reglab/housing_qa huggingface dataset:
NJ Rev Stat § 18A:18A-26 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:18A-26 - Classification of bidders as requisite to bidding

18A:18A-26. Classification of bidders as requisite to bidding  Every board of education shall require that all persons proposing to bid on any contract requiring public advertisement for bids with the board for public work, the entire cost whereof will exceed $20,000.00, shall first be classified in accordance with article 6 of this chapter as to the character and amount of public work on which they shall be qualified to submit bids. So long as such requirement is in effect, the board of education shall accept such bids only from persons qualified in accordance with such classification. L.1977, c. 114, s. 1, eff. June 2, 1977. Amended by L.1983, c. 266, s. 2, eff. July 14, 1983.
NJ Rev Stat § 18A:18A-26.1 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:18A-26.1 - Board of education may use electronic procurement processes.

18A:18A-26.1 Board of education may use electronic procurement processes.  10. Notwithstanding any provisions of the "Public School Contracts Law," N.J.S.18A:18A-1 et seq. to the contrary, a board of education may use electronic procurement processes for public works construction contracts, pursuant to the requirements of section 4 of P.L.2020, c.59 (C.52:34A-4).  L.2020, c.59, s.10.
NJ Rev Stat § 18A:18A-27 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:18A-27 - Regulations for qualifications of prospective bidders.

18A:18A-27 Regulations for qualifications of prospective bidders.  18A:18A-27. The State Treasurer may establish reasonable regulations appropriate for controlling the qualifications of prospective bidders upon contracts for public works, the entire cost whereof will exceed the bid threshold, by the amount, class or category of goods or services to be provided or performed which may fix the qualifications required according to the financial ability and experience of the bidders and the capital and equipment available to them pertinent to and reasonably related to the class or category of goods or services to be provided or performed in the performance of any such contract, and may require each bidder to furnish a statement thereof. Such regulations shall be written in a manner: a. Which will not unnecessarily discourage full, free and open competition; or b. Which will not unnecessarily restrict the participation of small business in the public bidding process; or c. Which will not create undue preferences; or d. Which will not violate any other provision of this chapter, or any other law. No qualification rating of any bidder shall be influenced by the bidder's race, religion, sex, national origin, nationality or place of residence. Such regulations shall not be effective unless they have been adopted as provided in the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). L.1977, c.114; amended 1983, c.266, s.3; 1999, c.440, s.71.
NJ Rev Stat § 18A:18A-27.1 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:18A-27.1 - Prequalification of certain persons performing school construction management services.

18A:18A-27.1 Prequalification of certain persons performing school construction management services.  1. Notwithstanding the provisions of N.J.S.18A:18A-5 or any other section of law to the contrary, any person who performs construction management services for a school facilities project constructed by a school district, which services have a cost in excess of the bid threshold amount specified in N.J.S.18A:18A-3, shall be prequalified by the Division of Property Management and Construction in the Department of the Treasury. This requirement shall not apply to construction management services performed by a full-time employee of a school district. L.2003,c.302,s.1.
NJ Rev Stat § 18A:18A-28 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:18A-28 - Application for classification; fee

18A:18A-28. Application for classification; fee  Any person desiring such classification shall file with the department a statement under oath in response to a questionnaire, prepared and standardized for like classes of work, by the department together with a fee of $10.00. The statement shall develop fully the financial ability, adequacy of plant and equipment, organization and prior experience of the prospective bidder, and also such other pertinent and material facts as may be deemed desirable. L.1977, c. 114, s. 1, eff. June 2, 1977.
NJ Rev Stat § 18A:18A-29 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:18A-29 - Classification by classes; notice to applicants

18A:18A-29. Classification by classes; notice to applicants  The department shall classify all such prospective bidders as to the character and amount of public work contracts on which they shall be qualified to submit bids. The department shall consider reports filed by boards of education pursuant to 18A:18A-15 as a basis for denial of a favorable classification to all prospective bidders. The classification shall be made and an immediate notice thereof shall be sent to the prospective bidder or bidders by registered mail within a period of 15 days after the date of receipt of the statement in response to the questionnaire; provided, however, that if the department shall require additional information from the prospective bidder, the classification shall be made and the notice sent within 15 days after receipt of such additional information. L.1977, c. 114, s. 1, eff. June 2, 1977.
NJ Rev Stat § 18A:18A-30 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:18A-30 - Appeal from determination as to classification; hearings; change

18A:18A-30. Appeal from determination as to classification; hearings; change  Any person, after being notified of his classification, being dissatisfied therewith or with the classification of another person or persons, may request in writing a hearing before the department, and may present such further evidence with respect to his financial ability, plant and equipment or prior experience, or that of the other person or persons, as might tend to justify a different classification. Where the request for a hearing is related to the classification of another person, the applicant for the hearing shall notify such other person, by registered mail, of the time and place of hearing and at the hearing shall present to the department satisfactory evidence that such notice was given before any matters pertaining to the classification of such other person shall be taken up. After the hearing the department may change or affirm the classification or classifications, the subject of the hearing. L.1977, c. 114, s. 1, eff. June 2, 1977.
NJ Rev Stat § 18A:18A-31 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:18A-31 - Change in classification as affecting bids; review and reconsideration of classification

18A:18A-31. Change in classification as affecting bids; review and reconsideration of classification  Where there have been developments subsequent to the qualification and classification of a bidder which in the opinion of the board of education would affect the responsibility of the bidder, information to that effect shall forthwith be transmitted to the department for its review and reconsideration of the classification. Before taking final action on any such bid, the board of education concerned shall notify the bidder and give him an opportunity to present to the department any additional information which might tend to substantiate the existing classification. L.1977, c. 114, s. 1, eff. June 2, 1977.
NJ Rev Stat § 18A:18A-32 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:18A-32 - Bidders not submitting statements within one year ineligible to bid; affidavit of no change in status to accompany bid; reports as to performance, etc.

18A:18A-32. Bidders not submitting statements within one year ineligible to bid; affidavit of no change in status to accompany bid; reports as to performance, etc.  No person shall be qualified to bid on any public work contract with the board of education, the entire cost whereof will exceed $20,000.00, who shall not have submitted a statement as required by N.J.S. 18A:18A-28 within a period of one year preceding the date of opening of bids for such contract. Every bidder shall submit with his bid an affidavit that subsequent to the latest such statement submitted by him there has been no material adverse change in his qualification information except as set forth in said affidavit. L.1977, c. 114, s. 1, eff. June 2, 1977. Amended by L.1983, c. 266, s. 4, eff. July 14, 1983.
NJ Rev Stat § 18A:18A-33 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:18A-33 - Penalties for false statements

18A:18A-33. Penalties for false statements  Any person who makes, or causes to be made, a false, deceptive or fraudulent statement in the questionnaire required to be submitted, or in the course of any hearing under this article shall be guilty of a misdemeanor, and upon conviction shall be sentenced to pay a fine of not less than $100.00 nor more than $1,000.00; or, in the case of an individual or the officer or employee charged with the duty of making such questionnaire for a person, firm, copartnership, association or corporation, to pay such fine or undergo imprisonment, not exceeding 6 months, or both. All such persons and any copartnership, association, corporation or joint stock company of which any such person is a partner or officer or director, and any corporation of which he owns more than 25% of the stock, shall for 5 years from the date of such conviction be disqualified from bidding on all public work in this State. The board of education shall cause the forfeiture as liquidated damages to the board of any certified check or certificate of deposit deposited as bid security by any person who makes or causes to be made any false, deceptive or fraudulent statement in the questionnaire or bid affidavit required to be submitted, or in the course of any hearing under this chapter. L.1977, c. 114, s. 1, eff. June 2, 1977.
NJ Rev Stat § 18A:18A-36 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:18A-36 - Time for making awards, deposits returned.

18A:18A-36 Time for making awards, deposits returned.  18A:18A-36. Time for making awards, deposits returned. a. The board of education shall award the contract or reject all bids within such time as may be specified in the invitation to bid, but in no case more than 60 days, except that the bids of any bidders who consent thereto may, at the request of the board of education, be held for consideration for such longer period as may be agreed. All bid security except the security of the three apparent lowest responsible bidders shall, if requested, be returned after 10 days from the opening of the bids, Sundays and holidays excepted and the bids of such bidders shall be considered as withdrawn. Within three days after the awarding of the contract and the approval of the contractor's performance bond the bid security of the remaining unsuccessful bidders shall be returned to them forthwith, Sundays and holidays excepted. b. The contract shall be signed by all parties within the time limit set forth in the specifications, which shall not exceed 21 days, Sundays and holidays excepted, after the making of the award; provided, however, that all parties to the contract may agree to extend the limit set forth in the specifications beyond the 21-day limit required in this subsection. The contractor, upon written request to the board of education, is entitled to receive, within seven days of the request, an authorization to proceed pursuant to the terms of the contract on the date set forth in the contract for work to commence, or, if no date is set forth in the contract, upon receipt of authorization. If for any reason the contract is not awarded and the bidders have paid for or paid a deposit for the plans and specifications to the board of education, the payment or deposit shall immediately be returned to the bidders when the plans and specifications are returned in reasonable condition within 90 days of notice that the contract has not been awarded. L.1977, c.114; amended 1999, c.440, s.72.
NJ Rev Stat § 18A:18A-37 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:18A-37 - Award of purchases, contracts or agreements.

18A:18A-37 Award of purchases, contracts or agreements.  18A:18A-37. Award of purchases, contracts or agreements. All contracts enumerated in this section shall be awarded as follows: a. For all contracts that in the aggregate are less than the bid threshold but 15 percent or more of that amount, and for those contracts that are for subject matter enumerated in subsection a. of N.J.S.18A:18A-5, except for paragraph (1) of that subsection concerning professional services and paragraph (3) of that subsection concerning work by employees of the board of education, the purchasing agent shall award the contract after soliciting at least two competitive quotations, if practicable. The award shall be made to a vendor whose response is most advantageous, price and other factors considered. The purchasing agent shall retain the record of the quotation solicitation and shall include a copy of the record with the voucher used to pay the vendor. b. When in excess of the bid threshold, and after documented effort by the purchasing agent to secure competitive quotations, a contract for extraordinary unspecifiable services may be awarded when the purchasing agent has determined in writing that solicitation of competitive quotations is impracticable. Any such contract shall be awarded by resolution of the board of education. c. If authorized by the board of education by resolution, all contracts that are in the aggregate less than 15 percent of the bid threshold may be awarded by the purchasing agent without soliciting competitive quotations. d. Whenever two or more responses to a request of a purchasing agent offer equal prices and are the lowest responsible bids or proposals, the board of education may award the contract to the vendor whose response, in the discretion of the board of education, is the most advantageous, price and other factors considered. In such a case, the award resolution or purchase order documentation shall explain why the vendor selected is the most advantageous. L.1977, c.114; amended 1983, c.171, s.6; 1999, c.440, s.73.
NJ Rev Stat § 18A:18A-40 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:18A-40 - Form and execution of contracts and bonds.

18A:18A-40 Form and execution of contracts and bonds.  18A:18A-40. Form and execution of contracts and bonds. All contracts for the provision or performance of goods or services shall be in writing. The State Board of Education may, subject to the requirements of law, prescribe the forms and manner in which contracts shall be made and executed, and the form and manner of execution and approval of all guarantee, indemnity, fidelity and other bonds. L.1977, c.114; amended 1999, c.440, s.74.
NJ Rev Stat § 18A:18A-40.1 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:18A-40.1 - Partial payments.

18A:18A-40.1 Partial payments.  1. Any contract, the total price of which exceeds $100,000.00, entered into by a board of education involving the construction, reconstruction, alteration, repair or maintenance of any building, structure, facility or other improvement to real property, shall provide for partial payments to be made at least once each month as the work progresses, unless the contractor shall agree to deposit bonds with the board of education pursuant to section 2 of P.L.1987, c.343 (C.18A:18A-40.2).  L.1987,c.343,s.1; amended 1999, c.440, s.75.
NJ Rev Stat § 18A:18A-40.2 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:18A-40.2 - Withholding, deposit of negotiable bearer bonds, notes

18A:18A-40.2. Withholding, deposit of negotiable bearer bonds, notes  Whenever any contract, the total price of which exceeds $100,000.00, entered into by a board of education for the construction, reconstruction, alteration or repair of any building, structure, facility or other improvement to real property, requires the withholding of payment of a percentage of the amount of the contract, the contractor may agree to the withholding of payments in the manner prescribed in the contract, or may deposit with the board of education negotiable bearer bonds of the State of New Jersey, or negotiable bearer bonds or notes of any political subdivision of the State, the value of which is equal to the amount necessary to satisfy the amount that otherwise would be withheld pursuant to the terms of the contract. The nature and amount of the bonds or notes to be deposited shall be subject to approval by the board of education. For purposes of this section, "value" shall mean par value or current market value, whichever is lower.  If the contractor agrees to the withholding of payments, the amount withheld shall be deposited, with a banking institution or savings and loan association insured by an agency of the federal government, in an account bearing interest at the rate currently paid by such institutions or associations on time or savings deposits. The amount withheld, or the bonds or notes deposited, and any interest accruing on such bonds or notes, shall be returned to the contractor upon fulfillment of the terms of the contract relating to such withholding. Any interest accruing on cash payments withheld shall be credited to the board of education.  L. 1987,c.343, s.2.
NJ Rev Stat § 18A:18A-40.3 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:18A-40.3 - Withholding of partial payments.

18A:18A-40.3 Withholding of partial payments.  3. With respect to any contract entered into by a board of education pursuant to section 1 of P.L.1987, c.343 (C.18A:18A-40.1) for which the contractor shall agree to the withholding of payments pursuant to section 2 of P.L.1987, c.343 (C.18A:18A-40.2), 5% of the amount due on each partial payment shall be withheld by the board of education pending completion of the contract if the contractor does not have a performance bond. If the contractor does have a performance bond, 2% of the amount due on each partial payment shall be withheld by the board of education when the outstanding balance of the contract exceeds $500,000, and 5% of the amount due on each partial payment shall be withheld by the board of education when the outstanding balance of the contract is $500,000 or less.  L.1987,c.343,s.3; amended 1993, c.18; 1999, c.440, s.76.
NJ Rev Stat § 18A:18A-41 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:18A-41 - Liquidated damages; void provisions as to contractor's remedies

18A:18A-41. Liquidated damages; void provisions as to contractor's remedies  18A:18A-41. Liquidated damages. Any contract made pursuant to chapter 18A of Title 18A of the New Jersey Statutes may include liquidated damages for the violation of any of the terms and conditions thereof or the failure to perform said contract in accordance with its terms and conditions, or the terms and conditions of chapter 18A of Title 18A of the New Jersey Statutes. Notwithstanding any other provision of law to the contrary, it shall be void, unenforceable and against public policy for a provision in a contract entered into under Chapter 18A of Title 18A of the New Jersey Statutes to limit a contractor's remedy for the contracting unit's negligence, bad faith, active interference, tortious conduct, or other reasons uncontemplated by the parties that delay the contractor's performance, to giving the contractor an extension of time for performance under the contract. For the purposes of this section, "contractor" means a person, his assignees or legal representatives with whom a contract with a contracting unit is made. L.1977, c.114; amended 1999, c.440, s.77; 2001, c.206, s.2.
NJ Rev Stat § 18A:18A-42.2 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:18A-42.2 - Report to board on school district contracts.

18A:18A-42.2 Report to board on school district contracts.  1. a. By July 1 of each school year, the school business administrator shall submit a written report to the board of education on school district contracts. The report shall include: a list of all district contracts that will be awarded, subject to renewal, or expire during the school year; and an explanation of all applicable federal and State laws, rules, and regulations relating to those contracts.  b. Prior to the execution, extension, or renewal of any school district contract that was not included in the report prepared pursuant to subsection a. of this section, the school business administrator shall notify the board of education in writing of all applicable federal and State laws, rules, and regulations relating to the contract. L.2015, c.47, s.1.
NJ Rev Stat § 18A:18A-43 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:18A-43 - Supervision of school building repairs

18A:18A-43. Supervision of school building repairs  Repairs of all school buildings shall be supervised by the business manager of the district, if there be one, as provided by N.J.S. 18A:17-28, but if the district has no business manager, the board may delegate such power to any appropriate officer of the board as provided by N.J.S. 18A:16-1.2. L.1977, c. 114, s. 1, eff. June 2, 1977.
NJ Rev Stat § 18A:18A-44 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:18A-44 - Inspection, condemnation and rejection of work and materials.

18A:18A-44 Inspection, condemnation and rejection of work and materials.  18A:18A-44. All goods and services provided or performed under contract shall be inspected by the purchasing agent of the district, if there be a purchasing agent of the district, but if there be no purchasing agent of the district, they may be inspected by an appropriate officer employed by the board to whom such power shall have been delegated by the board, and subject to the approval of the board the purchasing agent or such officer, as the case may be, shall condemn any goods or services which in his judgment do not conform to the specifications of the contract therefor. L.1977, c.114; amended 1999, c.440, s.79.