N.J. Admin. Code § 17:12-2.9

Current through Register Vol. 56, No. 24, December 18, 2024

Section 17:12-2.9 - Lowest price, responsive procurements

(a) The Director may structure a procurement to award contract(s) to the bidder(s) submitting the lowest price proposal when it is determined that the best value is expected to result therefrom.

(b) When using the lowest price process, the following apply:

1. The factors and significant subfactors that establish the requirements of responsiveness shall be set forth in the RFP. The RFP shall specify that award will be made on the basis of the lowest calculated price of proposals meeting the factors and significant subfactors in the RFP.

2. Proposals are evaluated for responsiveness and ranked using only cost/price factors. Where pricing is calculated or ranked using formulas, utility models, or market baskets, the assigned Division staff member shall, prior to the opening of proposals, determine, document, and date-stamp such formulas, utility models, or market basket methodologies.

3. Bypass is not permitted, except on the basis of poor performance pursuant to N.J.A.C. 17:12-2.8.

4. Clarifications may occur pursuant to N.J.A.C. 17:12-2.7(e).

5. Negotiation is permitted pursuant to N.J.A.C. 17:12-2.7(j). For RFPs not having a negotiation component, pre-set formulas, utility models, or market basket methodologies, if applicable, shall be available to the public at the proposal opening event.

(c) The Division shall, upon conclusion of the evaluation of the proposals, prepare a written report with a recommendation for award for the Director's consideration.

(d) The Director shall review the award recommendation and documentation presented and may accept it, modify it, reject it, or refer the modified award recommendation and documentation back to the Division for additional consideration.

(e) The Director shall issue the notice of intent to award to all participating bidders. The notice of intent to award document sent to the scheduled contract awardee(s) shall include the identification of certification(s) and/or other essential documents that were not required to be included with the proposal but are required for contract award and a designated date when the required certifications and/or documents are due. A scheduled awardee's failure to comply within the time afforded shall constitute grounds for the Director's rescission of the notice of intent to award to the non-responding scheduled awardee. If the requested materials are not timely submitted, the Director may refer the matter back to the Division for consideration as to whether the scheduled award should proceed, with reconsideration of all pertinent factors, including the issue of assessment of costs incurred by the State as a result of the scheduled awardee's delay by, or the non-award of the contract to, the named awardee.

(f) In the event that the Director determines it is in the public interest or the State's interest to reject all proposals, the Director shall so notify all bidders.

N.J. Admin. Code § 17:12-2.9

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