N.J. Admin. Code § 5:34-2.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 5:34-2.3 - Procedures for implementation of the exception

(a) If the estimated cost or price exceeds the 15 percent of the bid threshold of N.J.S.A. 40A:11-6.1a or 18A:18A-37a, quotations as to the cost or price must be solicited by the contracting agent whenever practicable, and the contract shall be awarded in accordance with the requirements of N.J.S.A. 40A:11-6.1a or 18A:18A-37a.

(b) Before the governing body awards a contract under the EUS provisions which exceeds the bid threshold established in accordance with N.J.S.A. 40A:11-6.1b or 18A:18A-37b, a designated administrative official of the contracting unit must file a certificate with the governing body clearly describing the nature of the work to be done, stating that it is not reasonably possible to draft specifications, describing the informal solicitation of quotations, and describing in detail why the contract meets the provisions of the statute and these rules. A mere recitation of the language in the statute shall not be sufficient for this purpose. A standard certification format is available from the Division of Local Government Services and must be utilized. The certification must be kept with the resolution awarding the contract.

(c) The governing body, in addition to stating the supporting reasons for its action in the resolution awarding the contract, shall place a notice of the action in an official newspaper pursuant to 40A:11-5(1)(a) and 18A:18A-5(a)(2).

N.J. Admin. Code § 5:34-2.3

Amended by R.2000 d.485, effective 12/4/2000.
See: 32 New Jersey Register 3237(a), 32 New Jersey Register 4300(a).
Changed N.J.S.A. references throughout; in (a), substituted "15 percent of the bid" for "informal quotation" following "exceeds the"; and rewrote (c).