Chapter 26 : Jorgensen Deck #1 Flashcards by John M Podesta

Name the 5 mandatory items included in a bid

Guarantee
Certifate from a Surety
Statement of Corporate Ownership
Listing of Subcontractors
Addenda

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Name the 5 types of cooperative purchasing systems

Cooperative Pricing
Joint Purchasing System
Commodity Resale System
County Cooeprative Contract Purchasing
State Contracts

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Name the (4) types of mistakes done on public works contracts and/or why you would grant a contractor to withdraw their bid

The enforcement of the contract, if actually made, would be unconscionable

The mistake relates to the material feature of the bid

The mistake occurred notwithstanding the fact that the bidder exercised reasonable care in preparation of the bid

The bidder making the mistake is able to get relief by way of withdrawing the bid without serious prejudice to the contracting unit

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Name the 5 major methods of vendor selection

Competitive Sealed Bidding
Competitve Contracting
Competitive Quotations
Proprietary Purchases
Emergency Purchases

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Responsive vs Responsible

Responsible : Able to complete the contracy in accordance with its requirements

Responsive : Conforming in all material respects

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Debarrment

Prior Negative Experience (Not necessarily with self, the WALL, LFN 2024-18)
Maxmimum of 5 years

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Lowest Price

The least possible amount that meets all requirements of the request of the contracting agent

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Proprietary

Goods or services of a specialized nature that may be made or marketed by persons having the
exclusive right to make or sell them when the need has been certified in writing by the
governing body of the contracting unit to be necessary for the conduct of its affairs

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Green Product

Any commodity or service that has a lesser or reduced negative effect on human health and the environment when compared to competing commodities or services

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Concession

Granting of a license or right to act for or on behalf of the contracting unit

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Threshold for Governing Body to award a fair and open contract

Yes-if over $300 must report to ELEC, but with prohibit them from being awarded non fair and
open if gave over $300 in prior year and during term of contract

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True or False

Under Equal Employment Opportunity (EEO) and Affirmative Action (AA) the local unit must name by resolution the Purchasing Agent as the Public Agency Compliance Officer (PACO):

False
- Maintenance/Construction Contracts
- After award, but before signing contract, contractor must submit a project workforce report to the PACO

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True or False

Local Unit Energy Savings Investment Program (ESIP) shall be submitted to the BPU for review and approval:

True

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True or False

Prior to operating, all local cooperative purchasing systems must be approved by the Division of Local Government Services:

True, renewing every 5 years

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True or False

Evaluating criteria and weighing factors in competitive contracting become public record

True-Eventually, only after the decision is made and notice of award is transmitted to governing body

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True or False

A “no conflict form” is required to be filled out for competitive contracts by the evaluating commitee

True

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True or False

Evaluation team for competitive contracting must file a “no conflict” form before proposals are evaluated

True

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True or False

Pursuant to law, one of the reasons for rejection of all bids is that the governing body of the contract decides to abandon the project

True

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True or False

In co-op, lead agency certifies funds

False - they do not certify funds, purchasing entity does ***

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True or false

Unforeseen circumstances can only postpone, not cancel a bid

True

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True or False

All 50 states use some form of the Uniform Construction Code

True

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True or False

An item valued below the quote threshold may be sole at private sale

True

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True or False

Insurance company is “for-profit” not non-profit

True

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True or False

In order to utilize competitive contracting you must have a Purchasing Agent designated or appointed by the Governing Body

True

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True or False Bid Thresholds, when adjusted by the LPCL are rounded to the nearest $1,000.00

True ***

True or False In addition to the formal written contract, the other form that can be used as a contract is a Purchase Order

True

True or False Nonprofit does not need a BRC

True

True or False Must dispose of assets the same way you acquire

tRUE - get approval of governing body if over threshold, must go to auction - formal

True or False Failure of a bidder to supply the Statemenet of Corporate Ownership is curable if it hapens prior to the date of contract award

False - This is a fatal flaw

True or False Contracting unit may not charge a fee for a copy of bid documents

False

True or False The Project Labor Agreement (PLA) may be included on construction projects over $5 million

True

True or False Nonprofit organizations are required to file a BRC

False

True or False The statutory change schedule for bid threshold is no later than MAy 1st of each year

False Every 5th year -> Mar 1st : Gov determines amt -> Jun 1st : Notification -> Jul 1st : Implemented

True or False BRC must be provided with bid

FalseT

True or False The governing body shall award all contracts above the quote threshold

FALSE

True or False Need a resolution by Governing Body if over bid threshold even if on state contract or co-op

True ***

True or False Under a disqualification for prior negative experience, the time must be for a specific time period but shall not exceed 5 years

True

True or False Local Units are permitted to use any GSA (General Service Agreement/Federal) Contract

False, Only... - Reprographic Equipment (Copiers) - Homeland Security - Confidential Law Enforcement Items

True or False A lease with an option to purchase contract shall provide for the acquisition at the beginning of the contract term

False, only true if at end of contract term

True or False In competitive contracting, the evaluating committee can include any new info obtaine during internviews with proposers

False Proposers cannot include any new information during interviews only what;s included in their proposal

True or False Value Engineering Construction Change Order only apply to contracts over $5,000,000;00

True

True or False All specs for Public Works shall include a fixed date by which the contract must be completed or a fixed number of working days

True

True or False All contract must be executed in writing

True

True or False The State of NJ has adopted the UCC

True

True or False In Cooperative Priicing System Contracts, lead agency must certify funds

False

True or False No bids can be recieved after the time designated in the advertisment

True

True or False An emergency procurement report does not have to be filed (with DLGS) if the governor declares a state of emergency

True - Exigency

True or False Change Orders may serve the purpose of escalation (price) change adjustments

False - Change Order can be used for change in commodity and change in circumstances, NOT price

When vendors participate in determining prices at different levels of distribution, they are engaging in what?

Vertical Price Fixing

Number of days prior to receipt of bids that a sealed bid contract must be advetised

10 Days

When vendors participate in determining prices at different levels of distribution, they are engaging in...

Vertical Price Fixing

A concession may be awardrd to which of the following without a formal process

Non-profit

Pursuant to law, the number of days after opening bids to accept proposal

60 days

The number of days prior to the receipt of proposals for competitive contracting is to be advertisted for

20 days

Number of consecutive months a professional services contract shall be for

12 months

The initial number of consecutive months that a contract for goods and services shall be for

24 months

Pursuant to Pay to Play provisions, a ... is something that affects public health, safety, and welfare f the citizenry

Exigency (Emergency Contracts)

3 competitive contracting evaluation critieria

1. Cost-related 2. Technical critieria 3. Managerial criteria

The number of days prior to receipt for collection of solid waste must be advertised

60 days

Basic concepts of Capital Budget

Amount Reserved Total Costs Including Future Costs

Under what circumstances may specifically state brand name or equiviilant

Need to know at least one equivilant

Where an addendum must be published for solid waste

2 newspapers -> 1 in NJ paper -> 1 in Local paper

Addenda for specification change, must notify bidders how many days prior

5 days (Sat, Sun, Holidays excluded)

A change order is limited to ... % of the original contract (without governing body approval)

20%

How many bids must be recieved in order to award a contract?

In regards to change orders, what is meant by the term "remaining amount"?

The value of similar items for the remainder of the current year and subsequent year

In any given month as work progresses on a construction project, what is the minimum number of payments?

One payment per month monimum

What is number of years a garbage contract can be awarded for?

5 years

What is the prevailing wage threshold for special authorities and fire districts?

$ 2,000.00

What is the prevailing wage amount for municipalities?

$ 16,263.00 (For exam) $ 19,375.00 ???

What is the lenght for a contract for professional services? What is the length for a contract for goods and services?

Professional Services : 12 months Goods & Services : 24 months

How many days do you need for legal advertising?

Goods & Services : 10 days Competitive Contracting : 20 days Solid Waste : 60 days

List the (4) prime subcontractors

Structural Steel & Iron HVAC Plumbing Electric

What are considered mistakes when it comes to a Public Works contract?

Clerical Error Computational Error Unintentional Error or Omission

PWCR is tied into prevailing wage how?

Public Works Contract REgistration Act (PWCRA) Must list all subcontractors

What is the first step in competitive contracting?

Resolution of the governing body

Who is responsible for prepaping SDA & GHS ?

Manufacturer

FOB Destination

Seller Pays Most adventageous Ownshership transfers upon delivery

What is the most common type of contract?

Firm Fixed Pricing

Define "encumbrance"

Reserving funds from the budget TAD # 1

Define Horizontal Price Fixing

Illegal Arrangement Among Vendors to change the same price for an item

Define Vertical Price Fixing

Illegal arrangement in whihc parties and different levels of a system of production and distribution act to fix the market price of goods

Main purpose of the UCC

Uniformity

Basis of payment in New Jersey

Voucher

Tie In

Requires additional purchase Example : "If you buy paper, theyll give you free toner"

Market Division

Selling in an assigned area Not allowed, this is an example of bid rigging

P-Card Usage

Each transaction cannot exceed 15% of the bid threshold ($6,600.00 for exam) unless the QPA is appointed the Program Manager (LFN 2013-17)

Alternative Dispute Resolution (ADR)

Mediation Arbitration Binding Arbitration (police contracts - arbitor decides one side or the other : no negotation) AAA (American Arbitration Association)

Bid Threshold Adjustment

Every (5) Years Rounded to the nearest 1,000th March 1 - Gov determines amt June 1 - Notification July 1 - Implementation

Pay-To-Play Political Contribution Limit

$ 300.00 Must be filed by vendor to ELEC (Election Law Enforcement Committee)

Value Engineering

$ 5,000,000.00 threshold After bid is recieved but prior to getting contracts, you may "value engineer" the project by changing the specs Governing body can say yes or no Purpose-share savings

Quote Threshold

15% of bid threshold Need (2) quotes if over this threshold

Percent of retainage on construction projects

What is price "and other factors" used in decidiing award?

Competitive Contracting (RFP's - 'weighing') Quotes Tie bid

If the governor declares a state of emergency, that is a public ...

Exigency, Emergency delcaration report is no longer required

IF you find a price with a 10% or greater savings from State Contract, can you use it?

Yes, must notify DCA/DLGS

Who must you notify if bid rigging is suspected?

County Prosecutor Attorney General

Bid Threshold (for exam)

QPA : $ 44,000.00 (not 53) No QPA : $ 17,500.00

If a propriteary item is needed and vendor won't give a BRC, can you use it? Who must be notified

Yes, notify the Division of Revenue

What is the first step in competitive contracting?

Resolution of the governing body

Pay-To-Play Purchasing Threshold

$ 17,500.00

How do you ensure peformance or quality?

Warranty

GHS

Globally Harmonized System System for standardizing and harmonizing the classification and labeling of chemicals It is NOT a regulation or standard United Nations

Life Cycle Analysis

Minimize expenditures by basing purchasing decisions on a variety of factors affecting the cost over the life of the product

Value Analysis is a balance of performance, cost, and supply, used to...

Maintain rising costs keep up with technology satisfy customers lower cost of ownership improve quality

List acceptable forms of bid guarantee

Bid Bond Certified Check Cashiers Check Bank Check Treasurers Check Money Order NOT Personal Check

List (6) mandatory items that need to be inccluded in a bid

Bid Guarantee Certification of Surety Stockholder Disclosure (Statement of Corportate Ownership) Listing of subcontractors Acknowledgement of addenda Iran Disclosure

List (5) things required in the public notie for advertising bids (NJSA 40A:11-23(b))

Date Time Locaotion Manner of submitting Method of receiving

List (6) reasons to reject a bid

Lowest bid exceeds estimate Lowest bid exceeds appropriation Gov Body adandons project Substantial revision to scope of project Purpose of law is being violated Using State Contract

List (5) examples of when no advertising for bids is required (40a:11-36(2))

What selling to... USA State of NJ Another contracting unit Political body which contributes to tax raised funds foreigh nation with diplomatic relations to US Any government unit in US

Examples of Energy Star (Partnership between EPA & Dept of Energy)

□ Air conditioners □ Appliances □ Boilers □ Chillers □ Computers □ Copier □ Fax machines □ Monitors □ Printers □ Scanners □ Furnaces □ Florescent lighting

List (5) things that are considered a concession (NJAC 5:34-9.4(b))

1.) Installation of “Welcome to” signs on bublic property 2.) Use of public space for advertising 3.) Copy machines in library for public use 4.) Right to sell goods or services on public property 5.) Vending machines for public facilities

List (5) examples of multi-year contracts (40a:11-15)

1.) Data processing 2.) Plowing and removal of snow 3.) Collection and disposal of recyclables, solid wast and sewage 4.) Laundry services/uniform rental 5.) Fuel for generating electricity 6.) Provision of water supply services 7.) Towing 8.) Leasing of autos, machinery, equipment 9.) Basic life support

List (5) examples of exceptions to bidding (40a:11-5)

1.) Furnishing or tax map 2.) Advertisements 3.) Insurance 4.) Printing legal briefs 5.) Professional services 6.) Work performed by employees 7.) Goods/services for elections

Purposes competitive contracting may be used by local units in lieu of public bidding

□ Concessions (signs on fences, ice cream trucks) □ Laboratory testing □ Homemaker health services □ Proprietary software □ Emergency medical services □ Contracted food services □ Maintenance, custodial and grounds keeping services □ Consulting services □ Animal control services □ Property appraisal services □ Reassessment or re-evaluation services □ Grant writing services □ Emergency medical billing services

List (5) types of local government

County Municipality School District Local Authories Special Districts

(5) types of municipalites

City Town Township Village Borough

Chapter 26 : Jorgensen Deck #1 Flashcards

(117 cards)