During this upcoming week the Division of Local Government Services will be issuing guidance on emergency procurement but in the interim we call your attention to Local Finance Notice 2018-20 specifically, page 3 and 5. As a reminder, in circumstances where an emergency affecting the public health, safety or welfare requires the immediate delivery of goods or the performance of services, a contract may be awarded without public bidding regardless of the bid threshold. N.J.S.A. 40A:11-6 and N.J.A.C. 5:34-6.1. Pursuant to N.J.S.A. 19:44A-20.12, contracts awarded under such circumstances are excepted from Pay-to-Play due to public exigency.
As a reminder, N.J.A.C. 5:34-9.3 outline the procedures to cancel or postpone the receipt of bids or proposals.
We suggest you review this material with your procurement official, administrator and attorney.
Contact: Lori Buckelew, Senior Legislative Analyst, lbuckelew@njlm.org
