reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34-10.1 - Communications with bidders limited; records.

52:34-10.1 Communications with bidders limited; records.
1. A communication relative to any advertised procurement by a State agency, as defined in section 11 of P.L.2005, c.336 (C.52:34-10.11),shall be limited to the individual or entity designated by the agency as responsible for the procurement. An officer or employee of a State agency who communicates with a bidder, or potential bidder, or any person acting on behalf thereof, for a public contract regarding that contract shall maintain a written record of each communication from the date of the advertisement for bids to the date the contract is awarded. The State agency shall retain the record of each communication for the term of the contract and at least three years thereafter, or such longer period as may be established in the agency's record retention schedule.
L.2005,c.336,s.1.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34-10.2 - Issuance of notice on Internet.

52:34-10.2 Issuance of notice on Internet.
2. A State agency, as defined in section 11 of P.L.2005, c.336 (C.52:34-10.11) that is authorized by law to engage in the procurement of goods or services may, when deemed appropriate, issue on the Internet a notice of the agency's intent to advertise specifications and invitations for bids preliminary to the awarding of a contract and request information thereto from potential bidders. The purpose of such notice shall be to solicit comments from potential bidders on the nature and content of the specifications and to answer such questions as the potential bidders may have prior to the advertisement for bids. If such a notice is issued, an officer or employee of the State agency who communicates with a potential bidder, or any person acting on behalf thereof, shall maintain a written record of each such communication from the date of the issuance of the notice on the Internet until the date of the advertisement for bids.
L.2005,c.336,s.2.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34-10.3 - Regulations relative to evaluation committee.

52:34-10.3 Regulations relative to evaluation committee.
3. a. When a State agency, as defined in section 11 of P.L.2005, c.336 (C.52:34-10.11), is a contracting agency, the members of any evaluation committee shall have no personal interest, financial or familial, in any of the contract vendors, or principals thereof, to be evaluated. This provision shall apply whether the members of such committee are appointed by the Director of the Division of Purchase and Property or pursuant to any other procedure as appropriate to the contracting agency.
b. When a State agency is a contracting agency for a contract that includes, but is not limited to, the financing of a capital project, one member of any evaluation committee, whether appointed by the Director of the Division of Purchase and Property or pursuant to any other procedure as appropriate to the contracting agency, shall be a person proficient in the financing of public projects. When a contract encompasses a purchase of information technology goods or services, including the creation or modification of such technology, one member of any evaluation committee shall be a person proficient in such technology for public projects.
c. In all cases, persons appointed to an evaluation committee shall have the relevant experience necessary to evaluate the project. When the contract is awarded, the names of the members of any evaluation committee shall be made public and the members' names, educational and professional qualifications, and practical experience, that were the basis for the appointment, shall be reported to the State Treasurer.
L.2005,c.336,s.3.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34-10.4 - Regulations for contract oversight and performance; complaint resolution.

52:34-10.4 Regulations for contract oversight and performance; complaint resolution.
4. The Director of the Division of Purchase and Property in the Department of the Treasury shall promulgate regulations, applicable to all contracts for which the director is responsible, that establish procedures for (1) contract oversight and the monitoring of contract performance; and (2) complaint resolution. The director shall establish a vendor performance database.
L.2005,c.336,s.4.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34-10.5 - Periodic report on value of goods and services purchased.

52:34-10.5 Periodic report on value of goods and services purchased.
5. Whenever a governmental entity in this State is authorized to purchase any goods or services under any contract or contracts entered into on behalf of the State by the Division of Purchase and Property in the Department of the Treasury, the contractor shall report periodically to the division the value of the goods and services, not including proprietary information, purchased by such governmental entities. The division shall by regulation provide for the content of such reports, how often they are to be made, and the form to be used for the making of such reports.
L.2005,c.336,s.5.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34-10.6 - Purchase of equipment, goods or services related to homeland security, domestic preparedness.

52:34-10.6 Purchase of equipment, goods or services related to homeland security, domestic preparedness.
6. a. Notwithstanding the provisions of any law to the contrary, any purchase by the State or by a State agency or local government unit of equipment, goods or services related to homeland security and domestic preparedness, that is paid for or reimbursed by federal funds awarded by the U.S. Department of Homeland Security or other federal agency, may be made through the receipt of public bids or as an alternative to public bidding and subject to the provisions of this section, through direct purchase without advertising for bids or rejecting bids already received but not awarded.
b. The equipment, goods or services purchased by a local government unit shall be referred to in the grant agreement issued by the State administrative agency administering such funds and shall be authorized by resolution of the governing body of the local government unit entering into the grant agreement. Such resolution may, without subsequent action of the local governing body, authorize the contracting agent of the local government unit to procure the equipment, goods or services. A copy of such resolution shall be filed with the chief financial officer of the local government unit, the State administrative agency and the Division of Local Government Services in the Department of Community Affairs.
c. Purchases made without public bidding shall be from vendors that shall either (1) be holders of a current State contract for the equipment, goods or services sought, or (2) be participating in a federal procurement program established by a federal department or agency, or (3) have been approved by the State Treasurer in consultation with the New Jersey Domestic Security Preparedness Task Force. All homeland security purchases herein shall continue to be subject to all grant requirements and conditions approved by the State administrative agency.
d. The Director of the Division of Purchase and Property may enter into or participate in purchasing agreements with one or more other states, or political subdivisions or compact agencies thereof, for the purchase of such equipment, goods or services to meet the domestic preparedness and homeland security needs of this State. Such purchasing agreement may provide for the sharing of costs and the methods of payments relating to such purchases.
L.2005,c.336,s.6.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34-10.8 - Contracts for professional services.

52:34-10.8 Contracts for professional services.
8. Contracts awarded for professional services by a State agency, as defined in section 11 of P.L.2005, c.336 (C.52:34-10.11),shall be contracts only for services rendered or performed by a person authorized by law to practice a recognized profession and whose practice is regulated by law or the performance of which services requires knowledge of an advanced type in a field of learning acquired by a prolonged formal course of specialized instruction and study as distinguished from general academic instruction or apprenticeship and training. Professional services contracts shall also include those services rendered in the provision of goods or performance of services that are original and creative in character in a recognized field of artistic endeavor. Professional services contracts shall also include contracts for extraordinary unspecifiable services if, after evaluation and assessment, such services are determined to be such that they cannot reasonably be described by written specifications.
L.2005,c.336,s.8.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34-10.9 - Filing of disclosure statement of State officers or employees.

52:34-10.9 Filing of disclosure statement of State officers or employees.
9. A State officer or employee, or special State officer or employee, of a State agency, as defined in section 11 of P.L.2005, c.336 (C.52:34-10.11), shall file, in writing, with the head of the State agency and the Executive Commission on Ethical Standards, for the period covering five years prior to taking office or commencing employment to the date of filing, a disclosure statement in a form to be determined by the Executive Commission on Ethical Standards.
L.2005,c.336,s.9.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34-10.10 - Investigation of vendor challenges.

52:34-10.10 Investigation of vendor challenges.
10. The Director of the Division of Purchase and Property shall institute a process whereby vendor challenges to the division's procurement process are investigated and considered by hearing officers appointed by the director and independent of the division's procurement process, and are resolved by written final agency determination of the director. Such challenges shall not be contested cases subject to the requirements of the "Administrative Procedure Act," P.L. 1968, c.410 (C.52:14B-1 et seq.), and the regulations promulgated pursuant to that act. A final agency determination shall be appealable to the Appellate Division of New Jersey Superior Court.
L.2005,c.336,s.10.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34-10.11 - "State agency" defined, adoption of procurement practices by Judicial branch, legislative branch.

52:34-10.11 "State agency" defined, adoption of procurement practices by Judicial branch, legislative branch.
11. a. As used in sections 1,2, 3, 8, and 9 of P.L.2005, c.336 (C.52:34-10.1, C.52:34-10.2, C.52:34-10.3, C.52:34-10.8, and C.52:34-10.9), "State agency" means any of the principal departments in the Executive Branch of State Government, and any division, board, bureau, office, commission or other instrumentality within or created by such principal department, and any independent State authority, commission, instrumentality or agency.
b. The Administrative Director of the Courts, in consultation and cooperation with the Director of the Division of Purchase and Property in the Department of the Treasury, shall adopt procurement and contracting processes for the Judicial Branch of the State that are consistent with the intent of sections 1, 2, 3, 8, and 9 of P.L.2005, c.336 (C.52:34-10.1, C.52:34-10.2, C.52:34-10.3, C.52:34-10.8, and C.52:34-10.9).
c. The Legislature, in consultation and cooperation with the Director of the Division of Purchase and Property, shall adopt procurement and contracting processes for the Legislative Branch of the State that are consistent with the intent of sections 1, 2, 3, 8, and 9 of P.L.2005, c.336 (C.52:34-10.1, C.52:34-10.2, C.52:34-10.3, C.52:34-10.8, and C.52:34-10.9).
L.2005,c.336,s.11.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34-11 - Notice to State Auditor

52:34-11. Notice to State Auditor
Notice of such purchases, contracts or agreements made, negotiated or awarded under section 3 of this act, and written approvals thereof, shall be given to the State Auditor.
L.1954, c. 48, s. 6.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34-12.1 - Awarding of contracts to multiple bidders.

52:34-12.1 Awarding of contracts to multiple bidders.
1. a. When awarding contracts pursuant to section 7 of P.L.1954, c.48 (C.52:34-12), the Director of the Division of Purchase and Property may make awards to multiple bidders, to furnish the same or similar materials, supplies, services or equipment, where multiple bidders are necessary:
(1) to furnish the quantities required by using agencies;
(2) to provide expeditious and cost-efficient local deliveries to using agencies;
(3) to enable using agencies to purchase materials, supplies, services or equipment which are compatible with those previously purchased;
(4) to provide for standardization of equipment, interchangeability of parts or continuation of services;
(5) to provide using agencies or participants in cooperative purchasing arrangements with a diversity of product choices to meet the collective safety, environmental or technological needs of such agencies or cooperative purchasers; or
(6) when the director determines that multiple awards are necessary to serve the State's interests.
b. The director may determine whether the anticipated use of a contract by entities authorized by law to participate in cooperative purchasing arrangements with the State justifies awarding a contract to multiple bidders on the basis of any one or more of the criteria set forth in subsection a. of this section.
c. Where multiple contracts have been awarded pursuant to subsection a. of this section, a using agency shall make purchases from that contractor whose contract terms and conditions are most advantageous to the agency, price and other factors considered.
d. All purchases made by using agencies under subsection c. of this section shall be reported to the director, in a manner prescribed by the director. The report shall include the reasons for selecting a particular contractor under subsection c. of this section.
e. (Deleted by amendment, P.L.2005, c.336.)
L.1986,c.26,s.1; amended 2000, c.74; 2005, c.336, s.15.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34-13 - Terms and conditions; rules and regulations

52:34-13. Terms and conditions; rules and regulations
The State Treasurer shall determine the terms and conditions of the various types of agreements or contracts, including provisions for adequate security, the time and amount or percentage of each payment thereon and the amount to be withheld pending completion of the contract, and he shall issue and publish rules and regulations concerning such terms and conditions, standard contract forms and such other rules and regulations concerning purchasing or procurement, not inconsistent with any applicable law, as he may deem advisable to promote competition and to implement this act.
L.1954, c. 48, s. 8.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34-13.1 - Renegotiation of contract with State or independent State authority

52:34-13.1. Renegotiation of contract with State or independent State authority
Any person entering into a contract with the State pursuant to the provisions of P.L.1954, c.48 (C.52:34-6 et seq.), or with an independent State authority, which contract requires the contractor to provide for the disposal of solid waste, shall have the right to renegotiate the contract to reflect any increase in solid waste disposal costs whenever:
a. the increase occurred as a result of compliance with an order issued by the Department of Environmental Protection, in conjunction with the Board of Public Utilities, directing the solid waste be disposed at a solid waste facility other than the facility previously utilized by the person to whom the contract has been awarded; or
b. the increase in solid waste disposal costs occurred as a result of lawful increases in the rates, fees or charges imposed on the disposal of solid waste at the solid waste facility utilized by the person to whom the contract has been awarded.
For the purposes of this section, "independent State authority" means an authority, board, bureau, office, commission, committee, council, instrumentality or agency of the State, which is a public body corporate and politic established pursuant to law, having the power to sue and be sued and to issue bonds, but shall not include the New Jersey Transit Corporation established pursuant to P.L.1979, c.150 (C.27:25-1 et seq.).
L.1989, c.236, s.2.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34-14 - State House Commission contracts

52:34-14. State House Commission contracts
Where the State House Commission is empowered to make, award or authorize the award of any agreement or contract, such agreement or contract may be made, awarded or authorized without publicly advertising for bids therefor when
(a) the cost or contract price involved does not exceed the amount set forth in, or the amount calculated by the Governor pursuant to, section 2 of P.L. 1954, c. 48 (C. 52:34-7); or
(b) the subject matter thereof is personal or professional services; or
(c) the purchase is to be made from, or the contract to be made with, the federal or any state government or any agency or political subdivision thereof; or
(d) the subject matter thereof is perishable food or subsistence supplies; or
(e) the commission first shall have adopted a resolution that the interest of the State will be best served by not so advertising.
L. 1954, c. 48, s. 9. Amended by L. 1985, c. 469, s. 16, eff. Jan. 16, 1986.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34-15 - Warranty by contractor of no solicitation on commission or contingent fee basis

52:34-15. Warranty by contractor of no solicitation on commission or contingent fee basis
Every contract or agreement negotiated, awarded or made pursuant to this act shall contain a suitable warranty by the contractor that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the contractor for the purpose of securing business, for the breach or violation of which warranty the State shall have the right to annul such contract without liability or in its discretion to deduct from the contract price or consideration the full amount of such commission, percentage, brokerage or contingent fee.
L.1954, c. 48, s. 10.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34-16 - Deputy Director of Division of Purchase and Property

52:34-16. Deputy Director of Division of Purchase and Property
The Director of the Division of Purchase and Property may, with the approval of the State Treasurer, designate a deputy to act during the absence of the director and to exercise the powers and duties of the director under this act during such absence. Such designation shall be in writing and shall be filed with the Secretary of State.
L.1954, c. 48, s. 11.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34-17 - Contracts for printing of legal briefs, records and appendices

52:34-17. Contracts for printing of legal briefs, records and appendices
Contracts or agreements for the printing of legal briefs, records and appendices to be used in any proceeding in which the State may be interested may be negotiated, awarded or made without advertising by the Attorney-General.
L.1954, c. 48, s. 12.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34-18 - Violations; crime.

52:34-18 Violations; crime.
13. Any person knowingly authorizing, consenting to, making or procuring to be made any purchase, contract or agreement in violation of any of the provisions of P.L.1954, c.48 (C.52:34-6 et seq.) or knowingly making or procuring to be made payment of State funds for or on account of any purchase, contract or agreement known to him to have been made or entered into in violation of any of the provisions of P.L.1954, c.48 (C.52:34-6 et seq.) shall be guilty of a crime of the fourth degree.
L.1954,c.48,s.13; amended 1999, c.440, s.103.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34-19 - Payment of compensation or gratuity to State employee prohibited

52:34-19. Payment of compensation or gratuity to State employee prohibited
The payment of any fee, commission or compensation of any kind or the granting of any gift or gratuity of any kind, either directly or indirectly, whether or not in connection with any purchase, sale or contract, to any person employed by the State in the Department of the Treasury, or to any other person in the employ of the State having any duties or responsibilities in connection with the purchase or acquisition of any property or services by the State or any department, commission, authority, agency or instrumentality thereof, by or on behalf of any seller or supplier who has made, negotiated, solicited or offered to make any contract to sell or furnish real or personal property or services to the State or to any department, officer, commission, authority, agency or instrumentality thereof, is hereby prohibited. Any person offering, paying, giving, soliciting or receiving any fee, commission, compensation, gift or gratuity in violation of this section shall be guilty of a misdemeanor.
L.1954, c. 48, s. 14.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34-20 - Repeal

52:34-20. Repeal
Sections 52:34-1, 52:34-2, 52:34-3, 52:34-4, and 52:34-5 of the Revised Statutes are repealed.
L.1954, c. 48, s. 15.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34-22 - Survey of items required by state which are manufactured out of recycled materials; report

52:34-22. Survey of items required by state which are manufactured out of recycled materials; report
The Division of Purchase and Property shall conduct a survey of those items customarily required by the State which are being manufactured in whole or in part out of recycled materials, and report its findings to the Legislature within 6 months of the effective date of this act.
L.1971, c. 257, s. 2.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34-23 - Preference in purchase by state of items which are made from recycled materials

52:34-23. Preference in purchase by state of items which are made from recycled materials
In purchasing items which are made both with and without the use of any recycled materials, the Division of Purchase and Property, whenever the price is reasonably competitive and the quality adequate for the purpose intended, shall give preference to those items which are made in whole or in part from recycled materials.
L.1971, c. 257, s. 3.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34-24 - Advertisements for bids; statement of preference for recycled materials

52:34-24. Advertisements for bids; statement of preference for recycled materials
In advertising for bids for items which are made both with and without the use of any recycled materials, the division shall state its preference for items made in whole or in part with the use of recycled materials whenever the price therefor is reasonably competitive and the quality satisfactory.
L.1971, c. 257, s. 4.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34-25.1 - State contracting agency, competitive selection process.

52:34-25.1 State contracting agency, competitive selection process.
6. a. Notwithstanding the provisions to the contrary of R.S.52:32-2 or any other law, or any rule or regulation adopted pursuant thereto, where a State contracting agency implements an energy savings improvement program pursuant to section 9 of P.L.2009, c.4 (C.52:34-25), the State contracting agency, prior to entering into an energy savings services contract, shall use a competitive selection process that ensures that the award is made to the responsible bidder whose proposal is determined to be the most advantageous to the State.
b. Nothing in this section shall preclude a State contracting agency from using procurement processes other than those prescribed herein and in section 9 of P.L.2009, c.4 (C.52:34-25), if those processes have been approved by the federal government under section 801 of the "National Energy Conservation Policy Act" (42 U.S.C. s.8287).
c. The Division of Property Management and Construction in the Department of the Treasury shall not charge any fee for the review or approval of an energy savings improvement program implemented by a State contracting agency pursuant to section 9 of P.L.2009, c.4 (C.52:34-25).
L.2012, c.55, s.6.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34-27 - Definitions.

52:34-27 Definitions.
91. a. As used in this section:
"Personal protective equipment" means coveralls, face shields, gloves, gowns, masks, respirators, and other equipment designed to protect the wearer from the spread of infection or illness.
"State agency" means any principal department in the Executive Branch of State government, and any division, board, bureau, office, commission or other instrumentality within or created by such department, and any independent State authority, commission, instrumentality or agency, other than in the Legislative or Judicial Branches of State government, which is authorized by law to award public contracts.
b. Notwithstanding the provisions of any other law to the contrary, whenever the Director of the Division of Purchase and Property, or the head of any State agency shall consider bids on any contract for the purchase of personal protective equipment that is publicly advertised for bids, the director or the head of a State agency shall list the bidders in order based upon which bid, conforming to the invitation for bids, would be most advantageous to the State, price, and other factors considered. If the first bidder on the list has its principal place of business in this State it shall be awarded the contract. If no bidder having its principal place of business in this State has submitted a bid that is within five percent of the bid submitted by the bidder at the top of the list that has its principal place of business outside of this State, the contract shall be awarded to the bidder at the top of the list. If the first bidder on the list has its principal place of business outside of this State and a bidder that has its principal place of business in this State is on the list and has submitted a bid that is within five percent of the bid submitted by the bidder at the top of the list that has its principal place of business outside of this State, the contract shall be awarded to the highest listed in-State bidder.
Any specifications for the provision of personal protective equipment under this act shall be drafted in a manner to encourage free, open, and competitive bidding.
Any specification which knowingly excludes prospective bidders by reason of the impossibility of performance, bidding, or qualifications by any but one bidder shall be null and void and of no effect.
Nothing in this section shall limit the ability of the Director of the Division of Purchase and Property or the head of any State agency to make awards to multiple bidders, pursuant to section 1 of P.L.1986, c.26 (C.52:34-12.1) to furnish the same or similar materials, supplies, services or equipment, where multiple bidders are necessary.
c. The State Treasurer shall adopt such rules and regulations as may be necessary to implement the provisions of this section pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
L.2020, c.156, s.91.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34A-1 - Short title.

52:34A-1 Short title.
1. Sections 1 through 8 of P.L.2020, c.59 (C.52:34A-1 through C.52:34A-8) shall be known and may be cited as the "Electronic Construction Procurement Act."
L.2020, c.59, s.1.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34A-2 - Findings, declarations relative to use of electronic technology.

52:34A-2 Findings, declarations relative to use of electronic technology.
2. The Legislature finds and declares that advances in electronic technology offer opportunities to enhance governmental efficiencies. In order to explore these avenues of improved government efficiency, it is in the best interests of the State to require public entities to implement proven electronic technologies for the procurement of public works construction, and to require the promulgation of standards for the use of these technologies that ensure the integrity and procedural protections of sealed public bidding and competitive contracting translated to an electronic environment.
L.2020, c.59, s.2.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34A-3 - Definitions relative to use of electronic technology.

52:34A-3 Definitions relative to use of electronic technology.
3. As used in P.L.2020, c.59 (C.52:34A-1 et al.):
"Electronic construction procurement" means, for the purposes of public works construction projects, the use of computer technology and the Internet for the advertising and submission of public bids, providing notice of revisions or addenda to advertisements or bid documents, the receipt of proposals and quotations, and related practices to assist in determining the lowest responsible bidder or other agency-appropriate bid or proposal procurement standard.
"Local contracting unit" means a government entity that contracts for the procurement of goods, services, or the construction of public works pursuant to the "Public School Contracts Law," N.J.S.18A:18A-1 et seq.; the "County College Contracts Law," P.L.1982, c.189 (C.18A:64A-25.1 et seq.), or the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.).
"Public works construction" means any project that is subject to the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), and is contracted for by a State or local public contracting unit for the purposes of construction, reconstruction, demolition, alteration, custom fabrication, repair work, or maintenance work, including painting and decorating, done under contract and paid for, in whole or in part, out of the funds of a public body. Public works construction also means construction, reconstruction, demolition, alteration, custom fabrication, repair work, or maintenance work, done on any property or premises, whether or not the work is paid for from public funds if at the time of the entering into the contract, the property or premises is owned by the government entity.
"State contracting unit" means a government entity that contracts for the procurement of goods, services, or the construction of public works pursuant to the "State College Contracts Law," P.L.1986, c.43 (C.18A:64-52 et seq.); P.L.2007, c.137 (C.52:18A-235 et seq.); or chapter 32, 33, or 34 of Title 52 of the Revised Statutes.
L.2020, c.59, s.3.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34A-4 - Local contracting unit may use electronic construction procurement process.

52:34A-4 Local contracting unit may use electronic construction procurement process.
4. A local contracting unit, as defined in section 3 of P.L.2020, c.59 (C.52:34A-3), may use an electronic construction procurement process for public works construction contracts. The electronic construction procurement process to be used by local contracting units pursuant to this section shall be the process developed by the Director of the Division of Local Government Services in the Department of Community Affairs by regulations promulgated for the electronic procurement practices authorized in the "Local Unit Electronic Procurement Act," P.L.2018, c.156 (C.40A:11-4.7 et al.).
L.2020, c.59, s.4.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34A-5 - State contracting unit to use electronic construction procurement process.

52:34A-5 State contracting unit to use electronic construction procurement process.
5. a. A State contracting unit, as defined in section 3 of P.L.2020, c.59 (C.52:34A-3), shall use an electronic construction procurement process for public works construction contracts whenever the project requires public advertisement, subject to the provisions of P.L.2020, c.59 (C.52:34A-1 et al.).
b. The State Treasurer, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall promulgate regulations to effectuate the electronic procurement of public works construction by the State. The regulations shall set forth procedures to be followed by each State contracting unit for contracts that meet those criteria as deemed appropriate by the State Treasurer. The regulations shall also set forth a procedure to be followed by a State contracting unit for the awarding of a contract for the administration of the electronic procurement process.
L.2020, c.59, s.5.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34A-6 - Required bidding components.

52:34A-6 Required bidding components.
6. a. The regulations promulgated by the State Treasurer pursuant to section 5 of P.L.2020, c.59 (C.52:34A-5) shall require that contracts to be awarded for State construction projects pursuant to the provisions of P.L.2020, c.59 (C.52:34A-1 et al.) contain the following bidding components:
(1) general conditions of the contract;
(2) plans and specifications of the public works construction project;
(3) competitive bidding for the contract, if appropriate;
(4) classification of firms submitting bids;
(5) statement of corporate ownership of the entity or entities submitting bids;
(6) bid bond and performance bond security;
(7) execution of the contract;
(8) certification of financial ability to complete work;
(9) commencement of work;
(10) prevailing wage mandate;
(11) acknowledgement of addenda;
(12) naming of prime subcontractors;
(13) specified alternates;
(14) non-collusion affidavit; and
(15) political contribution disclosure.
b. The State Treasurer shall also promulgate a bid proposal form to be used by contractors or vendors bidding for work under P.L.2020, c.59 (C.52:34A-1 et al.).
c. The regulations shall require that a contractor or vendor seeking a contract for public works construction pursuant to P.L.2020, c.59 (C.52:34A-1 et al.) be classified with the Division of Property Management and Construction in the Department of the Treasury, or be prequalified by the Department of Transportation, New Jersey Transit, or the New Jersey Turnpike Authority, prior to submitting a bid.
L.2020, c.59, s.6.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34A-7 - Criteria required for electronic procurement processes.

52:34A-7 Criteria required for electronic procurement processes.
7. The regulations promulgated by the State Treasurer pursuant to section 5 of P.L.2020, c.59 (C.52:34A-5) shall require that electronic procurement processes meet certain criteria, which may include, but shall not be limited to, the following requirements:
a. allow for a business or company that creates or provides software to effectuate electronic procurement to provide those services pursuant to P.L.2020, c.59 (C.52:34A-1 et al.), if the business or company has prior experience providing electronic procurement services to the State and to other public entities, including, but not limited to, experience prior to the effective date of P.L.2020, c.59 (C.52:34A-1 et al.);
b. allow public contracting units to advertise bids and distribute bidding documents including plans and specifications;
c. be a closed loop system that allows contractors, vendors, and bidders, to receive bid solicitations and documentation, as well as submit bids electronically;
d. provide a digital lockbox that ensures bid information cannot be accessed by a third party before the bid deadline, including an electronic bidding servicer or the State;
e. allow bids to be encrypted upon submission and when in the digital lockbox;
f. use digital signature technology and provide for identity verification;
g. allow for electronic bid validation;
h. allow bids to be withdrawn and resubmitted by the vendor or bidder at any point up to the published bid deadline;
i. allow addenda to be issued electronically with addenda automatically applied to the online bid form;
j. provide capabilities to create and edit templates of bid forms;
k. provide the means for the State to require data types, including but not limited to numeric prices;
l. alert contractors, vendors, and bidders of missing required data;
m. provide email notification to contractors, vendors, and bidders of issuance of bid advertisement and addenda;
n. provide commodity or classification codes as required by the contracting agency to allow for targeted notifications to contractors, vendors, and bidders;
o. provide system implementation services and training to public contracting units at no cost; and
p. offer scheduled training webinars for contractors, vendors, and bidders at no cost.
L.2020, c.59, s.7.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34A-8 - Practices included in regulations.

52:34A-8 Practices included in regulations.
8. a. Notwithstanding any other law to the contrary, the regulations promulgated by the State Treasurer pursuant to section 5 of P.L.2020, c.59 (C.52:34A-5) shall include, but not be limited to, practices that, notwithstanding any other law to the contrary:
(1) convert the current statutory, regulatory, and policy procedures related to sealed bidding to an electronic procurement environment;
(2) authorize public contracting units to accept commercial standards for electronic forms of bid security; and
(3) establish minimum standards that shall be met by systems and services that provide and administer electronic procurement processes.
b. The State Treasurer shall also consult with: the Attorney General to develop safeguards to protect against collusion and bid rigging; the Division of Purchase and Property and the Division of Property Management and Construction in the Department of the Treasury to develop practices used for electronic procurement; and the Office of Information Technology in, but not of, the Department of the Treasury, to ensure the privacy and security of electronic transactions.
c. Notwithstanding any law, rule, or regulation to the contrary, plans and specifications for public works construction contracts that require the seal and signature of a professional engineer, architect, or land surveyor may be included in an electronic file used for electronic procurement as long as the original document from which the electronic file is derived contains a physical or electronic seal and signature as otherwise required by law. If the State Board of Engineers and Land Surveyors and the New Jersey State Board of Architects adopt rules to permit digital seals and signatures, those rules shall supersede this subsection.
L.2020, c.59, s.8.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:34A-9 - Use of electronic procurement processes for public works construction contracts.

52:34A-9 Use of electronic procurement processes for public works construction contracts.
9. Notwithstanding any provisions of chapters 32, 33, and 34 of Title 52 of the Revised Statutes to the contrary, the State, and any agency or instrumentality of the State, shall use electronic procurement processes for public works construction contracts whenever the project requires public advertisement pursuant to section 7 of P.L.1954, c.48 (C.52:34-12), in accordance with the provisions of P.L.2020, c.59 (C.52:34A-1 et al.).
L.2020, c.59, s.9.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:35-1 - "Person", "official" and "officer defined."

52:35-1 "Person", "official" and "officer defined."
As used in this chapter:
"Person" means and includes any individual, copartnership, association, corporation or joint stock company, their lessees, trustees, assignees or receivers appointed by any court whatsoever.
"Official" and "officer" mean and include any official, officer, board, commission, committee, department or other branch of the state government."
L.1931, c.165, s.11.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:35-2 - Statement required from prospective bidders; contents; fee.

52:35-2 Statement required from prospective bidders; contents; fee.
52:35-2. Officials of the State shall require of all persons proposing to submit bids on public work to be furnished for or on behalf of the State or any officer, board, commission, committee, department or other branch of the State government, a statement under oath in response to a questionnaire, standardized for like classes of work, to be submitted to such persons by such State official. 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 seem desirable. All persons shall remit a $100 fee to the State Treasurer at the time each statement is filed. The fee shall not apply to any statements filed before the effective date of P.L.2003, c.117.
Amended 2003, c.117, s.12.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:35-3 - Bidders to be classified; notice

52:35-3. Bidders to be classified; notice
The state officials shall classify all such prospective bidders as to the character and amount of public work on which they shall be qualified to submit bids, and bids shall be accepted only from persons qualified in accordance with such classification. 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 eight days after the date of receipt of the statement in response to the questionnaire.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:35-4 - Hearing before state official on classification of bidders; change of classification

52:35-4. Hearing before state official on classification of bidders; change of classification
Any person after being notified of his classification by a state official and being dissatisfied therewith or with the classification of other bidders, may request in writing a hearing before such state official, and may present such further evidence with respect to the financial responsibility, organization, plant and equipment, or experience of himself or other bidders as might tend to justify a different classification.
Where request is made for the change of classification of another bidder, the applicant shall notify such bidder by registered mail of the time and place of hearing, and at the hearing shall present to the state official satisfactory evidence to the effect that the notice was served as herein required, before any matters pertaining to a change of classification of such bidder shall be taken up by the state official.
After hearing the additional evidence, the state official may, in his discretion, by appropriate ruling, change or retain the classification of any bidder.
No change in classification to be effective for any public work, the letting of which has been duly advertised, shall be made unless a written request as aforesaid shall have been received at least twenty days preceding the final day for submission of bids.
All such requests for change in classification and notice of any action sent by registered mail to the parties directly affected thereby, must be acted upon by the state official concerned at least twelve days prior to the date fixed for the next opening of bids on any contract or contracts for which such persons might be qualified to bid as a result of such reclassification.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:35-5 - Board of review; personnel; secretary

52:35-5. Board of review; personnel; secretary
The board of review upon classification and reclassification of bidders, established by the act entitled "An act to regulate bidding upon public work, providing for prequalification and classification of bidders, fixing penalties relating thereto, and repealing acts and parts of acts inconsistent herewith," approved April twentieth, one thousand nine hundred and thirty-one (L.1931, c. 165, p. 308), is continued.
The board shall consist of the state official concerned or one member of any board, commission, committee, department or other branch of the state government concerned, to be designated by it; the attorney general or one of his assistants or deputies designated by him; and the secretary of state or one of his assistants or deputies designated by him.
The secretary of state shall be the secretary of the board and shall keep a complete record of proceedings and decisions before the board. The members of the board shall serve without additional compensation.