reglab/housing_qa huggingface dataset:
NJ Rev Stat § 18A:64-76.1 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:64-76.1 - Advertisements by contracting agent for bids; award of contracts.

18A:64-76.1 Advertisements by contracting agent for bids; award of contracts.  2. a. Whenever the entire cost for the construction, alteration or repair of any building by a State college will exceed the amount determined pursuant to subsection b. of section 3 of P.L.1986, c.43 (C.18A:64-54), the contracting agent shall advertise for and receive in the manner provided by law: (1) separate bids for branches of work in the following categories: (a) the plumbing and gas fitting work; (b) the refrigeration, heating and ventilating systems and equipment; (c) the electrical work, including any electrical power plants, tele-date, fire alarm, or security systems; (d) the structural steel and ornamental iron work; (e) general construction, which shall include all other work and materials required for the completion of the project, or (2) bids for all work and materials required to complete the entire project if awarded as a single contract, or (3) both (1) and (2) above. In the case of separate bids under paragraph (1) or (3) of this subsection, prime contractors for categories (a) through (d) shall not be required to name subcontractors in their bid. In the case of a single bid under paragraph (2) or (3), all bids submitted shall set forth the names and license numbers of all subcontractors to whom the general contractor will subcontract the work described in the foregoing categories (a) through (d). Subcontractors who furnish non-specialty trade work pursuant to category (e) in paragraph (1) of this subsection or subcontractors who furnish work to named subcontractors pursuant to categories (a) through (d) in paragraph (1) of this subsection shall not be named in the bid. Notwithstanding the foregoing provisions of this subsection, a State college may choose to require in its bid specification that a subcontractor shall be named in a bid when, in the case of paragraph (1), separate bids for each category, the work of that subcontractor exceeds 35 percent of the State college's estimated amount of value of the work, which shall be set forth in the bid specification. b. Contracts shall be awarded to the lowest responsible bidder whose bid, conforming to the invitation for bids, will be the most advantageous to the State college. Whenever two or more bids of equal amounts are the lowest bids submitted by responsible parties, the college may award the contract to any of the parties, as, in its discretion, it may determine. L.1992, c.61, s.2; amended 2005, c.369, s.13; 2012, c.59, s.2.
NJ Rev Stat § 18A:64-76.2 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:64-76.2 - Methods of withholding of payment.

18A:64-76.2 Methods of withholding of payment.  1. Whenever any contract, the total price of which exceeds $100,000, entered into by a State college, 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 State college registered book bonds, entry municipal bonds, State bonds or other appropriate 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 State college. 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 State college. L.2013, c.147, s.1.
NJ Rev Stat § 18A:64-76.3 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:64-76.3 - Provision for partial payments.

18A:64-76.3 Provision for partial payments.  2. Any contract, the total price of which exceeds $100,000, entered into by a State college 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 State college pursuant to section 1 of P.L.2013, c.147 (C.18A:64-76.2). L.2013, c.147, s.2.
NJ Rev Stat § 18A:64-76.4 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:64-76.4 - Withholding by State college pending completion of contract.

18A:64-76.4 Withholding by State college pending completion of contract.  3. a. With respect to any contract entered into by a State college pursuant to section 2 of P.L.2013, c.147 (C.18A:64-76.3) for which the contractor shall agree to the withholding of payments pursuant to section 1 of P.L.2013, c.147 (C.18A:64-76.2), 2% of the amount due on each partial payment shall be withheld by the State college pending completion of the contract.  b. Upon acceptance of the work performed pursuant to the contract for which the contractor has agreed to the withholding of payments pursuant to subsection a. of this section, all amounts being withheld by the State college shall be released and paid in full to the contractor within 45 days of the final acceptance date agreed upon by the contractor and the State college, without further withholding of any amounts for any purpose whatsoever, provided that the contract has been completed as indicated. If the State college requires maintenance security after acceptance of the work performed pursuant to the contract, such security shall be obtained in the form of a maintenance bond. The maintenance bond shall be no longer than two years and shall be no more than 100% of the project costs.  L.2013, c.147, s.3.
NJ Rev Stat § 18A:64-76.6 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:64-76.6 - Entry into design-build contracts permitted.

18A:64-76.6 Entry into design-build contracts permitted.  11. a. If a contracting unit determines in its discretion that the design-build approach meets their needs better than the traditional design-bid-build approach established under New Jersey public procurement statutes for the project or projects under consideration, it shall be the public policy of this State to permit that contracting unit to enter into design-build contracts as defined in section 10 of P.L.2021, c.71 (C.18A:64-76.5), provided the following conditions are met: (1) The contracting unit shall, prior to issuing solicitations, publish procedures consistent with regulations promulgated by the Secretary of Higher Education, where applicable for the solicitation and award of design-build contracts, and shall adhere to sections 10 through 17 of P.L.2021, c.71 (C.18A:64-76.5 through C.18A:64-76.12) and those procedures; and (2) The contracting unit shall, for each public project or projects under sections 10 through 17 of P.L.2021, c.71 (C.18A:64-76.5 through C.18A:64-76.12), make a determination based on the timeliness of the project or projects that it is in the best interest of the public to enter into a design-build contract to complete the public project or projects. b. All workers employed in a design-build construction project shall be paid the prevailing wage determined by the Commissioner of Labor pursuant to the provisions of the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.). c. All design-build construction projects shall be encouraged to adhere to the Leadership in Energy and Environmental Design Green Building Rating System as adopted by the United States Green Building Council, the Green Globes Program adopted by the Green Building Initiative, or a comparable nationally recognized, accepted, and appropriate sustainable development system. L.2021, c.71, s.11.
NJ Rev Stat § 18A:64-76.8 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:64-76.8 - Evaluation factors included in request for proposals.

18A:64-76.8 Evaluation factors included in request for proposals.  13. a. Each request for proposals shall contain evaluation factors prepared by a design professional or designated employee as defined in section 10 of P.L.2021, c.71 (C.18A:64-76.5). The design professional or designated employee that develops the evaluation factors shall be disqualified from submitting a proposal to enter into the design-build contract, and the design-builder shall not be permitted to delegate services under the design-build contract to the design professional or designated employee that developed the evaluation factors. b. The design professional or designated employee that develops the evaluation factors shall be either an employee of the contracting unit or shall be engaged in compliance with applicable New Jersey public procurement laws, and to the extent allowed by law may delegate the development of specific aspects of the design criteria to other consultants. c. The contracting unit, in consultation with the design professional or designated employee, shall determine the scope and level of detail required for the evaluation factors. The evaluation factors should be detailed enough to permit qualified persons to submit proposals in accordance with the solicitation, given the nature of the public project and the level of design to be provided in the proposal. L.2021, c.71, s.13.
NJ Rev Stat § 18A:64-76.9 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:64-76.9 - Inclusions in solicitations for design-build contract.

18A:64-76.9 Inclusions in solicitations for design-build contract.  14. a. Solicitations for each design-build contract shall include, but not be limited to, the following: (1) The identity of the contracting unit which shall award the design-build contract; (2) The procedures to be followed for submitting proposals, the criteria for evaluation of proposals and their relative weight, and the procedures for making awards, including a reference to the requirements of sections 10 through 17 of P.L.2021, c.71 (C.18A:64-76.5 through C.18A:64-76.12) and the regulations of the contracting unit; (3) The proposed terms and conditions for the design-build contract; (4) A description of the drawings, specifications, or other submittals to be submitted with the proposal, with guidance as to the form and level of completeness of the drawings, specifications, or submittals that shall be acceptable; (5) A schedule for planned commencement and completion of the design-build contract; (6) Budget limits for the design-build contract, if any; (7) Affirmative action, disadvantaged business or set-aside goals or requirements for the design-build contract, in accordance with the requirements of all rules, regulations, standards, or policies adopted by the contracting unit; (8) The required qualifications of the design-builder; (9) Requirements for contractors and the design professional to have performance bonds, payment bonds, and insurance, and to meet all the qualifications of the Division of Property Management and Construction in the Department of the Treasury or the Department of Transportation where applicable; and (10) A statement that the prospective design-builder is in compliance with all applicable laws, including the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), "The Public Works Contractor Registration Act," P.L.1999, c.238 (C.34:11-56.48 et seq.), and the "Construction Industry Independent Contractor Act," P.L.2007, c.114 (C.34:20-1 et seq.). b. The solicitation may include any other information which the contracting unit in its discretion chooses to supply, including without limitation, surveys, soils reports, drawings or models of existing structures, environmental studies, photographs or references to public records. c. Notice of solicitations shall be advertised in the same manner in which proposals generally are solicited for public projects. L.2021, c.71, s.14.
NJ Rev Stat § 18A:64-76.10 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:64-76.10 - Inclusions in design-build team.

18A:64-76.10 Inclusions in design-build team.  15. a. Each design-build team shall include a licensed or prequalified design professional independent from the contracting unit's licensed architect or engineer. The licensed or prequalified design professional shall be named in any proposal submitted to the contracting unit. b. Proposals shall be sealed and shall not be opened until expiration of the time established for making proposals as set forth in the solicitation. c. Proposals shall identify each person to whom the design-builder proposes to delegate obligations under the design-build contract. Persons so identified shall not be replaced without the approval of the contracting unit. d. Proposals shall establish the cost of the design-build contract which shall not be exceeded if the proposal is accepted without change. Afterward, the maximum cost in the proposal may be converted to fixed prices by negotiated agreement between the contracting unit and the design-builder. e. All proposals shall be received and opened at a previously announced time, where a synopsis of each shall be publicly read and recorded consistent with the provisions of subsection f. of this section. f. Unless and until a proposal is accepted, the drawings, specifications and other information in the proposal shall remain the property of the person making the proposal. The contracting unit shall make reasonable efforts to maintain the secrecy and confidentiality of all proposals, and all information contained in the proposals, and shall not disclose the proposals or the information contained therein to the design-builders' competitors or the public. Once a proposal is accepted, the disclosure of the proposal and the information in the proposal, and the ownership of the drawings, specifications, and information therein, shall be determined in accordance with existing law and the terms of the design-build contract. L.2021, c.71, s.15.
NJ Rev Stat § 18A:64-76.11 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:64-76.11 - Submission of received proposals.

18A:64-76.11 Submission of received proposals.  16. a. Once received, proposals shall be submitted to the design professional or designated employee retained by the contracting unit. No proposal shall be considered until certification is issued by the design professional or designated employee retained by the contracting unit that the proposal is consistent with the evaluation factors. No proposal for a design-build contract may be accepted unless the contracting unit determines that there was adequate competition for such contract. b. The technical review committee shall score the technical proposals using the criteria and methodology set forth in the request for proposals in accordance with paragraph (2) of subsection a. of section 14 of P.L.2021, c.71 (C.18A:64-76.9) and make an award recommendation to the head of the contracting unit. The head of the contracting unit shall make the design-build contract award decision, consistent with the award recommendation.  c. The contracting unit shall evaluate the received technical proposals and price bid against the published factors and weighting to arrive at a composite score. The contracting unit shall make public the design-builder to be awarded the contract for the project. After the award decision is made, the contracting unit shall make public the sealed price bid for each proposal submitted to the contracting unit by a design-builder. d. Acceptance of a proposal shall be made by written notice to the design-builder which submitted the accepted proposal. At the same time notice of acceptance is delivered, the contracting unit shall also inform, in writing, the other design-builders that their proposals were not accepted. e. The contracting unit shall have the right to reject any and all proposals, except for the purpose of evading the provisions and policies of sections 10 through 17 of P.L.2021, c.71 (C.18A:64-76.5 through C.18A:64-76.12). The contracting unit shall solicit new proposals using the same evaluation factors, budget constraints, or qualifications, unless there has been a material change in circumstances affecting the needs of the contracting unit, including but not limited to an environmental issue, natural disaster, state of emergency, or unforeseen fiscal constraint. f. Proposals may be withdrawn for any reason at any time prior to acceptance. g. When a design-builder receives notification from a public body that the proposal, which it has submitted, has not been accepted, the design-builder may, within 30 days, request to review the design-build proposals submitted, the technical review committee evaluation scores from the selection process, and the final recommendation of award document. The design-builder shall submit this request in writing. L.2021, c.71, s.16.
NJ Rev Stat § 18A:64-76.12 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:64-76.12 - Regulations.

18A:64-76.12 Regulations.  17. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to the contrary, the Secretary of Higher Education shall adopt, immediately upon filing with the Office of Administrative Law, regulations that the Secretary of Higher Education deems necessary to implement the provisions of sections 10 through 17 of P.L.2021, c.71 (C.18A:64-76.5 through C.18A:64-76.12), which regulations shall be effective for a period not to exceed 180 days from the date of the filing. The Secretary of Higher Education shall thereafter amend, adopt, or readopt the regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). L.2021, c.71, s.17.
NJ Rev Stat § 18A:64-77 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:64-77 - Deduction for costs of completion.

18A:64-77 Deduction for costs of completion.  26. All specifications for the doing of any construction work for a State college shall fix the date before which the work shall be completed, or the number of working days to be allowed for its completion, and every contract shall contain a provision that if the construction work is not completed by the date fixed for completion or in the number of days allowed for completion, as set forth in the specifications, there shall be a deduction from the contract price for any moneys paid by the college to other contractors for the completion of the project. This requirement shall not preclude the State college from seeking liquidated damages or other remedies.  L.1986,c.43,s.26; amended 2005, c.369, s.14.
NJ Rev Stat § 18A:64-78 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:64-78 - Sale of surplus personal property.

18A:64-78 Sale of surplus personal property.  27. Any college may, by resolution of its board of trustees, authorize the sale in the following manner of its personal property not needed for college purposes: a. If the estimated fair value of the property to be sold exceeds $26,200 or, commencing January 1,2005, the amount determined pursuant to subsection b. of section 3 of P.L.1986, c.43 (C.18A:64-54), in any one sale and the property does not consist of perishable goods, it shall be sold at public sale to the highest bidder. b. Notice of the date, time and place of the public sale, together with a description of the items to be sold and the conditions of sale, shall be published once in a legal newspaper. Sales shall be held not less than seven nor more than 14 days after the publication of the notice thereof. c. Personal property may be sold to the United States, the State of New Jersey, another college or to any body politic by private sale without advertising for bids. d. If no bids are received, the property may then be sold at private sale without further publication or notice thereof but in no event at less than the estimated fair value; or the State college may, if it so elects, reoffer the property at public sale. As used herein, "estimated fair value" means the market value of the property if sold by a willing seller to a willing buyer less the cost to the college of continuing to store or maintain the property. e. A State college may reject all bids if it determines a rejection to be in the public interest. In any case in which the college has rejected all bids, it may readvertise the personal property for a subsequent public sale. If it elects to reject all bids at a second public sale pursuant to this section, it may then sell the personal property without further publication or notice thereof at private sale, but in no event shall the negotiated price at the private sale be less than the amount of the highest bid rejected at the preceding two public sales, nor shall the terms or conditions of sale be changed or amended. f. If the estimated fair value of the property to be sold does not exceed $26,200 or, commencing January 1, 2005, the amount determined pursuant to subsection b. of section 3 of P.L.1986, c.43 (C.18A:64-54), in any one sale or the property consists of perishable goods, it may be sold at private sale without advertising for bids. L.1986,c.43,s.27;amended 1997, c.292, s.4; 2005, c.369, s.15.
NJ Rev Stat § 18A:64-81 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:64-81 - Immunity

18A:64-81. Immunity  30. No action for damages shall lie against the Board of Higher Education, the Commission on Higher Education, the Presidents' Council, any State official, any State college or its board of trustees or any of its officers because of any action taken by virtue of the provisions of this article.  L.1986,c.43,s.30; amended 1994,c.48,s.118.
NJ Rev Stat § 18A:64-82 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:64-82 - Indemnification agreement.

18A:64-82 Indemnification agreement.  31. Any State college may enter into an agreement indemnifying the New Jersey Educational Facilities Authority or the United States of America, or any board, body, officer or agency thereof, from any liability for loss or damage to the person or property of others resulting from any project financed or to be financed by the New Jersey Educational Facilities Authority for the benefit of the State college, any project undertaken or to be undertaken by the federal government for the benefit of the State college or any project the cost of which or any part thereof is to be paid out of federal funds. L.1986,c.43,s.31; amended 1999, c.217, s.10.
NJ Rev Stat § 18A:64-83 (2021)
2021 New Jersey Revised Statutes|Title 18A - Education|Section 18A:64-83 - Validation

18A:64-83. Validation  Any action, purchase, sale, contract or agreement taken, made or entered into prior to the effective date of this article is validated and confirmed; provided that in no event shall multi-year leases or contracts entered into prior to the effective date of this article be renewed or extended except in accordance with the terms and provisions of this article.  L. 1986, c. 43, s. 32, eff. July 9, 1986.