ANSWERS
Contracting UNIT - - CORRECT ANSWER Any county; municipality; or board, commission,
committee, authority or agency, which is not a State board, commission, committee, authority which
has statutory power to make purchases and enter into contracts awarded by a contracting unit for
goods and services;
Contracting AGENT - - CORRECT ANSWER means the governing body of a contracting unit,
or its designee, who prepares advertisements, advertises and receives bids and makes awards in
connection with purchase, contracts or agreements.;
Professional services - - CORRECT ANSWER means services rendered or performed by a
person authorized by law to practice a recognized profession, whose practice is regulated by law, and
the performance of which services requires knowledge of an advanced type in a field of learning
acquired by a prolonged formal course of specialized instruction and study as distinguished from
general academic instruction or apprenticeship and training. Professional services may also mean
services rendered in the provision or performance of goods or services that are original and creative in
character in a recognized field of artistic endeavor.;
EUS "Extraordinary unspecifiable services" - - CORRECT ANSWER means services which
are specialized and qualitative in nature requiring expertise, extensive training and proven reputation
in the field of endeavor.;
Work - - CORRECT ANSWER includes services and any other activity of a tangible or
intangible nature performed or assumed pursuant to a contract or agreement with a contracting unit.;
Aggregate - - CORRECT ANSWER means the sums used or to be used for the delivery or
performance of any goods or services in connection with the same immediate purpose or task, or the
furnishing of similar goods or services, during the same contract year through a contract awarded by a
contracting agent.;
"Aggregate or aggregation" - CORRECT ANSWER means the sum spent for any goods or
services during the same contract year.;
,Reasons for rejection of bids/offer - - CORRECT ANSWER Contracting unit MAY reject all
bids for any of the following reasons:
a. The lowest bid substantially exceeds the cost estimates for the goods or services;
b. The lowest bid substantially exceeds the contracting unit's appropriation for the goods or services;
c. The governing body of the contracting unit decides to abandon the project for provision or
performance of the goods or services;
d. The contracting unit wants to substantially revise the specifications for the goods or services;
e. The purposes or provisions or both of P.L.1971, c.198 (C.40A:11-1 et seq.) are being violated;
f. The governing body of the contracting unit decides to use the State authorized contract pursuant to
section 12 of P.L.1971, c.198 (C.40A:11-12).
Reasons you MAY reject a bid - CORRECT ANSWER 1) failure to submit required bid
guarantee or required consent of surety.
2) Lacks requested information
3) Does not meet the technical specs of the IFBs/RFPs
4) Bid is received late
5) Violates conflict of interest laws
6) Bid not submitted in required format;
Required mandatory items for bid plans, specification - reasons for MANDATORY rejection -
CORRECT ANSWER 1) Bid guarantee
2) Certificate of Surety
3) Statement of ownership
4) Listing of subcontractors
5) Signed addendum, even if no addenda issued;
Lowest responsible bidder or vendor - - CORRECT ANSWER means the bidder or vendor: (a)
whose response to a request for bids offers the lowest price and is responsive; and (b) who is
responsible.
Purchase order - - CORRECT ANSWER means a document issued by the contracting agent
authorizing a purchase transaction with a vendor to provide or perform goods or services which will
result in payment by the contracting unit. (A purchase order is an offer to purchase that becomes a
contract when accepted by the seller).;
,Purchasing agent - - CORRECT ANSWER means the individual duly assigned the authority,
responsibility, and accountability for the purchasing activity of the contracting unit, and who
possesses a qualified purchasing agent certificate.;
Quotation - - CORRECT ANSWER means the response to a formal or informal request made
by a contracting agent by a vendor for provision or performance of goods or services, when the
aggregate cost is less than the bid threshold. Quotations may be in writing, or taken verbally if a
record is kept by the contracting agent.;
Responsible - - CORRECT ANSWER means able to complete the contract in accordance with
its requirements, including but not limited to requirements pertaining to experience, moral integrity,
operating capacity, financial capacity, credit, and workforce, equipment, and facilities availability.;
Responsive - - CORRECT ANSWER means conforming in all material with respect to the
terms and conditions, specifications, legal requirements, and other provisions of the request.;
Concession - - CORRECT ANSWER means the granting of a license or right to act for or on
behalf of the contracting unit, or to provide a service requiring the approval or endorsement of the
contracting unit, and which may or may not involve a payment or exchange, or provision of services
by or to the contracting unit;.
Examples of concession - CORRECT ANSWER 1) Food and services catering contract on the
public property
2) Vending machines on the public property
3) Maps and Newsletter on the public property
4) WELCOME sign on the Public property
5) Printers and copiers on the library
6) The right to sell goods and services on public property
Index rate - - CORRECT ANSWER means the rate of annual percentage increase, rounded to
the nearest half-percent. (proceeding 12 mth)
, Proprietary - - CORRECT ANSWER an item produced and marketed by a person or company
having the exclusive right to manufacture and sell it. (when the need for such goods and services has
been certified in writing by governing body to be necessary for the conduct of its affairs.);
Two (2) important elements of proprietary: - CORRECT ANSWER 1)"Specialized nature" -
means that the purpose to which the goods or services will be used has such unique characteristics that
only the goods or services of a single vendor are capable of meeting the contracting unit's needs.
i. The use of a good or service other than the proprietary one will undermine the functionality or
operational performance of existing facilities; or
ii. The good or service is patented and the patented feature is essential for operational performance.
2)"Necessary for the conduct of its affairs" - means that the public need for the proprietary
designation is of such a compelling nature that the value to the public that is gained by the proprietary
designation overshadows the public benefit of permitting "brand name or equivalent" and the benefits
of such competition.
i. The contracting unit has a substantial investment in facilities, training, replacement parts, or
complimentary items that warrants reliance on a specific manufacturer or vendor to maintain the value
of the investment.
ii. Unique circumstances as to a facility or environment preclude the use of other goods or services. ;
Mistake - - CORRECT ANSWER means, for a public works project, a clerical error that is an
unintentional and substantial computational error or an unintentional omission of a substantial
quantity of labor, material, or both, from the final bid computation.;
Procurement Cards - - CORRECT ANSWER Electronic procurement cards - (QPS's are now
designated "program manager") can be used for three general transactions:
1) Subscriptions, conference registration
2) Over the Internet
3) When less than the threshold set by local unit
4) Transactions cannot exceed 15% of bid threshold unless the QPA is certified by DLGS as program
manager.
5) Cannot use for travel, dining & room and board expenses; only exception is for defendants,
witnesses or experts required for matter before the courts.
- P-Cards are issued in the name of specific individual upon completion of required training.
- Can be used for national co-ops who require vendor payment by P-Card. (normally don't accept
P.O's)