Yellow Book Study Cards1 Flashcards
What are Extraordinary Unspecifiable Services?
Means those services which are specialized and qualitative in nature requiring expertise, extensive training, and proven reputation in a field of endeavor.
What is “Aggregation” ?
Means the sums expended or to be expended for the provision or performance of any goods or services with the same immediate purpose/task during the same calendar year.
A __________________ ______________ is a form of contract.
Purchase Order.
What is a concession?
Refers to where the contracting unit grants the license or right to act for or on behalf of them.
Professional Service Contracts may be awarded for a period not exceeding _______________ months and all other contracts may be awarded for a period of ____________________ consecutive months.
12 Months ; 24 Months.
How are contracts awarded for good and services where the cost in aggregate exceeds the bid threshold?
Contracts are awarded by RESOLUTION of the Governing Body.
Disqualification of a bidder shall be for what period of time?
A reasonable period of time not to exceed five (5) years.
What is Competitive Contracting?
Means the method of contracting for specialized goods or services in which FORMAL proposals are solicited from vendors; where FORMAL proposals are evaluated by the purchasing agent; and the Governing Body awards the contract o a vendor from among the proposals received.
The bid threshold for local government entity with a QPA is $__________________; and for those entities WITHOUT a QPA is $_____________________.
$36,500 ; $17,500
Upon the receipt of bid proposals by the local government contracting unit how many days do they have to award a contract?
Sixty (60) days, except where the government contracting unit has requested and received an extension for a longer period from the vendors.
A contract is awarded to what type of bidder?
The Lowest Responsible & Responsive.
Where does the authority to award contracts and reject bids rest?
With the Governing Body.
Name the two (2) concepts that form the historical basis for purchasing and describe them.
Dillon’s Rule - postulated by Judge Dillon that emphasized role and power of state being dominant. Was a strict constructionist approach.Cooley’s Doctrine - purported the role of local government in the relationship.The blending of the two concepts came to be known as “Home Rule”.
Any sample or model which is made part of a transaction creates this type of protection for the buyer.
Known as Express Warranty.
The Uniform Commercial Code (UCC) consists of how many articles? Name five.
Ten (10). 1) General Provisions. 2) Sales. a.Leasing of Personal Property. 3) Commercial paper. 4) Bank deposits and collections. 5) Letters of Credit. 6) Bulk Tranfers. 7) Warehouse receipts. 8) Investment securitites. 9) Secured Transactions, Sales of Accounts, Contract Rights. 10) Uniform Construction, Savings Clauses.
What is an extraordinary Unspecifiable service?
Means services which are specialized and qualitative in nature requiring expertise, extensive training, and proven reputation in the field of endeavor.
What are proprietary goods/services?
Means those goods & services of a specialized nature that may be made or marketed by a person or persons having the exclusive right to make or sell them when the need for such goods or services has been certified in writing by the governing body of the local unit as necessary for the conduct of its affairs.
How is the bid threshold adjusted?
The Governor, thru the Treasury Department, shall, no later than March 1st of every fifth year after the year in which P.L. 1999, C. 440 takes effect, adjust the threshold amount which the Governing Body is permitted to establish in direct proportion to the rise or fall of the index rate and shall round it to the nearest $1,000.
What is prior negative experience?
Means any of the following:1) bidder has been found, thru either court adjudication, arbitration, mediation, or other contractually stipulated alternative dispute resolution mechanism to have failed to provide or perform goods or services; failed to complete the contract in a timely manner, or otherwise performed unsatisfactorily under a prior contract with the local contracting unit.2) bidder defaulted on a contract thereby requiring the local unit to utilize the services of another contractor. 3) the bidder defaulted on a contract thereby requiring local unit to look to bidder’s surety for completion of the contract or tender of the costs of completion.4) bidder is debarred or suspended from contracting with agencies or departments of the executive branch of the State of New Jersey at the time of contract award, whether or not the action was based on experience with the local unit.
What is the period of time for a contract to be awarded by a local contracting unit?
Must be made within 60 days of the receipts of proposals, except where the proposals of any vendors who consent thereto, may, at the request of the contracting unit be held for consideration for such longer period of time as may be agreed to.
What is the period of time for advertising request for proposals on competitive contracting?
A notice of the availability of request for proposals shall be published in the official newspaper of the local unit at least 20 days prior to the date established for the submission of proposals. a) The contracting unit may charge a fee for the proposal documentation not to exceed $50.00 or the the cost of reproduction, whichever is greater.
What are the exceptions where a Governing Body may negotiate and award a contract without public advertising for bids?
A) subject matter consists of: 1) of Professional Services.2) the doing of any work by employees of the contracting unit.3) printing of legal briefs, records, & appendices to be used in a legal proceeding in which the local contracting unit may be a party.4) purchase of perishable foods as a subsistence supply.5) supplying of any product or the rendering of any service by a public utility which is subject to the jurisdiction of the Board of Public Utilities (BPU).6) acquisition of special equipment for confidential investigation, subject to prior approval of the State’s Attorney General.7) printing of bonds & documents necessary to the issuance and sale thereof y a contracting unit.8) equipment repair service if in the nature of an extraordinary unspecifiable service.9) publishing of legal notices in newspapers as required by law.10) acquisition of artifacts of historical character.11) goods & services required to conduct an election.12) insurance, including purchase of insurance coverage & consultant services.13) doing of work by handicapped individuals employed by a sheltered workshop.14) library & educational goods & services.15) marketing of recyclable materials recovers thru a recycling program.16) local unit towing & storage contracts.17) purchase of steam electricity.18) printing of municipal ordinances incurred with the revision & codification of municipal ordinances.19) agreement for purchase of interest in a water supply facility.20) contract for provision of water supply services.21) contract for provision of waste water treatment services.22) expenses for travel & conferences.23) proprietary computer hardware & software.24) operation of municipal airport.25) goods & services administered by the FCC.B) it is made or entered into with the United States of America, State of New Jersey, county or subdivision of.C) bids have been advertised foe on 2 occasions and no bids have been received or governing body has rejected such bids on 2 occasions because it was determined they are not reasonable or exceed estimate of local unit.D) contracting unit has solicited & received 3 quoted on materials / supplies for which State contract has been issued and the lowest quote is at least 10% less than identical State contract item.E) combined collection & marketing of recycled material recovered thru a recycling program.
What is an emergency contract?
Any contract awarded without public advertising for bids when an emergency affects the public health, safety, or welfare requires the immediate delivery of goods or performance of services.
Can contracts be divided to get under the bid threshold?
No contract in the aggregate which is single in character or which necessarily or by reason of the quantities required to effectuate the purpose of the contract includes the provision of services or goods, shall be divided so as to bring it or any of the parts thereof under the bid threshold (N.J.S.A. 40A11-7).
