Admin. Code § 5:34-5.13

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

Section 5:34-5.13 - Fees and procurement of electronic procurement platforms

(a) For public works contracts or contracts for goods or services, an electronic procurement platform vendor shall not charge an offeror:

1. A fee of more than $ 50.00 per offer submission;

2. A fee of more than $ 50.00 for accessing documents and information connected to an offer (not including any fees required for platform registration);

3. A percentage of the winning offer; or

4. Separate fees for accessing documents or information connected to an offer and for submitting an offer.

(b) In the case of reverse auctions for energy, the electronic procurement platform vendor may base its fee on the amount of electricity or natural gas purchased.

(c) If a procurement is subject to a local unit's set-aside program, any fee charged by the electronic procurement platform vendor to either access documents and information or submit an offer in connection with the procurement shall be waived by the platform vendor or refunded to the offeror by the local unit.

(d) For any contract for an electronic procurement platform where the aggregate fees to be charged over the life of the intended contract will exceed the local unit's bid threshold, an electronic procurement platform shall not be construed to fall under one of the exceptions to public advertising for bids set forth at N.J.S.A. 18A:18A-5 or 40A:11-5, except as set forth at N.J.S.A. 40A:11-5(3) or 18A:18A-5(c). Nothing in this section shall be interpreted to prohibit a local unit from procuring an electronic procurement platform under an emergency contract pursuant to N.J.S.A. 18A:18A-7 or 40A:11-6, as applicable, and N.J.A.C. 5:34-6.1under circumstances when an emergency contract may be awarded pursuant to law.

(e) The use of an electronic procurement platform may be procured through competitive contracting pursuant to N.J.S.A. 40A:11-4.1et seq. or 18A:18A-4.1 et seq., as appropriate, without seeking prior approval of the Director of the Division of Local Government Services.

(f) A local unit may procure use of an electronic procurement platform through cooperative purchasing.

1. Subject to the provisions at N.J.A.C. 5:34-7, a lead agent in a cooperative purchasing system as defined at N.J.A.C. 5:34-7.2may enter into a contract for an electronic procurement platform that can in turn be made available for use by the system's members.

2. A local unit may procure an electronic procurement platform:

i. Under a contract entered into on behalf of the State by the Division of Purchase and Property in the Department of the Treasury for which the terms are extended to local units, subject to the provisions of N.J.S.A. 40A:11-12 or 18A:18A-10, as applicable, and N.J.A.C. 5:34-7.29; or

ii. Utilizing the Federal Supply Schedules of the General Services Administration or schedules from other Federal procurement programs promulgated by the Director of the Division of Purchase and Property in the Department of the Treasury, subject to the provisions of N.J.S.A. 40A:11-12 or 18A:18A-10, as applicable, and N.J.A.C. 5:34-9.7.

3. A local unit may, pursuant to N.J.S.A. 52:34-6.2, procure an electronic procurement platform through a national cooperative contract. Prior to awarding a contract to an electronic procurement platform vendor that would otherwise need to be procured competitively, the local unit shall determine that the use of the national cooperative contract shall result in cost savings after all applicable factors have been considered. The local unit shall document the cost savings calculation.

(g) A bid specification or RFP for an electronic procurement platform shall specify whether the local unit is to pay for the system with offerors using the platform without charge, or whether the platform vendor is to be compensated solely through charging fees to offerors using the platform, or whether the platform vendor is to provide a response under both options.

(h) When an electronic procurement platform vendor is to be compensated solely through charging fees to offerors and prospective offerors using the platform, in determining whether the value of the contract will exceed the local unit's bid threshold, the local unit shall utilize the fees and charges together with a good-faith aggregate estimate of the number of platform users that would be subject to such fees and charges over the contract term.

1. If the electronic procurement platform is solicited through a competitive contracting process, the platform vendor with the lowest aggregate fees and charges to offerors shall prevail on the price factor.

2. If the electronic procurement platform will be awarded to the lowest responsible bidder, the platform vendor with the lowest aggregate fees and charges to offerors shall be the low bidder.

N.J. Admin. Code § 5:34-5.13

Adopted by 53 N.J.R. 501(a), effective 4/5/2021