New Jersey § 52:25-23

§ 52:25-23.

The Director of the Division of Purchase and Property may, by written order, delegate

purchasing authority to the using agencies for purchases or contracts not in excess

of $150,000 beginning on the effective date of P.L.2021, c. 412, 1 $200,000 beginning on January 1, 2023, and $250,000 beginning on January 1, 2024

and thereafter ; except that: a. Purchases or contracts shall not be divided to circumvent the dollar limit imposed

by this section; b. Prior to issuing purchase orders pursuant to this section, a using agency shall

verify the existence of funds for the purchase or contract and shall verify that the

article or service to be purchased or contracted for is not available under any of

the contracts issued by the Division of Purchase and Property; and c. Records of all purchases made or contracts negotiated under this section shall

be maintained by the using agency and made available for audit by or under the direction

of the Director of the Division of Purchase and Property and shall include proper

proof that the purchase or contract was made or negotiated competitively, where competition

is practicable. The Director of the Division of Purchase and Property may, by written order, rescind

or reduce the level of purchasing authority delegated to any using agency determined

by the director to have violated the provisions of the delegated authorization. d. The director may, by written order, delegate purchasing authority to a specific

agency for advertisement of purchases or contracts not in excess of $1,000,000 , subject to the requirements set forth in this section ; (1) when the director has determined that such purchases or contracts are for the procurement

of goods or services which are unique to the operations of that particular using agency

and are not common or similar to goods or services used by other State agencies and,

therefore, are not suitable for leveraging with other State agency procurements ; or (2) when a public exigency exists, such as when a public health emergency, pursuant

to the “Emergency Health Powers Act,” P.L.2005, c. 222 ( C.26:13-1 et seq. ), or a state of emergency, pursuant to P.L.1942, c. 251 (C.App.A:9-33 et seq.), has

been declared by the Governor and is in effect. 1

L.2021, c. 412, eff. Jan. 18, 2022.