reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-8 - Bids for provision or performance of goods or services.

40A:11-8 Bids for provision or performance of goods or services.
8. Every contracting agent shall, at intervals to be fixed by the governing body, solicit by public advertisement the submission of bids for the provision or performance of goods or services which are and which under section 4 of P.L.1971, c.198 (C.40A:11-4) can be contracted to be provided or performed only after public advertisement for bids and bidding therefor and all contracts for the provision or performance of such goods or services shall be awarded only in that manner.
L.1971,c.198,s.8; amended 1999, c.440, s.14.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-9a - Current purchasing agent, lower bid threshold.

40A:11-9a Current purchasing agent, lower bid threshold.
4. An individual who is the duly authorized purchasing agent of a contracting unit and does not possess a qualified purchasing agent certificate on the date of enactment of P.L.2009, c.166 may continue to be referred to as the purchasing agent, but the bid threshold for that contracting unit shall be set at $17,500 until such time as that individual obtains a qualified purchasing agent certificate. A contracting unit exercising this authority shall file a letter to this effect with the director.
L.2009, c.166, s.4.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-9.1 - List of sources for green product purchasing.

40A:11-9.1 List of sources for green product purchasing.
2. The State Treasurer, through the Division of Purchase and Property, in consultation with the Department of Environmental Protection and any other appropriate State agencies, shall develop a list of sources for green product purchasing by contracting units, and provide regular revisions of the list, on the Internet web page of the Department of the Treasury and shall have the authority to specify appropriate and reasonable standards for the identification of a list of sources for green products.
L.2007, c.332, s.2.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-10 - Joint agreements for provision and performance of goods and services; cooperative marketing; authorization.

40A:11-10 Joint agreements for provision and performance of goods and services; cooperative marketing; authorization.
10. Joint agreements for provision and performance of goods and services; cooperative marketing; authorization.
(a) (1) The governing bodies of two or more contracting units may provide by joint agreement for the provision and performance of goods and services for use by their respective jurisdictions.
(2) The governing bodies of two or more contracting units providing sewerage services pursuant to the "sewerage authorities law," P.L.1946, c.138 (C.40:14A-1 et seq.), the "municipal and county utilities authorities law," P.L.1957, c.183 (C.40:14B-1 et seq.), R.S.58:14-1 et seq. or R.S.40:63-68 et seq. may provide by joint agreement for the purchase of goods and services related to sewage sludge disposal.
(3) The governing body of two or more contracting units providing electrical distribution services pursuant to and in accordance with R.S.40:62-12 through R.S.40:62-25, may provide by joint agreement for the provision or performance of goods or services related to the distribution of electricity.
(4) The governing bodies of two or more contracting units may provide for the cooperative marketing of recyclable materials recovered through a recycling program.
(5) The governing bodies of two or more contracting units may provide by joint agreement for the purchase of the services of a private aggregator for the purpose of facilitating the joint action of two or more municipalities in granting municipal consent for the provision of cable television service pursuant to R.S.40:48-1 et seq. and the "Cable Television Act," P.L.1972, c.186 (C.48:5A-1 et seq.) as amended and supplemented.
(6) The governing bodies of two or more contracting units may provide by joint agreement for the purchase of fire equipment.
(b) The governing body of any contracting unit may provide by joint agreement with the board of education of any school district or any State or county college for the provision and performance of goods and services for use by their respective jurisdictions.
(c) Such agreement shall be entered into by resolution adopted by each of the participating bodies and boards, which shall set forth the categories of goods or services to be provided or performed, the manner of advertising for bids and of awarding of contracts, the method of payment by each participating body and board, and other matters deemed necessary to carry out the purposes of the agreement.
(d) Each participating body's and board's share of expenditures for purchases under any such agreement shall be appropriated and paid in the manner set forth in the agreement and in the same manner as for other expenses of the participating body and board.
L.1971, c.198, s.10; amended 1977, c.182; 1985, c.452, s.1; 1991, c.143, s.3; 1995, c.103, s.5; 1995, c.356, s.7; 1999, c.440, s.16; 2003, c.38, s.2; 2013, c.89; 2013, c.207, s.2.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-12 - Contracting unit purchases through State agency; procedure.

40A:11-12 Contracting unit purchases through State agency; procedure.
12. a. Any contracting unit under this act may without advertising for bids, or having rejected all bids obtained pursuant to advertising therefor, purchase any goods or services under any contract or contracts for such goods or services entered into on behalf of the State by the Division of Purchase and Property in the Department of the Treasury.
b. A contracting unit may also use, without advertising for bids, or having rejected all bids obtained pursuant to advertising, the Federal Supply Schedules of the General Services Administration or schedules from other federal procurement programs promulgated by the Director of the Division of Purchase and Property in the Department of the Treasury pursuant to section 1 of P.L.1996, c.16 (C.52:34-6.1), subject to the following conditions:
(1) the price of the goods or services being procured is no greater than the price offered to federal agencies;
(2) (Deleted by amendment, P.L.2006, c.10);
(3) the contracting unit receives the benefit of federally mandated price reductions during the term of the contract;
(4) the price of the goods or services being procured is no greater than the price of the same or equivalent goods or services under the State contract, unless the contracting unit determines that because of factors other than price, selection of a vendor from the Federal Supply Schedules or schedules from other federal procurement programs would be more advantageous to the contracting unit;
(5) a copy of the purchase order relating to any such contract, the requisition or request for purchase order, if applicable, and documentation identifying the price of the goods or services under the Federal Supply Schedules or schedules from other federal procurement programs shall be filed with the Director of the Division of Purchase and Property in the Department of the Treasury within five working days of the award of any such contract by the contracting unit.
c. Whenever a purchase is made, the contracting unit shall place its order with the vendor offering the lowest price, including delivery charges, that best meets the requirements of the contracting unit. Prior to placing such an order, the contracting unit shall document with specificity that the goods or services selected best meet the requirements of the contracting unit.
L.1971,c.198,s.12; amended 1996, c.16, s.3; 1999, c.440, s.18; 2006, c.10,s.4.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-12.7 - Contracting unit may use electronic procurement processes.

40A:11-12.7 Contracting unit may use electronic procurement processes.
14. Notwithstanding any provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.) to the contrary, a contracting unit 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.14.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-13a - Contracts, low-volume road, reclaimed asphalt pavement, maximum percentage, total pavement mixtures.

40A:11-13a Contracts, low-volume road, reclaimed asphalt pavement, maximum percentage, total pavement mixtures.
2. a. Notwithstanding any law, rule, or regulation to the contrary, when entering into a contract for a local road project on a low-volume road, which project does not receive State funds, a local contracting unit, as defined in and subject to the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.), shall authorize the contracted party to use reclaimed asphalt pavement constituting a maximum of 50 percent, by weight, of the total pavement mixture for base and intermediate pavement courses, and a maximum of 35 percent, by weight, of the total pavement mixture for surface pavement courses, provided that any person or entity that seeks to enter into or renew a contract for the project certifies to the local contracting unit, prior to the award of the contract, that:
(1) all asphalt mixtures containing reclaimed asphalt pavement used in the local road project consist of only materials, mixtures, binders, and aggregates that have been approved under current Department of Transportation standard specifications;
(2) the person or entity will maintain records of all stockpiles of reclaimed asphalt pavement used in the local road project including, but not limited to, any test results, approval letters from the Department of Transportation, requests for approval to the department and all data submitted therewith, and drawings of stockpile locations at the plant site, including unapproved stockpiles, copies of which shall be provided to the local contracting unit upon request; and
(3) the person or entity will maintain records of any performance testing performed on the local road project, copies of which shall be provided to the local contracting unit upon request.
b. As used in this section, "low-volume road" means a road, street, or thoroughfare which has an equivalent (80kN) single-axle load level of 300,000 or less over a 20-year design period, and is open to travel by the public.
c. Nothing in P.L.2023 c.160 (C.27:2-8.1 et al.) shall be construed as prohibiting a contractor from installing asphalt mixtures that have been approved by the New Jersey Department of Transportation in compliance with the New Jersey Department of Transportation specification for high reclaimed asphalt pavement mixtures.
L.2023, c.160, s.2.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-13.1 - Payment from bequest, legacy or gift; conditions.

40A:11-13.1 Payment from bequest, legacy or gift; conditions.
20. Goods or services, the payment for which utilizes only funds received by a contracting unit from a bequest, legacy or gift, shall be subject to the provisions of P.L.1971, c.198 (C.40A:11-1 et seq.), except that if such bequest, legacy or gift contains written instructions as to the specifications, manufacturer or vendor, or source of supply of the goods or services to be provided or performed, such instructions shall be honored, provided that the bequest, legacy or gift is used in a manner consistent with N.J.S.40A:5-29.
L.1999,c.440,s.20.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-13.2 - Rejection of bids; reasons.

40A:11-13.2 Rejection of bids; reasons.
21. A contracting unit may reject all bids for any of the following reasons:
a. The lowest bid substantially exceeds the cost estimates for the goods or services;
b. The lowest bid substantially exceeds the contracting unit's appropriation for the goods or services;
c. The governing body of the contracting unit decides to abandon the project for provision or performance of the goods or services;
d. The contracting unit wants to substantially revise the specifications for the goods or services;
e. The purposes or provisions or both of P.L.1971, c.198 (C.40A:11-1 et seq.) are being violated;
f. The governing body of the contracting unit decides to use the State authorized contract pursuant to section 12 of P.L.1971, c.198 (C.40A:11-12).
L.1999,c.440,s.21.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-14 - Form of contracts.

40A:11-14 Form of contracts.
14. All contracts for the provision or performance of goods or services shall be in writing. The governing body of any contracting unit may, subject to the requirements of law, prescribe the form 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.1971,c.198,s.14; amended 1975, c.353, s.10; 1999, c.440, s.22.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-15.1 - Insurance contract to fund actuarial liability

40A:11-15.1. Insurance contract to fund actuarial liability
1. Notwithstanding the provisions of subsection (6) of section 15 of P.L.1971, c.198 (C.40A:11-15) to the contrary, a county or a municipality in which a pension fund has been established pursuant to P.L.1943, c.160 (C. 43:10-18.1 et seq.), R.S.43:10-1 through R.S.43:10-18, P.L.1948, c.310 (C.43:10-18.50 et seq.), or P.L.1954, c.218 (C.43:13-22.3 et seq.), may enter into an insurance contract to fund the actuarial liability of its pension system, for a term which may not exceed the term of the actuarial liability covered by the contract.
L.1985,c.68,s.1; amended 1994,c.185,s.2.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-15.2 - Contracts for purchase of electricity for new county correction facility

40A:11-15.2. Contracts for purchase of electricity for new county correction facility
63. In the case of construction of a new county correction facility, in addition to the purchase of thermal energy, contracts for the purchase of electricity shall be permitted pursuant to subsection (1)(c) of section 15 of P.L.1971, c.198 (C.40A:11-15).
L.1999,c.23,s.63.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-15.3 - Contract for marketing of recyclable materials.

40A:11-15.3 Contract for marketing of recyclable materials.
1. a. Notwithstanding the provisions of section 15 of P.L.1971, c.198 (C.40A:11-15) to the contrary, a county government contracting unit may enter into or extend a contract for the marketing of recyclable materials recovered through a recycling program subject to the following conditions:
(1) The program includes one or more interlocal services agreements with municipalities in that county for the delivery of recyclable materials to a contractor; and
(2) The contract for the marketing of recyclable material includes fixed or formula based fees for the marketing services so provided and the contractor owns the buildings and equipment necessary to perform the contract.
b. Whenever an existing contract satisfies the conditions contained in subsection a. of this section, the contract may be extended for a period of up to 10 years; however, the length of the existing contract together with any extension thereof shall not exceed a total of 12 years. A new contract for the marketing of recyclable materials shall not exceed 10 years. Notwithstanding the provisions of section 5 of P.L.1971, c.198 (C.40A:11-5) to the contrary, a new contract for the marketing of recyclable materials for a term exceeding five years shall be entered into pursuant to public bidding or competitive contracting.
L.2003, c.150, s.1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-16.1 - $100,000 contracts for improvements to real property; retainage, security

40A:11-16.1. $100,000 contracts for improvements to real property; retainage, security
1. Whenever any contract, the total price of which exceeds $100,000.00, entered into by a contracting unit, 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 contracting unit 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 contracting unit. 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 contracting unit.
L.1979,c.152,s.1; amended 1991,c.434,s.1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-16.2 - Partial payments; deposit bonds.

40A:11-16.2 Partial payments; deposit bonds.
1. Any contract, the total price of which exceeds $100,000.00, entered into by a contracting unit 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 contracting unit pursuant to P.L.1979, c.152 (C.40A:11-16.1).
L.1979,c.464,s.1; amended 1999, c.440, s.25.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-16.3 - Withholding of payments.

40A:11-16.3 Withholding of payments.
2. a. With respect to any contract entered into by a contracting unit pursuant to section 1 of P.L.1979, c.464 (C.40A:11-16.2) for which the contractor shall agree to the withholding of payments pursuant to P.L.1979, c.152 (C.40A:11-16.1), 2% of the amount due on each partial payment shall be withheld by the contracting unit 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 contracting unit 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 contracting unit, without further withholding of any amounts for any purpose whatsoever, provided that the contract has been completed as indicated. If the contracting unit 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.1979,c.464,s.2; amended 1991, c.434, s.2; 1999, c.440, s.26.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-16.4 - Partial payments for materials.

40A:11-16.4 Partial payments for materials.
3. Any contract entered into by a contracting unit pursuant to section 1 of P.L.1979, c.464 (C.40A:11-16.2) may also provide for partial payments at least once in each month with respect to all materials placed along or upon the site, or stored at secured locations, which are suitable for use in the execution of the contract, if the person providing the materials furnishes releases of liens for the materials at the time each estimate of work is submitted for payment. The total of all the partial payments shall not exceed the cost of the materials.
L.1979,c.464,s.3; amended 1999, c.440, s.27.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-16.5 - Renegotiation of contract to reflect increase in solid waste disposal costs

40A:11-16.5. Renegotiation of contract to reflect increase in solid waste disposal costs
Any person entering into a contract with a contracting unit pursuant to the provisions of P.L.1971, c.198 (C.40A:11-1 et seq.), 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.
L.1989, c.236, s.1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-16.8 - Rules, regulations.

40A:11-16.8 Rules, regulations.
2. The Commissioner of Community Affairs, not later than 90 days immediately following the effective date of P.L.2017, c.317 (C.40A:11-16.7 et seq.), shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as may be necessary to standardize the forms and procedures throughout the State for the new changed conditions process.
L.2017, c.317, s.2.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-17 - Number of working days specified

40A:11-17. Number of working days specified
All specifications for the doing of any public work for a contracting unit 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 such contract shall contain a provision for a deduction, from the contract price, or any wages paid by the contracting unit to any inspector or inspectors necessarily employed by it on the work, for any number of days in excess of the number allowed in the specifications.
L.1971, c. 198, s. 17, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-18 - American goods and products to be used where possible

40A:11-18. American goods and products to be used where possible
Each local unit shall provide, in the specifications for all contracts for county or municipal work or for work for which it will pay any part of the cost, or work which by contract or ordinance it will ultimately own and maintain, that only manufactured and farm products of the United States, wherever available, be used in such work.
L.1971, c. 198, s. 18, eff. July 1, 1971. Amended by L.1982, c. 107, s. 1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-19 - Liquidated damages; void provisions as to contractor's remedies

40A:11-19. Liquidated damages; void provisions as to contractor's remedies
19. Any contract made pursuant to P.L.1971, c.198 (C.40A:11-1 et seq.) 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 P.L.1971, c.198 (C.40A:11-1 et seq.). 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 P.L.1971, c.198 (C.40A:11-1 et seq.) 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.1971,c.198,s.19; amended 1999, c.440, s.28; 2001, c.206, s.1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-19.1 - Payment of interest by contracting unit; definitions.

40A:11-19.1 Payment of interest by contracting unit; definitions.
2. A contracting unit, as defined in section 2 of P.L.1971, c.198 (C.40A:11-2), shall pay interest on the amount due a business concern pursuant to a properly executed invoice, when required, if the required payment is not made on or before the required payment date.
Unless otherwise provided for in the contract, the required payment date shall be 60 calendar days from the date specified in the contract or if no required payment is specified in the contract, then the required payment date shall be 60 calendar days from the receipt of a properly executed invoice, or 60 calendar days from the receipt of goods or services, whichever is later. Interest shall not be paid unless goods and services are rendered.
Interest on amounts due shall be paid to the business concern for the period beginning on the day after the required payment date and ending on the date on which the check for payment is drawn.
Interest shall be paid at the rate specified by the State Treasurer for State late payments to business concerns pursuant to section 4 of P.L.1987, c.184 (C.52:32-35).
Interest may be paid by separate payment to a business concern, but shall be paid within 30 days of the late payment.
A contracting unit may waive the interest payment for a delinquency due to circumstances beyond the control of the contracting unit, including but not limited to a strike or natural disaster.
As used in this section, "business concern" means any person engaged in a trade or business, including a private nonprofit entity operating as an independent contractor, providing goods or services directly to a contracting unit or to a designated third party and operating pursuant to a contract with a contracting unit which requires either a single payment or multiple payments, but shall not include a "public utility" as defined in R.S.48:2-13.
L.2018, c.127, s.2.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-20 - Certificate of bidder showing ability to perform contract

40A:11-20. Certificate of bidder showing ability to perform contract
There may be required from any bidder submitting a bid on public work to any contracting unit, duly advertised for in accordance with law, a certificate showing that he owns, leases, or controls all the necessary equipment required by the plans, specifications and advertisements under which bids are asked for and if the bidder is not the actual owner or lessee of any such equipment, his certificate shall state the source from which the equipment will be obtained, and shall be accompanied by a certificate from the owner or person in control of the equipment definitely granting to the bidder the control of the equipment required during such time as may be necessary for the completion of that portion of the contract for which it is necessary.
L.1971, c. 198, s. 20, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-21 - Guarantee to be furnished with bid.

40A:11-21 Guarantee to be furnished with bid.
21. A person bidding on a contract for the erection, alteration or repair of a public building, structure, facility or other improvement to real property, the total price of which exceeds $100,000, shall furnish a guarantee as provided for herein. A contracting unit may provide that a person bidding on any other contract, advertised in accordance with law, shall furnish a guarantee as provided for herein. The guarantee shall be payable to the contracting unit so that if the contract is awarded to the bidder, the bidder will enter into a contract therefor and will furnish any performance bond or other security required as a guarantee or indemnification. The guarantee shall be in the amount of 10% of the bid, but not in excess of $20,000.00, except as otherwise provided herein, and may be given, at the option of the bidder, by certified check, cashier's check or bid bond. In the event that any law or regulation of the United States imposes any condition upon the awarding of a monetary grant to any contracting unit, which condition requires the depositing of a guarantee in an amount other than 10% of the bid or in excess of $20,000.00 the provisions of this section shall not apply and the requirements of the law or regulation of the United States shall govern.
L.1971,c.198,s.21; amended 1974, c.189; 1999, c.39, s.3; 1999, c.440. s.29.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-22 - Surety company certificate.

40A:11-22 Surety company certificate.
22. a. A person bidding on a contract for the erection, alteration or repair of a building, structure, facility or other improvement to real property, the total price of which exceeds $100,000, shall furnish a certificate from a surety company, as provided for herein. A contracting unit may provide that a person bidding on any other contract shall furnish a certificate from a surety company, as provided for herein.
b. When a surety company bond is required in the advertisement or specifications for a contract, every contracting unit shall require from any bidder submitting a bid in accordance with plans, specifications and advertisements, as provided for by law, a certificate from a surety company stating that it will provide the contractor with a bond in such sum as is required in the advertisement or in the specifications.
This certificate shall be obtained for a bond--
(1) For the faithful performance of all provisions of the specifications or for all matters which may be contained in the notice to bidders, relating to the performance of the contract, and
(2) If any be required, for a guarantee bond for the faithful performance of the contract provisions relating to the repair and maintenance of any work, project or facility and its appurtenances and keeping the same in good and serviceable condition during the term of the bond as provided for in the notice to bidders or in the specifications, or
(3) In such other form as may be provided in the notice to bidders or in the specifications.
If a bidder desires to offer the bond of an individual instead of that of a surety company, the bidder shall submit with the bid a certificate signed by such individual similar to that required of a surety company.
The contracting unit may reject any such bid if it is not satisfied with the sufficiency of the individual surety offered.
L.1971,c.198,s.22; amended 1999, c.39, s.4; 1999, c.440, s.30.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-23.1a - Approval of change order under certain circumstances.

40A:11-23.1a Approval of change order under certain circumstances.
2. In the case of a project for the erection, alteration, or repair of a building, structure, facility or other improvement to real property, the total price of which exceeds the amount set forth in, or the amount calculated by the Governor pursuant to, section 3 of P.L.1971, c.198 (C.40A:11-3), that does not have historical or suspected soil contamination, or for which the plans, specifications and bid proposal documents for the project do not include a line item allowance or minimum unit price line item for soil testing and contaminated soil disposal pursuant to subsection e. of section 1 of P.L.1999, c.39 (C.40A:11-23.1), and contaminated soil from the site cannot be disposed of pursuant to the plans, specifications and bid proposal documents due to the contaminated soil being found to be different from the type or quality originally disclosed, the contracting unit shall approve, consistent with and subject to the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.), and any rules or regulations adopted pursuant thereto, a change order to reimburse the contractor for the additional reasonable costs, as determined by the contracting unit, required to test and dispose of the contaminated soil.
L.2012, c.73, s.2.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-23.2 - Mandatory items for bid plans, specifications.

40A:11-23.2 Mandatory items for bid plans, specifications.
2. When required by the bid plans and specifications, the following requirements shall be considered mandatory items to be submitted at the time specified by the contracting unit for the receipt of the bids; the failure to submit any one of the mandatory items shall be deemed a fatal defect that shall render the bid proposal unresponsive and that cannot be cured by the governing body:
a. A guarantee to accompany the bid pursuant to section 21 of P.L.1971, c.198 (C.40A:11-21);
b. A certificate from a surety company pursuant to section 22 of P.L.1971, c.198 (C.40A:11-22);
c. A statement of corporate ownership pursuant to section 1 of P.L.1977, c.33 (C.52:25-24.2);
d. A listing of subcontractors pursuant to section 16 of P.L.1971, c.198 (C.40A:11-16);
e. A document provided by the contracting agent in the bid plans, specifications, or bid proposal documents for the bidder to acknowledge the bidder's receipt of any notice or revisions or addenda to the advertisement or bid documents.
f. (Deleted by amendment, P.L.2009, c.315.)
L.1999, c.39, s.2; amended 2004, c.57, s.1; 2009, c.315, s.1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-23.3 - Withdrawal of public works bid.

40A:11-23.3 Withdrawal of public works bid.
3. a. In the case of a bidding process for a public works contract, a bidder may request withdrawal of a bid, due to a mistake on the part of the bidder, within five business days after a bid opening. As used in this section, "mistake" shall have the same meaning as provided in paragraph 42 of section 2 of P.L.1971, c.198 (C.40A:11-2).
b. To request the withdrawal of a public works bid, a bidder shall submit a request for withdrawal in writing by certified or registered mail to the address to which the bid was submitted. The request shall be effective upon mailing. The request shall include evidence, including any pertinent documents, demonstrating that a mistake was made and was of so great a consequence that:
(1) the enforcement of the contract, if actually made, would be unconscionable;
(2) the mistake relates to a material feature of the bid;
(3) the mistake occurred notwithstanding the fact that the bidder exercised reasonable care in preparation of the bid; and
(4) the bidder making the mistake is able to get relief by way of withdrawing the bid without serious prejudice to the contracting unit, except for the loss of the bargain to the contracting unit.
c. A purchasing agent qualified pursuant to subsection b. of section 9 of P.L.1971, c.198 (C.40A:11-9), or legal counsel for the contracting unit, or the chief administrative officer of the contracting unit, shall review the request for bid withdrawal. No later than the next meeting of the governing body of the contracting unit following receipt of the withdrawal request, the individual responsible for reviewing the request shall make a recommendation to the governing body of the contracting unit concerning the disposition of the request. The governing body of the contracting unit shall act upon the request to withdraw the bid no later than at its next regular meeting.
d. The purchasing agent, legal counsel, or chief administrative officer responsible for reviewing the request pursuant to subsection b. of this section, shall act in good faith in reviewing the request and in making a recommendation to the governing body concerning the disposition of a request to withdraw a bid.
e. A contracting unit whose governing body grants a request to withdraw a bid shall return the bid guarantee to the bidder. Once the decision to approve the withdrawal is made, the contracting unit shall continue the award process with the remaining bids.
f. If a bidder withdraws a bid, the bidder shall be disqualified from future bidding on the same project, including whenever all bids are rejected pursuant to section 21 of P.L.1999, c.440 (C.40A:11-13.2).
L.2010, c.108, s.3.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-23.4 - "Bulletin NJ."

40A:11-23.4 "Bulletin NJ."
1. a. The Division of Local Government Services in the Department of Community Affairs, in consultation with the Office of Information Technology, shall design, develop, and maintain a single, searchable Internet database, to be known as "Bulletin NJ," that contains and displays information on requests for proposals and other government procurement opportunities published by a contracting unit or a board of education, as defined by N.J.S.18A:18A-2.
b. Each entry in the Internet database shall include information as required pursuant to rules and regulations adopted by the Division of Local Government Services.
c. In addition to the requirements specified in subsection a. of this section, the Internet database shall:
(1) be accessible from the Division of Local Government Services Internet website;
(2) display all of the information required by subsection b. of this section;
(3) be searchable by the name of the contracting unit or board of education publishing the request for proposals;
(4) be reviewed and updated at least once per month or more frequently as new information becomes available or changes are necessary; and
(5) provide an opportunity for the public to submit input and feedback concerning the utility of the Internet database and recommendations for its improvement.
d. All contracting units and boards of education, as defined by N.J.S.18A:18A-2, are directed to submit information as required pursuant to rules and regulations adopted by the Division of Local Government Services.
e. Nothing in this section shall require the disclosure of information deemed confidential by State or federal law.
f. Nothing in this section shall be interpreted to invalidate or otherwise impact an otherwise valid contract entered in to pursuant to the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.) or the "Public School Contracts Law," N.J.S.18A:18A-1 et seq.
L.2011, c.71, s.1.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-23.5 - Rules, regulations.

40A:11-23.5 Rules, regulations.
2. The Division of Local Government Services in the Department of Community Affairs shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to effectuate the purposes of this act.
L.2011, c.71, s.2.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-24 - Time for making awards; deposits returned

40A:11-24. Time for making awards; deposits returned
24. a. The contracting unit 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 contracting unit, 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 be returned, unless otherwise requested by the bidder, within 10 days after the opening of the bids, Sundays and holidays excepted, and the bids of such bidders shall be considered as withdrawn. Within three days, Sundays and holidays excepted, after the awarding and signing 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.
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 contracting unit, 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 contracting unit, 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.1971, c.198, s.24; amended by L. 1975, c. 353, s. 14; 1977, c. 53, s. 8; 1983, c. 175; 1987, c. 48, s. 2.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-26 - Standard questionnaire; effect of unsatisfactory answers.

40A:11-26 Standard questionnaire; effect of unsatisfactory answers.
26. The governing body of any contracting unit may adopt a standard form of statement or questionnaire for bidders and may require from any person proposing to bid upon any such contract a statement or answers showing the bidder's financial ability and experience in performing public sector work and describing the equipment available to such bidder in the performance of such contract, and if not satisfied with the sufficiency of this statement or answers may refuse to furnish plans and specifications to the bidder.
L.1971,c.198,s.26; amended 1999, c.440, s.33.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-27 - Standard statements and questionnaires; prospective bidders; responses.

40A:11-27 Standard statements and questionnaires; prospective bidders; responses.
27. Such statements and questionnaires shall be standardized for like classes of goods or services to be submitted to prospective bidders who may be required to respond to questions under oath. The statement or answer shall disclose fully the financial ability, adequacy of plant and equipment, organization and prior experience of the prospective bidder, and such other pertinent and material facts as may be required.
L.1971,c.198,s.27; amended 1999, c.440, s.34.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-28 - Classification of prospective bidders; notice.

40A:11-28 Classification of prospective bidders; notice.
28. Prospective bidders shall be classified as to the character and amount of goods or services contracts as to which they shall be qualified to submit bids, and bids shall be accepted only from persons so qualified. The classification shall be made and an immediate notice thereof shall be sent to the prospective bidders by certified or registered mail within eight days after the date of receipt of the responsive statement or answers.
L.1971,c.198,s.28; amended 1999, c.440, s.35.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-29 - Reclassification of prospective bidders; request for; time limit.

40A:11-29 Reclassification of prospective bidders; request for; time limit.
29. If any person, after being notified of a classification, shall be dissatisfied therewith or with the classification of other bidders, that person may request in writing a hearing before such governing body, and may present such further evidence with respect to the financial responsibility, organization, plant and equipment, or experience of that person or other prospective bidders as might tend to justify a different classification.
Where a request is made for the change of classification of another prospective bidder, the applicant therefor shall notify such other bidder by certified or registered mail of the time and place of hearing, as fixed by the governing body, and at the hearing shall present satisfactory evidence that the notice was served as herein required, before any matters pertaining to a change of classification of such other bidder shall be taken up. After hearing such evidence the governing body may, in its discretion, by appropriate action, change or retain the classification of any bidder.
No change in classification to be effective for any contract where bidding therefor has been duly advertised, shall be made unless the written request therefor shall have been received at least 20 days before the final day for submission of bids.
All requests for change in classification and notice of any action sent by certified or registered mail to the parties directly affected thereby, shall be acted upon by the governing body concerned at least eight 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 the reclassification.
L.1971,c.198,s.29; amended 1999, c.440, s.36.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-30 - Board of review upon classification; membership, et cetera

40A:11-30. Board of review upon classification; membership, et cetera
There is hereby established a board of review upon classification and reclassification of prospective bidders. This board shall consist of one member of the governing body of the contracting unit concerned and two citizens of the county or municipality to be designated by such governing body. In all counties having a county supervisor, he shall be a member of the board of review instead of one of the citizens. The clerk of the contracting unit shall be the secretary of the board of review and shall keep a complete record of its proceedings and decisions. The members of the board shall serve without compensation.
L.1971, c. 198, s. 30, eff. July 1, 1971.
2023 New Jersey Revised Statutes › Title 40A - Municipalities and Counties › Section 40A:11-31 - Reconsideration by board of review; request for; time limit.

40A:11-31 Reconsideration by board of review; request for; time limit.
31. Any prospective bidder who is dissatisfied with an original classification or reclassification may upon receipt of notice thereof, request in writing a hearing of the matter before the board of review. The request shall be filed with the contracting agent and the secretary of the board.
The board shall hold a hearing at which the prospective bidder shall be entitled to be heard and to submit additional information.
The board shall review the responsibility of all prospective bidders who have filed statements or answers, considering both the statement, answers and any additional information given at the hearing, and shall certify to the contracting unit concerned, its decision as to the original classifications or reclassifications, if any. The decisions shall be made by a majority vote.
In order for any change in classification by the board to be effective for a contract previously advertised, the request shall be filed not less than five days prior to the final day for submission of bids, and the board shall hold a hearing and act upon the request not less than two days prior to the date fixed for the next opening of bids on any public works contract for which such prospective bidders might be qualified to bid as a result of the reclassification.
L.1971,c.198,s.31; amended 1999, c.440, s.37.