reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-22 - Annual budget requests for State support of colleges

18A:64A-22. Annual budget requests for State support of colleges
18A:64A-22. Notwithstanding any other law to the contrary, the Council of County Colleges may submit to the State Treasurer annual budget requests for State support of county colleges. Within the limits of funds appropriated for such purposes, the board of trustees of a county college may based upon the itemized statement fixed and determined pursuant to N.J.S.18A:64A-17 apply to the State Treasurer and receive State support:
a. For capital projects in amounts not to exceed one-half of the cost of said capital projects, and
b. For operational costs to the extent of 43% but not to exceed 50% of the educational and general costs of the county colleges in the base year; provided, however, that for the purposes of determining State aid, only credit courses and noncredit remedial, developmental, general education development and adult basic education courses shall be included in calculating such costs. This sum shall be distributed to the county colleges by the treasurer in consultation with the Council of County Colleges according to a formula that includes categorical support and differential funding based on program costs.
No county college shall receive more than 50% of its projected educational and general costs through the provisions of this act.
Each county which operates a county college shall continue to provide moneys for the support of the college in an amount no less than those moneys provided in the year in which this act is enacted or 25% of the operational expense in the base State fiscal year, whichever is greater.
State support for the operational expenses of county colleges shall be made within limits of State appropriation.
L.1967, c.271; amended 1977,c.133; 1979,c.110; 1981,c.329,s.5; 1994, c.48,s.134.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-22.1 - County college capital project aid.

18A:64A-22.1 County college capital project aid.
1. Whenever the funds appropriated are insufficient to satisfy the State's share of capital projects for county colleges pursuant to N.J.S.18A:64A-22, additional State support for such projects shall be made available to counties in which county colleges are located for the payment of interest and principal on bonds and notes entitled to the benefits of this act and interest on notes issued in anticipation thereof and entitled to the benefits of the "County College Capital Projects Fund Act," P.L.1997, c.360 (C.18A:72A-12.2 et seq.), provided that the total principal amount of such bonds and notes shall not exceed $265,000,000, except that all administrative costs associated with the approval process and the issuance of bonds shall not be included within the total aggregate principal amount of bonds issued.
L.1971, c.12, s.1; amended 1985, c.136; 1994, c.48, s.135; 1997, c.360, s.7; 2000, c.111; 2004, c.100; 2009, c.308, s.48.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-22.2 - Action by State Treasurer.

18A:64A-22.2 Action by State Treasurer.
2. Whenever the State Treasurer shall determine that he is unable to provide State support for a capital project of a county college pursuant to N.J.S.18A:64A-22 within the limit of available State appropriations, the State Treasurer shall determine the amount of bonds and notes entitled to the benefits of this act and the "County College Capital Projects Fund Act," P.L.1997, c.360 (C.18A:72A-12.2 et seq.) and not theretofore allocated to another capital project. The State Treasurer shall determine the necessity or advisability of making available additional State support for the capital project. To the extent he determines additional support is necessary or advisable, he shall certify to the board of chosen freeholders of the county in which said capital project is located, the county college at which the capital project is located, and the New Jersey Educational Facilities Authority the amount of bonds or notes relating to the capital project which shall be entitled to the benefits of this act and the "County College Capital Projects Fund Act," P.L.1997, c.360 (C.18A:72A-12.2 et seq.), which amount shall not exceed the amount of bonds and notes entitled to the benefit of those acts and not theretofore allocated to another capital project. A copy of such certification shall be filed by the State Treasurer with the Director of the Division of Local Finance.
L.1971,c.12,s.2; amended 1994, c.48, s.136; 1997, c.360, s.8.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-22.3 - Issuance of bonds, notes.

18A:64A-22.3 Issuance of bonds, notes.
3. At any time within one year of the certification by the State Treasurer to the board of chosen freeholders, the county college at which the capital project is located, and the New Jersey Educational Facilities Authority pursuant to section 2 of P.L.1971, c.12 (C.18A:64A-22.2), the board of chosen freeholders is authorized to issue bonds, or notes in anticipation thereof, in an aggregate amount not exceeding the amount set forth in the treasurer's certification. Bonds or notes may also be issued by the New Jersey Educational Facilities Authority pursuant to the provisions of the "County College Capital Projects Fund Act," P.L.1997, c.360 (C.18A:72A-12.2 et seq.) or by another legally empowered issuer in an aggregate amount not exceeding the amount set forth in the State Treasurer's certification. Bonds issued by any issuer other than the authority or the board of chosen freeholders pursuant to the "County College Capital Projects Fund Act," P.L.1997, c.360 (C.18A:72A-12.2 et seq.) shall be subject to the provisions of P.L.1971, c.12 (C.18A:64A-22.1 et seq.) in the same manner as bonds or notes issued by the board of chosen freeholders; provided that in the event bonds or notes are issued by another legally empowered issuer, the bonds or notes shall be sold by the issuer by competitive sale unless the State Treasurer expressly consents in writing to a negotiated sale of the bonds or notes by the issuer. Such bonds shall be in addition to the sums authorized to be borrowed by said board pursuant to N.J.S.18A:64A-19 for the purpose of funding the county share of such capital projects. No bonds or notes, other than bonds or notes issued by the New Jersey Educational Facilities Authority as authorized pursuant to the "County College Capital Projects Fund Act," P.L.1997, c.360 (C.18A:72A-12.2 et seq.), shall be issued pursuant to this act bearing an interest rate in excess of a maximum rate theretofore specified by the State Treasurer and, in the case of bonds, unless the State Treasurer has theretofore approved the maturity schedule for the repayment of said bonds.
L.1971,c.12,s.3; amended 1997, c.360, s.9.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-22.4 - Deduction from gross debt.

18A:64A-22.4 Deduction from gross debt.
4. Such additional borrowing, if entered into by the county, shall constitute a deduction from the gross debt of such county and shall not be considered in determining its net debt for debt incurring purposes.
L.1971,c.12,s.4; amended 1997, c.360, s.10.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-22.5 - Issuance of temporary notes.

18A:64A-22.5 Issuance of temporary notes.
5. Any board of chosen freeholders or other legally empowered issuer which has authorized such additional bonds may issue temporary notes in anticipation of the issuance of permanent bonds to the extent permitted by applicable law.
L.1971,c.12,s.5; amended 1997, c.360, s.11.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-22.6 - Debt service certification; appropriation, payment of funds.

18A:64A-22.6 Debt service certification; appropriation, payment of funds.
6. Within 10 days after issuance of any bonds or notes entitled to the benefits of this act, the treasurer of the county issuing such bonds or notes, or if applicable, the treasurer of the other legally empowered issuer of the bonds or notes, shall certify to the State Treasurer the exact amounts payable on account of interest and principal on such bonds and interest on such notes and the dates upon which such amounts are payable by the county or other issuer and the name and address of the paying agent or paying agents therefor. The amounts so certified by the county treasurer or the treasurer of the other issuer to the State Treasurer shall be appropriated and paid to the county, or paid to the other legally empowered issuer, on or before the dates of each payment by the county or other issuer on such bonds or notes in an amount with respect to each such date equal to the amount payable on such date and shall be used by the county or other issuer only for such payment.
L.1971,c.12,s.6; amended 1972, c.106, s.1; 1997, c.360, s.12.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-22.6a - Designation of paying agent; payments of state aid

18A:64A-22.6a. Designation of paying agent; payments of state aid
No bonds or notes entitled to the benefits of this act shall be issued unless there is designated therefor a paying agent or paying agents, at least one of which is a bank or trust company authorized to do business in this State. All amounts of State aid to be paid under the provisions of this act for debt service (principal and interest) on bonds or notes entitled to the benefits of this act shall, on or before the date for such payment of interest and principal, be paid on behalf of the county issuing such bonds or notes to the paying agent or paying agents for such bonds or notes in amount with respect to such date as reflects the amount of principal or interest, respectively, payable as to such date by reason of such State aid hereunder payable with respect to such county. Amounts so paid to such paying agent or paying agents shall be applied to the payment of debt service (principal and interest) on such bonds or notes and for no other purpose.
L.1972, c. 106, s. 2, eff. July 27, 1972.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-22.7 - Investments of proceeds; disposition of earnings.

18A:64A-22.7 Investments of proceeds; disposition of earnings.
7. On January 10 in each year the county treasurer or the treasurer of the other legally empowered issuer shall certify and pay to the State Treasurer the amount of the earnings received by the county or the issuer during the preceding year from the investment of the proceeds from the sale of such bonds or notes, provided that prior to the application of the proceeds to the purposes for which the bonds or notes have been issued such proceeds shall be invested in the State of New Jersey Cash Management Fund, established pursuant to section 1 of P.L.1977, c.281 (C.52:18A-90.4) or in such other investment as shall be explicitly authorized in writing by the State Treasurer.
L.1971,c.12,s.7; amended 1997, c.360, s.13.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-22.8 - Bonds or notes not debt or liability of state

18A:64A-22.8. Bonds or notes not debt or liability of state
Bonds or notes issued under the provisions of this act shall not be deemed to constitute a debt or liability of the State or a pledge of the faith and credit of the State but are dependent for repayment upon appropriations provided by law from time to time.
L.1971, c. 12, s. 8, eff. Jan. 28, 1971.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-23.1 - Job training course

18A:64A-23.1. Job training course
1. As used in this act, "job training course" means any course of instruction which will provide the individual with an identifiable job skill and will assist the individual in gaining reemployment, any course of instruction which is part of a training program approved pursuant to the provisions of paragraph (4) of subsection (c) of R.S.43:21-4, or any course of instruction which is part of the education and training described in the Employability Development Plan developed for the individual pursuant to section 3 of P.L.1992, c.47 (C.43:21-59).
L.1983,c.470,s.1; amended 1992,c.45,s.3.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-23.2 - County college courses

18A:64A-23.2. County college courses
2. Each county college shall permit a person who has been in the labor market for at least two years and is unemployed or has received a layoff notice as a result of a factory or plant closing to enroll without payment of tuition in a job training course, provided that the person is not eligible for any available State or federal student financial aid and that available classroom space permits and that tuition paying students constitute the minimum number required for the course. Nothing herein shall preclude a county college from requiring a registration fee not to exceed $20.00 per academic term.
L.1983,c.470,s.2; amended 1992,c.45,s.4.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-23.3 - Eligibility for continued participation in program

18A:64A-23.3. Eligibility for continued participation in program
In order to remain eligible for participation in this program, the unemployed worker shall be required to maintain a passing grade in the job training course in which he is enrolled.
L.1983, c. 470, s. 3, eff. Jan. 12, 1984.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-23.4 - Rules, regulations

18A:64A-23.4. Rules, regulations
4. The Commissioner of Labor shall promulgate rules and regulations necessary to effectuate the purposes of this act. Regulations of the State Board of Higher Education implementing this act shall remain in full force and effect until modified or repealed by the Commissioner of Labor.
L.1983,c.470,s.4; amended 1994,c.48,s.138.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-24 - Joinder in operation of county colleges by other counties

18A:64A-24. Joinder in operation of county colleges by other counties
18A:64A-24. If the board of trustees of a county college shall determine that it is in the best interest of the college to allow one or more additional counties to join in the operation of said county college and the board or boards of chosen freeholders of the county or counties then operating the county college shall approve, said board of trustees shall fix the terms and conditions under which said additional county or counties may participate in the operation of the county college.
L.1967, c.271; amended 1994,c.48,s.139.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-25.2 - Definitions

18A:64A-25.2. Definitions
2. As used in this article, unless the context otherwise indicates:
a. "Board of trustees" means the board of trustees of a county college and the community college commission of a community college agency;
b. "County college" means any body corporate known as
(1) the board of trustees of a county college established pursuant to chapter 64A of Title 18A of the New Jersey Statutes, or
(2) the community college commission of a community college agency established pursuant to P.L.1974, c.89 (C.18A:64A-30 et seq.);
c. "Contracting agent" means the business officer of the county college having the power to prepare advertisements to advertise for and receive bids and to make awards for the county college in connection with the purchases, contracts or agreements permitted by this article, or such officer, committee or employee to whom such power has been delegated by the county college;
d. "Contracts" mean contracts or agreements for the performance of work or the furnishing or hiring of services, materials or supplies as distinguished from contracts of employment;
e. "Legal newspaper" means a newspaper circulating in the county or counties in which the county college has been established, printed and published in the English language at least once a week for at least one year continuously;
f. "Materials" include goods and property subject to chapter 2 of Title 12A of the New Jersey Statutes, apparatus or any other tangible thing except real property or any interest therein;
g. "Extraordinary unspecifiable services" mean services or products which cannot be reasonably described by written specifications;
h. "Professional services" mean services rendered or performed by a person authorized by law to practice a recognized profession and whose practice is regulated by law and 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 also mean services rendered in the performance of work that is original and creative in character in a recognized field of artistic endeavor;
i. "Project" means any work, undertaking, construction or alteration;
j. "Purchases" are transactions, for a valuable consideration, creating or acquiring an interest in goods, services and property, except real property or any interest therein;
k. "Work" includes services and any other activity of a tangible or intangible nature performed or assumed pursuant to a contract or agreement with a county college.
L.1982,c.189,s.2; amended 1994,c.48,s.140.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-25.3 - Purchases, contracts and agreements not requiring advertising.

18A:64A-25.3 Purchases, contracts and agreements not requiring advertising.
3. a. Any purchase, contract or agreement for the performance of any work or the furnishing or hiring of materials or supplies, the cost or price of which, together with any sums expended for the performance of any work or services in connection with the same project or the furnishing of similar materials or supplies during the same fiscal year, paid with or out of college funds, does not exceed the total sum of $25,000 or, commencing January 1, 2003, the amount determined pursuant to subsection b. of this section in any fiscal year may be made, negotiated and awarded by a contracting agent, when so authorized by resolution of the board of trustees of the county college, without public advertising for bids and bidding therefor.
b. Commencing January 1, 2003 and every two years thereafter, the Governor, in consultation with the Department of the Treasury, shall adjust the threshold amount set forth in subsection a. of this section in direct proportion to the rise or fall of the Consumer Price Index for all urban consumers in the New York and Northeastern New Jersey and the Philadelphia areas as reported by the United States Department of Labor. The adjustment shall become effective on July 1 of the year in which it is reported.
c. Any purchase, contract or agreement made pursuant to this section may be awarded for a period of 24 consecutive months, notwithstanding that such 24 -month period does not coincide with the fiscal year.
L.1982,c.189,s.3; amended 1984, c.241, s.1; 1994, c.48, s.141; 2001, c.281, s.1.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-25.4 - Contracts and agreements requiring advertising

18A:64A-25.4. Contracts and agreements requiring advertising
Every contract or agreement for the performance of any work or the furnishing or hiring of any materials or supplies, the cost or the contract price of which is to be paid with or out of college funds, not included within the terms of section 3 hereof, shall be made and awarded only by the county college after public advertising for bids and bidding therefor, except as provided otherwise in this article or specifically by any other law. No work, materials or supplies shall be undertaken, acquired or furnished for a sum exceeding in the aggregate $7,500.00 or, commencing January 1, 1985, the amount determined pursuant to subsection b. of section 3 of P.L.1982, c. 189 (C. 18A:64A-25.3), except by written contract or agreement.
L.1982, c. 189, s. 4, eff. Jan. 1, 1983. Amended by L.1984, c. 241, s. 2, eff. Dec. 28, 1984.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-25.6 - Emergency purchases and contracts.

18A:64A-25.6 Emergency purchases and contracts.
6. Any purchase, contract, or agreement may be made, negotiated or awarded by a county college without public advertising for bids and bidding therefor, notwithstanding that the cost or contract price will exceed $25,000 or, commencing January 1, 2003, the amount determined pursuant to subsection b. of section 3 of P.L.1982, c.189 (C.18A:64A-25.3), when an emergency affecting the health, safety or welfare of occupants of college property requires the immediate delivery of the materials or supplies or the performance of the work, provided that such purchases, contracts or agreements are awarded or made in the following manner:
a. A written requisition for the performance of such work or the furnishing of materials or supplies, certified by the employee in charge of the building, facility or equipment where the emergency occurred, is filed with the contracting agent or his deputy in charge, describing the nature of the emergency, the time of its occurrence, and the need for invoking this section. The contracting agent, or his deputy in charge, being satisfied that the emergency exists, is hereby authorized to award a contract for said work, materials or supplies.
b. Upon the furnishing of such work, materials or supplies in accordance with the terms of the contract or agreement, the contractor furnishing such work, materials or supplies shall be entitled to be paid therefor and the county college shall be obligated for said payment.
c. The board of trustees may prescribe rules and procedures to implement the requirements of this section.
L.1982,c.189,s.6; amended 1984, c.241, s.4; 2001, c.281, s.3.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-25.7 - Contracts not to be divided

18A:64A-25.7. Contracts not to be divided
18A:64A-25.7. Contracts not to be divided
7. No purchase, contract or agreement which is single in character or which necessarily or by reason of the quantities required to effectuate the purpose of the purchase, contract or agreement includes the furnishing of additional services or equipment or buying materials or supplies or the doing of additional work, shall be subdivided so as to bring it or any of the parts thereof under the maximum price or cost limitation set forth in section 3 of P.L.1982, c.189 (C.18A:64A-25.3), thus dispensing with the requirement of public advertising and bidding therefor. Where the doing of any work is included in or incident to the performance or completion of any project which is single in character or inclusive of the furnishing of additional work, materials or supplies or which requires the furnishing of more than one article of materials or supplies, all of the work, materials or supplies requisite for the completion of such project shall be included in one purchase, contract or agreement.
L.1982,c.189,s.7; amended 1994,c.48,s.143.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-25.8 - Periodic solicitation of bids

18A:64A-25.8. Periodic solicitation of bids
Except as provided in section 28, every county college shall, on an annual basis or at such lesser intervals as may be fixed by it, solicit by public advertisement the submission of bids for the furnishing of all work, materials and supplies which are and which under section 4 can be purchased or agreed or contracted to be furnished only after public advertising for bids and bidding therefor.
L.1982, c. 189, s. 8, eff. Jan. 1, 1983.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-25.9 - County college purchases through State agency; procedure.

18A:64A-25.9 County college purchases through State agency; procedure.
9. a. Any county college, without advertising for bids, or after having rejected all bids obtained pursuant to advertising therefor, may purchase any materials, supplies, goods, services or equipment pursuant to a contract or contracts for such materials, supplies, goods, services or equipment entered into on behalf of the State by the Division of Purchase and Property.
b. A county college 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 as permitted by the "Federal Acquisition Streamlining Act of 1994," Pub.L. 103-355, and federal regulations adopted thereunder or schedules from other federal procurement programs.
c. Whenever a purchase is made, the county college shall place its order with the vendor offering the lowest price, including delivery charges, that best meets the requirements of the county college. Prior to placing such an order, the county college shall document with specificity that the materials, supplies, goods, services or equipment selected best meet the requirements of the county college.
L.1982,c.189,s.9; amended 1996, c.16, s.6; 2006,c.10,s.3.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-25.10 - Joint purchases by county colleges, municipalities or counties; authority.

18A:64A-25.10 Joint purchases by county colleges, municipalities or counties; authority.
10. The board of trustees of two or more county colleges may provide jointly by agreement for the purchasing of work, materials or supplies for their respective colleges, or one or more county colleges may provide for such purchase by joint agreement with the governing bodies of any municipality or of the county within whose boundaries any such college or colleges is or are wholly or partly located and may enter agreements with other institutions of higher education or with other units of government pursuant to the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.).
L.1982,c.189,s.10; amended 2001, c.281, s.4.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-25.11 - Contents of agreement

18A:64A-25.11. Contents of agreement
a. Such agreement shall set forth the categories of work, materials or supplies to be purchased, the manner of advertising for bids and of awarding of contracts, the method of payment by each participating county college, municipality or county and other matters deemed necessary to carry out the purposes of the agreement.
b. Funds for each participant'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 appropriations are made for other expenses of the participant.
L.1982, c. 189, s. 11, eff. Jan. 1, 1983.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-25.11a - County college authorized to participate in cooperative pricing system.

18A:64A-25.11a County college authorized to participate in cooperative pricing system.
2. a. A county college is authorized to be a participating contracting unit in a cooperative pricing system established pursuant to the laws of this State.
b. A county college may make purchases and contract for services through the use of a nationally-recognized and accepted cooperative purchasing agreement, including a cooperative purchasing agreement in existence as of the effective date of P.L.2016, c.50 (C.18A:64-63.1 et al.), in accordance with the provisions of paragraph (3) of subsection b. of section 7 of P.L.1996, c.16 (C.52:34-6.2).
c. The State Treasurer may promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), which are necessary to effectuate the purposes of this section.
L.2016, c.50, s.2.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-25.13 - Specifications generally.

18A:64A-25.13 Specifications generally.
13. All specifications for any purchase, contract or agreement governed by this article shall be drafted in a manner to encourage free, open and competitive bidding. In particular, no specifications under this article may:
a. Require a standard, restriction, condition or limitation not directly related to the purpose, function or activity for which the purchase, contract or agreement is made; or
b. Require that any bidder be a resident of, or that his place of business be located in, the county in which the purchase will be made or the contract or agreement performed, unless the physical proximity of the bidder is requisite to the efficient and economical purchase or performance of the contract or agreement; or
c. Discriminate on the basis of race, religion, sex or national origin; or
d. Require with regard to any purchase, contract or agreement the furnishing of any "brand name," although specifications may in all cases require "brand name or equivalent," nor shall materials or supplies which are patented or copyrighted be specified, unless the resolution authorizing the purchase, contract or agreement sets forth the manner in which the special need for such patented or copyrighted materials or supplies is directly related to the performance or purpose for which the purchase, contract or agreement is made; or
e. Fail to include any option for renewal, extension or release which the county college may intend to exercise or require; or
f. Fail to include any terms and conditions necessary for the performance of any extra work; or
g. Fail to disclose any matter necessary to the substantial performance of the contract or agreement; or
h. Require that any bidder submit a financial statement if either a guarantee, by certified check, cashier's check or bid bond, or a surety company certificate is also required to be furnished by the bidder, unless any law or regulation of the United States imposes a condition upon the awarding of a monetary grant to be used for the purchase, contract or agreement, which condition requires that a financial statement be submitted.
Any specification adopted by the county college which knowingly excludes prospective bidders by reason of the impossibility of performance, bidding or qualification by any but one bidder, except as provided herein, shall be null and void and of no effect, and such purchase, contract or agreement shall be readvertised, and the original purchase, contract or agreement shall be set aside by the board of trustees of the county college.
L.1982, c.189, s.13; amended 2014, c.52, s.1.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-25.14 - Advertisements for bids; bids; general requirements; notice of revisions.

18A:64A-25.14 Advertisements for bids; bids; general requirements; notice of revisions.
14. a. All advertisements for bids shall be published in a legal newspaper sufficiently in advance of the date fixed for receiving the bids to promote competitive bidding but in no event less than 10 days prior to such date. The advertisement shall designate the manner of submitting and of receiving the bids and the time and place at which the bids will be received. If the published specifications provide for receipt of bids by mail, those bids which are mailed to the county college shall be sealed and shall be opened only at such time and place as all bids received are unsealed and announced. At such time and place, the contracting agent of the county college shall publicly receive the bids and thereupon immediately proceed to unseal them and publicly announce the contents, which announcement shall be made in the presence of any parties bidding or their agents who are then and there present. A proper record of the prices and terms shall be made. No bids shall be received after the time designated in the advertisement.
b. Notice of revisions or addenda to advertisements or bid documents relating to bids shall be published in a legal newspaper no later than seven days, Saturdays, Sundays and holidays excepted, prior to the bid due date. The notice shall be provided to any person who has submitted a bid or who has received a bid package, in one of the following ways: (a) in writing by certified mail or (b) by certified facsimile transmission, meaning that the sender's facsimile machine produces a receipt showing date and time of transmission and that the transmission was successful or (c) by a delivery service that provides certification of delivery to the sender. Failure to advertise or provide proper notification of revisions or addenda to advertisements or bid documents related to bids as prescribed by this section shall prevent the acceptance of bids and require the readvertisement for bids. Failure to obtain a receipt when good faith notice is sent or delivered to the address or telephone facsimile number on file with the county college shall not be considered failure by the county college to provide notice.
L.1982,c.189,s.14; amended 2005, c.191, s.3.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-25.15 - Bids to conform to specifications; rejection of bids

18A:64A-25.15. Bids to conform to specifications; rejection of bids
No bid shall be accepted which does not conform to the specifications furnished therefor. Nothing contained in this article shall be construed as depriving any county college of the right to reject all bids.
L.1982, c. 189, s. 15, eff. Jan. 1, 1983.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-25.16 - Guaranty to accompany bids; amount

18A:64A-25.16. Guaranty to accompany bids; amount
There may be required from any person bidding on any purchase, contract or agreement, advertised in accordance with law, that the bid be accompanied by a guaranty payable to the county college that, if the purchase, contract or agreement is awarded to him, he will enter into a contract therefor and will furnish any performance bond or other security which may be required pursuant to section 17. The guaranty 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. For a construction contract the guaranty shall be in the amount of 10% of the bid. In the event that any law or regulation of the United States imposes any condition upon the awarding of a monetary grant to any county college, which condition requires a guaranty 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.
The college may require a bid guaranty alone without also requiring a performance bond or other security in the contract.
L.1982, c. 189, s. 16, eff. Jan. 1, 1983. Amended by L.1984, c. 241, s. 5, eff. Dec. 28, 1984.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-25.18 - Time for making awards; deposits returned

18A:64A-25.18. Time for making awards; deposits returned
The county college shall award the contract or reject all bids within such time as may be specified in the specifications or other documents issued to all bidders, but in no case more than 60 days, except the bids of any bidders who consent thereto, either before or after said 60 day period, may, at the request of the county college, be held for consideration for such longer period as may be agreed. All bid security except the security of the three apparent lowest responsible bidders shall, if requested, be returned within 30 days from the opening of the bids, Sundays and holidays excepted, and the bids of such bidders shall be considered as withdrawn. Within 3 days, Sundays and holidays excepted, after the awarding of the contract and the approval of the successful bidder's performance bond, if any, the bid guaranty of the remaining bidders shall be returned to them.
L.1982, c. 189, s. 18, eff. Jan. 1, 1983.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-25.19 - Award of purchases, contracts or agreements

18A:64A-25.19. Award of purchases, contracts or agreements
All purchases, contracts or agreements which require public advertisement for bids shall be awarded by the board of trustees to the lowest responsible bidder.
Prior to the award of any other purchase, contract or agreement the estimated cost of which is 20% or more, of the amount set forth in or, commencing January 1, 1985, 20% of the amount determined by the Governor pursuant to subsection b. of section 3 of P.L.1982, c. 189 (C. 18A:64A-25.3), the contracting agent shall, except in the case of professional services, solicit quotations therefor whenever practicable, and the award thereof shall be made, in accordance with section 3, on the basis of the lowest responsible quotation received which is most advantageous to the county college, price and other factors considered; provided, however, if the contracting agent deems it impractical to solicit competitive quotations or having sought such quotations determines that the award should not be on the basis of the lowest quotation received, the contracting agent shall file a statement of explanation of the reason or reasons therefor, which shall be placed on file with such purchase, contract or agreement.
L.1982, c. 189, s. 19, eff. Jan. 1, 1983. Amended by L.1984, c. 241, s. 6, eff. Dec. 28, 1984.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-25.20 - Award of contracts when bids are equal

18A:64A-25.20. Award of contracts when bids are equal
Whenever two or more quotations or bids of equal amounts are the lowest quotations or bids submitted by responsible parties, the county college may award the contract to any one of such parties, as, in its discretion, it may determine.
L.1982, c. 189, s. 20, eff. Jan. 1, 1983.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-25.22 - Liquidated damages

18A:64A-25.22. Liquidated damages
Any purchase, contract or agreement made pursuant to this article may include liquidated damages for the violation of any of the terms and conditions thereof or the failure to perform said contract or agreement in accordance with its terms and conditions or the terms and conditions of this article.
L.1982, c. 189, s. 22, eff. Jan. 1, 1983.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-25.23 - Application of article and subdivision

18A:64A-25.23. Application of article and subdivision
Purchases, contracts or agreements for the construction of buildings and other improvements shall be subject to all the terms and conditions of this article and to the terms and conditions of this subdivision H.
L.1982, c. 189, s. 23, eff. Jan. 1, 1983.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-25.24 - Plans and specifications, drawn or supervised by appropriate officer

18A:64A-25.24. Plans and specifications, drawn or supervised by appropriate officer
All plans and specifications for the erection, alteration, improvement or repair of college buildings shall be drawn by or under the supervision of an appropriate officer employed by the college to whom such powers shall have been delegated by the Board of Trustees.
L.1982, c. 189, s. 24, eff. Jan. 1, 1983.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-25.24b - Entry into design-build contracts permitted.

18A:64A-25.24b Entry into design-build contracts permitted.
19. a. If a contracting unit determines in its discretion that the design-build approach meets their needs better than the traditional design-bid-build approach established under New Jersey public procurement statutes for the project or projects under consideration, it shall be the public policy of this State to permit that contracting unit to enter into design-build contracts as defined in section 18 of P.L.2021, c.71 (C.18A:64A-25.24a), provided the following conditions are met:
(1) The contracting unit shall, prior to issuing solicitations, publish procedures consistent with regulations promulgated by the Secretary of Higher Education, where applicable for the solicitation and award of design-build contracts, and shall adhere to sections 18 through 25 of P.L.2021, c.71 (C.18A:64A-25.24a through C.18A:64A-25.24h) and those procedures; and
(2) The contracting unit shall, for each public project or projects under sections 18 through 25 of P.L.2021, c.71 (C.18A:64A-25.24a through C.18A:64A-25.24h), make a determination based on the timeliness of the project or projects that it is in the best interest of the public to enter into a design-build contract to complete the public project or projects.
b. All workers employed in a design-build construction project shall be paid the prevailing wage determined by the Commissioner of Labor pursuant to the provisions of the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.).
c. All design-build construction projects shall be encouraged to adhere to the Leadership in Energy and Environmental Design Green Building Rating System as adopted by the United States Green Building Council, the Green Globes Program adopted by the Green Building Initiative, or a comparable nationally recognized, accepted, and appropriate sustainable development system.
L.2021, c.71, s.19.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-25.24d - Evaluation factors contained in proposals.

18A:64A-25.24d Evaluation factors contained in proposals.
21. a. Each request for proposals shall contain evaluation factors prepared by a design professional or designated employee as defined in section 18 of P.L.2021, c.71 (C.18A:64A-25.24a). The design professional or designated employee that develops the evaluation factors shall be disqualified from submitting a proposal to enter into the design-build contract, and the design-builder shall not be permitted to delegate services under the design-build contract to the design professional or designated employee that developed the evaluation factors.
b. The design professional or designated employee that develops the evaluation factors shall be either an employee of the contracting unit or shall be engaged in compliance with applicable New Jersey public procurement laws, and to the extent allowed by law may delegate the development of specific aspects of the design criteria to other consultants.
c. The contracting unit, in consultation with the design professional or designated employee, shall determine the scope and level of detail required for the evaluation factors. The evaluation factors should be detailed enough to permit qualified persons to submit proposals in accordance with the solicitation, given the nature of the public project and the level of design to be provided in the proposal.
L.2021, c.71, s.21.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-25.24e - Inclusions in solicitations for design-build contract.

18A:64A-25.24e Inclusions in solicitations for design-build contract.
22. a. Solicitations for each design-build contract shall include, but not be limited to, the following:
(1) The identity of the contracting unit which shall award the design-build contract;
(2) The procedures to be followed for submitting proposals, the criteria for evaluation of proposals and their relative weight, and the procedures for making awards, including a reference to the requirements of sections 18 through 25 of P.L.2021, c.71 (C.18A:64A-25.24a through C.18A:64A-25.24h) and the regulations of the contracting unit;
(3) The proposed terms and conditions for the design-build contract;
(4) A description of the drawings, specifications, or other submittals to be submitted with the proposal, with guidance as to the form and level of completeness of the drawings, specifications, or submittals that shall be acceptable;
(5) A schedule for planned commencement and completion of the design-build contract;
(6) Budget limits for the design-build contract, if any;
(7) Affirmative action, disadvantaged business or set-aside goals or requirements for the design-build contract, in accordance with the requirements of all rules, regulations, standards, or policies adopted by the contracting unit;
(8) The required qualifications of the design-builder;
(9) Requirements for contractors and the design professional to have performance bonds, payment bonds, and insurance, and to meet all the qualifications of the Division of Property Management and Construction in the Department of the Treasury or the Department of Transportation where applicable; and
(10) A statement that the prospective design-builder is in compliance with all applicable laws, including the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.), "The Public Works Contractor Registration Act," P.L.1999, c.238 (C.34:11-56.48 et seq.), and the "Construction Industry Independent Contractor Act," P.L.2007, c.114 (C.34:20-1 et seq.).
b. The solicitation may include any other information which the contracting unit in its discretion chooses to supply, including without limitation, surveys, soils reports, drawings or models of existing structures, environmental studies, photographs or references to public records.
c. Notice of solicitations shall be advertised in the same manner in which proposals generally are solicited for public projects.
L.2021, c.71, s.22.
2023 New Jersey Revised Statutes › Title 18A - Education › Section 18A:64A-25.24f - Inclusions on design-build team.

18A:64A-25.24f Inclusions on design-build team.
23. a. Each design-build team shall include a licensed or prequalified design professional independent from the contracting unit's licensed architect or engineer. The licensed or prequalified design professional shall be named in any proposal submitted to the contracting unit.
b. Proposals shall be sealed and shall not be opened until expiration of the time established for making proposals as set forth in the solicitation.
c. Proposals shall identify each person to whom the design-builder proposes to delegate obligations under the design-build contract. Persons so identified shall not be replaced without the approval of the contracting unit.
d. Proposals shall establish the cost of the design-build contract which shall not be exceeded if the proposal is accepted without change. Afterward, the maximum cost in the proposal may be converted to fixed prices by negotiated agreement between the contracting unit and the design-builder.
e. All proposals shall be received and opened at a previously announced time, where a synopsis of each shall be publicly read and recorded consistent with the provisions of subsection f. of this section.
f. Unless and until a proposal is accepted, the drawings, specifications and other information in the proposal shall remain the property of the person making the proposal. The contracting unit shall make reasonable efforts to maintain the secrecy and confidentiality of all proposals, and all information contained in the proposals, and shall not disclose the proposals or the information contained therein to the design-builders' competitors or the public. Once a proposal is accepted, the disclosure of the proposal and the information in the proposal, and the ownership of the drawings, specifications, and information therein, shall be determined in accordance with existing law and the terms of the design-build contract.
L.2021, c.71, s.23.