reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 4 - DISPOSITION OF SURPLUS PERSONAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-4.14 - Sealed bid process for surplus personal property: failure to pay balance of bid price

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Failure by
				  the successful bidder to pay the balance of the bid price within the time set
				  forth in the Notice of Award shall result in a forfeiture of the bid deposit to
				  the SDA. Surplus personal property paid for, but not picked up or taken
				  possession of in the manner and within the time specified in the Notice of
				  Award, shall be considered abandoned, in which event:
1. The SDA shall retain all payments
				  made;
2. The ownership of the
				  property shall remain with the SDA; and
3. The SDA may then accept the bid of the
				  next highest qualified bidder or again offer the surplus personal property for
				  disposition.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 4 - DISPOSITION OF SURPLUS PERSONAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-4.15 - Internet auction process for surplus personal property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The disposition of surplus personal
				  property may be conducted through an internet auction.
(b) Disposition by internet auction shall
				  require the publication of an advertisement in the "Public/Legal Notice"
				  section of a daily newspaper with Statewide circulation, which advertisement
				  must contain:
1. A clear statement that the
				  disposition will take place over the internet;
2. The internet address of the website where
				  the auction can be found;
3. The
				  date and time for the internet auction;
4. A description of the surplus personal
				  property to be sold; and
5. A clear
				  statement of all terms and conditions material to the disposition.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 4 - DISPOSITION OF SURPLUS PERSONAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-4.16 - Direct negotiated sale of surplus personal property

Current through Register Vol. 56, No. 14, July 15, 2024
Surplus personal property that does not otherwise qualify
					 as exempt from the advertising requirements at N.J.A.C. 19:35-3.2, and which
					 does not result in a consummated disposition after being the subject of a
					 Solicitation for Sealed Bids in accordance with N.J.A.C. 19:35-4.2 through
					 19:35-4.14, or an internet auction in accordance with N.J.A.C. 19:35-4.15, may
					 be disposed of through a direct negotiated sale to a public or a non-public
					 party, for the highest possible price, upon terms and conditions acceptable to
					 the SDA.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 4 - DISPOSITION OF SURPLUS PERSONAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-4.17 - Transfer of ownership of surplus personal property

Current through Register Vol. 56, No. 14, July 15, 2024
Transfer of ownership/title to SDA surplus personal
					 property is effective upon delivery of the item(s) of surplus personal property
					 to the purchaser and payment by the purchaser of the full amount of the
					 purchase price to SDA.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.1 - Methods of Disposition of Surplus Real Property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever, consistent with this chapter,
				  it is determined that the disposition of tract(s) or parcel(s) of real property
				  that has been determined to be surplus real property pursuant to
				  N.J.A.C.
				  19:35-2.3, and that does not qualify as
				  exempt from the advertising requirements pursuant to N.J.A.C. 19:35-3.3, would
				  be advantageous to the school construction program, the Board shall set an
				  approved minimum disposition price for such surplus property. The determination
				  of an approved minimum disposition price may occur at the time of declaration
				  of such real property as surplus pursuant to
				  N.J.A.C.
				  19:35-2.3, or thereafter at the time the SDA
				  initiates the disposition. The SDA may sell such surplus real property after
				  public advertisement through one of the following methods:
1. Through the process of solicitation of
				  offers to purchase as described at N.J.A.C. 19:35-5.2 through 5.18;
2. Through the process of solicitation of
				  sealed bids as described at N.J.A.C. 19:35-5.19 through 5.31; or
3. Through the internet auction process as
				  described at N.J.A.C. 19:35-5.32.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.2 - Offer to purchase process for surplus real property: advertisement requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  disposition of surplus real property through the solicitation of offers to
				  purchase shall be conducted by placing an advertisement of a Notice of
				  Solicitation of Offers to Purchase for the sale of surplus real property in or
				  on the following:
1. The SDA
				  website;
2. The New Jersey State
				  business portal;
3. The
				  Public/Legal Notice section of a daily newspaper with Statewide circulation;
				  and
4. The Public/Legal Notice
				  section of a daily newspaper published or circulated in the county in which the
				  surplus real property is located.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.3 - Offer to purchase process for surplus real property: outreach in addition to advertisement

Current through Register Vol. 56, No. 14, July 15, 2024
At any time prior to the end of the period for submission
					 of an offer to purchase, the SDA may conduct other outreach efforts to identify
					 potential offerors and may contact potential offerors directly for purposes of
					 increasing the number of offers received in response to an advertised Notice of
					 Solicitation of Offers to Purchase.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.4 - Offer to purchase process for surplus real property: amendment of solicitation of offers to purchase

Current through Register Vol. 56, No. 14, July 15, 2024
In the event that an amendment becomes necessary, with
					 respect to any pertinent information supplied to prospective offerors in
					 connection with a solicitation of offers to purchase, including a postponement
					 of the time for submitting an offer to purchase, notice of the change(s) shall
					 be advertised on the SDA website, at least seven days prior to the scheduled
					 date for receipt of offers, unless an alternate procedure is established in the
					 Notice of Solicitation of Offers to Purchase.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.5 - Offer to purchase process for surplus real property: submission of offers to purchase; untimely submissions

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				  Any offers to purchase in response to a Notice of Solicitation of Offers to
				  Purchase shall be submitted during the time, and at the place, specified in the
				  Notice of Solicitation of Offers to Purchase, as the same may be
				  Adopted.
(b) If more than one tract
				  or parcel of surplus real property is included in the Notice of Solicitation of
				  Offers to Purchase, the requirements for submitting an offer to purchase for
				  one, some, or all parcels shall be set forth in the Notice of
				  Solicitation.
(c) Unless otherwise
				  specified in the advertisement or the Notice of Solicitation of Offers to
				  Purchase, an offer to purchase shall not be submitted by telephone, facsimile,
				  or other electronic means.
(d) An
				  offer to purchase received after the close of the period for submitting an
				  offer as specified in the Notice of Solicitation of Offers to Purchase shall be
				  rejected, except in extraordinary circumstances, such as weather emergencies
				  that prevent travel and/or result in the closure of State offices.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.6 - Offer to purchase process for surplus real property: required deposit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Offers to
				  purchase shall be accompanied by a deposit in the amount determined by the SDA
				  in its sole discretion and set forth in the Notice of Solicitation of Offers to
				  Purchase.
(b) The deposit shall be
				  submitted in the form set forth in the Notice of Solicitation of Offers to
				  Purchase, or, if not specified therein, by certified check, bank or cashier's
				  check, or executed money order made payable to the "New Jersey Schools
				  Development Authority" or any successor entity.
(c) Failure to comply with the deposit
				  requirement shall result in the rejection of the offer as
				  unresponsive.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.7 - Offer to purchase process for surplus real property: withdrawal of offers to purchase

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An
				  offeror may withdraw a submitted offer to purchase, or withdraw and resubmit an
				  offer to purchase, at any time during the period that an offer to purchase may
				  be submitted.
(b) Offers may be
				  withdrawn only upon a written request, received prior to the expiration of the
				  period within which offers are accepted; provided such request is signed by the
				  offeror, or a duly authorized representative of the offeror upon presentation
				  of appropriate identification.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.8 - Offer to purchase process for surplus real property: review and verification of offers to purchase

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				  Following the close of the offer period, the SDA shall review each submitted
				  offer to purchase received in response to a solicitation of offers to purchase
				  in accordance with the best interests of the school construction program,
				  price, and other factors, as described at N.J.A.C. 19:35-5.9(b).
(b) The SDA, in its sole discretion, may seek
				  additional information to supplement an offer to purchase, for purposes of
				  verifying the accuracy and responsiveness of the offer to purchase, and to
				  determine whether the offeror and/or the proposed offer is bona fide.
1. The SDA may request such additional
				  information directly from the offeror, obtain the same from the public records,
				  or obtain the same from others familiar with the offeror.
2. Such additional information may clarify,
				  but not modify, an offer to purchase.
3. Such additional investigation may include,
				  but shall not be limited to, contacting the offeror's surety companies,
				  financial institutions, and review of business or personal financial records,
				  reports, or statements.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.9 - Offer to purchase process for surplus real property: evaluation of offers to purchase

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The SDA
				  shall evaluate each offer to purchase received in accordance with this
				  subchapter and shall identify the offer(s) determined to be responsive to all
				  material elements set forth in the advertised Notice of Solicitation of Offers
				  to Purchase. The SDA shall select the winning offer based on an evaluation of
				  price and other factors.
(b) Other
				  factors that may be considered in connection with an evaluation pursuant to
				  this section may include, but are not limited to:
1. The proposed consideration, inclusive of
				  both monetary and non-monetary components, if applicable, for identified
				  surplus real property. If the proposed consideration varies from the fair
				  market value of the surplus real property established by an independent,
				  professional licensed appraiser, the SDA may, but shall not be obligated to,
				  evaluate the proposed consideration taking into account supported adjustments
				  made for any valuation considerations identified by the SDA, including
				  environmental concerns, that are not captured in the appraisal
				  valuation;
2. The purchase terms,
				  including any required due diligence period and payment for such
				  period;
3. The material terms of
				  the purchase proposed by the offeror with respect to terms and conditions that
				  are subject to negotiation;
4. The
				  proofs made available that demonstrate the offeror's financial capacity to meet
				  the proposed terms of purchase; and
5. Any other factors identified by the SDA in
				  a specific Notice of Solicitation of Offers to Purchase.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.10 - Offer to purchase process for surplus real property: negotiation with offeror(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The SDA
				  staff may negotiate terms of the disposition of surplus real property with one
				  or more offerors that have submitted advantageous offers that are in the best
				  interest of the school construction program, price and other factors
				  considered, in accordance with the evaluation criteria set forth at N.J.A.C.
				  19:35-5.9(b).
(b) The SDA staff
				  shall have the right to engage in exclusive negotiations with one offeror, or
				  to negotiate with all offerors, or to negotiate with some, but not all,
				  offerors responding to the solicitation for offers to purchase. The SDA's
				  selection of one or more firms to engage in negotiations shall be based on an
				  evaluation of the offers submitted, price and other factors
				  considered.
(c) Negotiating with
				  one offeror will not preclude the SDA from negotiating with other offerors,
				  unless the SDA has entered into an exclusive negotiating period with an offeror
				  in accordance with N.J.A.C. 19:35-5.11.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.11 - Offer to purchase process for surplus real property: exclusive negotiating period within the offer to purchase process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the request of an offeror, the SDA
				  staff may, in its sole discretion, agree not to negotiate with any other
				  offeror with respect to the surplus real property that is the subject of the
				  solicitation of offers to purchase, and enter into an exclusive negotiation
				  agreement.
(b) Under an exclusive
				  negotiation agreement, the SDA and such offeror each agree to negotiate the
				  terms of the disposition of the surplus real property exclusively with the
				  other.
(c) The right of the SDA to
				  enter into an exclusive negotiation agreement is subject to the following
				  conditions:
1. The time for submitting offers
				  to purchase has expired;
2. Notice
				  of such election to enter into an exclusive negotiation period with an offeror
				  must be given to all parties submitting an offer;
3. The SDA has made a determination that
				  there is a reasonable likelihood that the exclusive negotiating period will
				  lead to an offer to purchase that will be acceptable to the SDA and in the best
				  interests of the school construction program;
4. Subject to extensions as indicated at (d)
				  below, a duration is set for the exclusive negotiating period that shall not
				  exceed 30 days;
5. The offeror
				  shall make an additional deposit of 10 percent of the purchase price;
				  and
6. The offeror agrees in
				  writing to negotiate exclusively with the SDA during the exclusive negotiating
				  period and to terminate negotiations and discussions with other parties that
				  seek to sell or lease competing property.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.12 - Offer to purchase process for surplus real property: review, recommendation, and acceptance by the SDA of an offer to purchase

Current through Register Vol. 56, No. 14, July 15, 2024
Absent an acceptance of an offer under an exclusive
					 negotiation agreement pursuant to N.J.A.C. 19:35-5.2(j), the SDA shall evaluate
					 the offers received in response to a solicitation of offers to purchase in
					 accordance with the best interests of the school construction program, price,
					 and other factors (in accordance with N.J.A.C. 19:35-5.9)
					 considered.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.13 - Offer to purchase process for surplus real property: withdrawal of tracts or parcels

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the
				  SDA deems it to be in the best interests of the school construction program,
				  one or more tracts or parcels of surplus real property may be withdrawn from
				  the solicitation of offers to purchase.
(b) When one or more tracts or parcels of
				  surplus real property are withdrawn from a solicitation of offers to purchase,
				  the SDA shall determine whether to re-offer or otherwise dispose of the
				  property in a manner that is consistent with this chapter.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.14 - Offer to purchase process for surplus real property: cancellation of solicitation and disposition; withdrawal of tracts or parcels

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The SDA may, on a case-by-case basis,
				  cancel a solicitation and reject all offers received upon the occurrence of any
				  of the following grounds for cancellation:
1.
				  No offers to purchase are received or only one offer to purchase is received in
				  response to a Notice of Solicitation of Offers to Purchase;
2. The offer prices submitted are unfavorable
				  in the current market;
3. The SDA
				  determines that insufficient competition results from the advertisement and any
				  outreach efforts; or
4. For any
				  other reason in the best interests of the school construction
				  program.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.15 - Offer to purchase process for surplus real property: Notice of Award and purchase agreement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  successful offeror shall be given a Notice of Award advising of the SDA's
				  acceptance of its offer and award of a purchase agreement with respect to the
				  purchase of the surplus real property.
(b) A Notice of Award shall be given in the
				  manner, and within any time for acceptance of the offer, as may be specified in
				  and in accordance with the terms and conditions detailed in the solicitation of
				  offers to purchase.
(c) The Notice
				  of Award shall be delivered together with the purchase agreement form, setting
				  forth the negotiated agreement between the parties, for execution by the
				  offeror.
(d) In the event that a
				  signed purchase agreement was delivered together with the submitted offer, and
				  the SDA does not object to any of the terms of the signed purchase agreement,
				  the Notice of Award shall be delivered together with a fully executed
				  counterpart of the purchase agreement.
(e) A copy of the Notice of Award shall be
				  simultaneously provided to all unsuccessful offerors.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.16 - Offer to purchase process for surplus real property: application of deposits

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				  deposits furnished by the successful offeror shall be retained and applied
				  toward the purchase price at closing of title.
(b) All deposits of unsuccessful offerors
				  shall be returned promptly.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.17 - Offer to purchase process for surplus real property: transfer of title and balance of purchase price

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				  Title to the surplus real property shall be transferred at the time and place,
				  and in the manner, set forth in the executed purchase agreement for closing of
				  title.
(b) At the closing of title,
				  the successful offeror shall pay the balance of the purchase price. Such
				  payment shall be made in the manner specified in the purchase agreement or, if
				  not specified therein, by certified check, bank or cashier's check, executed
				  money order made payable to the "New Jersey Schools Development Authority" or
				  any successor entity.
(c) Failure
				  of the successful offeror to pay the balance of the proposed consideration or
				  to take title to the surplus real property, or the failure to abide by any
				  other material term or condition of the purchase agreement shall entitle the
				  SDA to cancel the sale and retain all money on deposit in addition to the right
				  to exercise any other remedy available to the SDA under the purchase
				  agreement.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.18 - Offer to purchase process for surplus real property: cancellation of purchase agreement

Current through Register Vol. 56, No. 14, July 15, 2024
Upon any cancellation of the purchase agreement, with the
					 approval of the SDA Chief Executive Officer, or his or her designee, the SDA
					 may, in its discretion, accept the offer of the next highest qualified offeror,
					 or re-advertise the surplus real property for disposition in accordance with
					 any of the methods set forth at N.J.A.C. 19:35-5.1.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.19 - Sealed bid process for surplus real property: advertisement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The disposition
				  of surplus real property may be conducted through a sealed bid process
				  initiated by issuance of a Notice of Solicitation of Sealed Bids.
(b) The disposition of surplus real property
				  through a solicitation of sealed bids shall be conducted by placing an
				  advertisement of a Notice of Solicitation of Sealed Bids in the following
				  outlets:
1. On the SDA website;
2. On the New Jersey State business
				  portal;
3. In the Public/Legal
				  Notice section of a daily newspaper with Statewide circulation; and
4. In the Public/Legal Notice section of a
				  daily newspaper published or circulated in the county in which the surplus real
				  property is located.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.20 - Sealed bid process for surplus real property: outreach in addition to advertisement

Current through Register Vol. 56, No. 14, July 15, 2024
At any time prior to the end of the bidding period, the SDA
					 may conduct other outreach efforts to identify potential bidders and may
					 contact potential bidders directly for purposes of increasing the number of
					 sealed bids received in response to an advertised Notice of Solicitation of
					 Sealed Bids.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.21 - Sealed bids process for surplus real property: amendments to a Notice of Solicitation of Sealed Bids

Current through Register Vol. 56, No. 14, July 15, 2024
In the event that the amendment of any pertinent
					 information supplied to prospective bidders in connection with a solicitation
					 of sealed bids becomes necessary, including a postponement of the time for
					 receipt or the opening of bids, notice of the change(s) shall be advertised on
					 the SDA website at least seven days prior to the scheduled opening of the bids,
					 unless an alternative procedure is established in the solicitation of sealed
					 bids.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.22 - Sealed bids process for surplus real property: submission of bids; close of bidding and untimely bids

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				  Bids in response to a Notice of Solicitation of Sealed Bids, as the same may be
				  Adopted, shall be submitted during the time and at the place specified in the
				  Notice of Solicitation of Sealed Bids.
(b) If more than item of surplus real
				  property is included in the Notice of Solicitation of Sealed Bids, the
				  requirements for submitting a bid for one, some, or all items shall be set
				  forth in the Notice of Solicitation of Sealed Bids.
(c) The bidding period shall close at the
				  time and date specified in the advertisement for the Notice of Solicitation of
				  Sealed Bids, as the same may be Adopted. Any bids received after the bidding
				  period has ended shall be rejected.
(d) Unless otherwise specified in the
				  advertisement or the Notice of Solicitation of Sealed Bids, bids shall not be
				  submitted by telephone, facsimile, or other electronic means.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.23 - Sealed bid process for surplus real property: withdrawal of bids

Current through Register Vol. 56, No. 14, July 15, 2024
Bidders may withdraw bids, or withdraw and resubmit bids,
					 at any time prior to the closing of the bidding period. Bids may be withdrawn
					 only upon a written request, received prior to the time and date for submission
					 of bids, provided such request is signed by the bidder, or a duly authorized
					 representative of the bidder, upon presentation of appropriate
					 identification.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.24 - Sealed bid process for surplus real property: opening of sealed bids

Current through Register Vol. 56, No. 14, July 15, 2024
An SDA representative shall publicly open and publicly read
					 the bids on the date specified in the Notice of Solicitation of Sealed Bids, as
					 the same may be Adopted.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.25 - Sealed bid process for surplus real property: validity of sealed bids

Current through Register Vol. 56, No. 14, July 15, 2024
Unless the Notice of Solicitation of Sealed Bids states
					 otherwise, amounts included in a sealed bid shall remain valid and binding for
					 a period of 120 days.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.26 - Sealed bid process for surplus real property: award to highest responsible bidder

Current through Register Vol. 56, No. 14, July 15, 2024
Absent a cancellation of a solicitation of sealed bids, or
					 a rejection of all bids in accordance with N.J.A.C. 19:35-5.27, the award of a
					 disposition of surplus real property shall go to the highest bidder meeting all
					 of the terms and conditions set forth in the advertised Notice of Solicitation
					 of Sealed Bids.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.27 - Sealed bid process for surplus real property: cancellation of solicitation and disposition; rejection of bids

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event that no bids or only one bid
				  is received in response to a solicitation of sealed bids with respect to
				  surplus real property offered for disposition, or if the SDA determines that
				  insufficient competition results from the advertised Notice of Solicitation of
				  Sealed Bids and any outreach efforts, or for any other reason in the best
				  interests of the school construction program, the SDA reserves the right to
				  determine, on a case-by-case basis, whether the disposition should:
1. Nevertheless be consummated; or
2. Be terminated, with rejection of all bids
				  submitted.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.28 - Sealed bids process for surplus real property: withdrawal of items from solicitation and disposition

Current through Register Vol. 56, No. 14, July 15, 2024
(a) With
				  respect to a solicitation of sealed bids pertaining to more than one tract or
				  parcel of surplus real property, when the SDA deems it to be in the best
				  interests of the school construction program, at any time prior to the
				  conveyance thereof, one or more tracts or parcels of surplus real property may
				  be withdrawn from the solicitation of sealed bids.
(b) When one or more tracts or parcels of
				  surplus real property are withdrawn from a solicitation of sealed bids, the SDA
				  shall determine whether such parcels or tracts of surplus real property shall
				  be re-offered for disposition, or otherwise disposed of in a manner that is
				  consistent with this subchapter.
(c) The withdrawal of a parcel or tract of
				  surplus real property from a Notice of Solicitation of Sealed Bids pursuant to
				  (a) above shall not affect the disposition of the remaining parcels or tracts
				  of surplus real property included within the Notice of Solicitation of Sealed
				  Bids.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.29 - Sealed bid process for surplus real property: bid deposit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Sealed bids submitted in response to a
				  Notice of Solicitation of Sealed Bids shall be accompanied by a bid deposit if
				  required under the terms of the Notice of Solicitation of Sealed
				  Bids.
(b) When required, a bid
				  deposit pursuant to this section shall be submitted in the form set forth in
				  the Notice of Solicitation of Sealed Bids, or, if not specified therein, by
				  certified check, bank or cashier's check, or executed money order payable to
				  the "New Jersey Schools Development Authority" or any successor
				  entity.
(c) Failure to comply with
				  bid deposit requirements shall result in rejection of the bid.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.30 - Sealed bid process for surplus real property: Notice of Award

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No later than
				  the time for acceptance of a sealed bid as may be specified in the Notice of
				  Solicitation of Sealed Bids, the successful bidder shall be issued a Notice of
				  Award.
(b) The Notice of Award
				  shall be in writing and shall be delivered together with a purchase agreement
				  to be signed and returned to the SDA in accordance with the terms of the Notice
				  of Award or, in the event a signed purchase agreement was submitted with the
				  required bid submission documents, a fully executed purchase agreement will be
				  delivered with the Notice of Award.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.31 - Sealed bid process for surplus real property: payment of balance of bid price

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Following
				  the issuance of a Notice of Award and delivery of a fully executed purchase
				  agreement, the successful bidder shall pay the balance of the bid price at
				  closing of title in accordance with the terms and conditions set forth in the
				  purchase agreement.
(b) If the
				  manner of payment is not specified in the purchase agreement, payment shall be
				  by certified check, bank check, cashier's check, or executed money order made
				  payable to the "New Jersey Schools Development Authority" or any successor
				  entity.
(c) Failure by the
				  successful bidder to pay the balance of the bid price, return an executed
				  purchase agreement, close title in accordance with the terms and conditions
				  contained in the purchase agreement, or to otherwise fail to comply with
				  requirements contained in the Notice of Award shall result in a forfeiture of
				  the bid deposit to the SDA.
(d) In
				  the event of a failure to close title, with the approval of the SDA Chief
				  Executive Officer, or his or her designee, the SDA may, in its discretion,
				  accept the bid of the next highest qualified bidder or again offer the surplus
				  real property for disposition.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.32 - Disposition of surplus real property by internet auction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The disposition of surplus real property
				  may be conducted through an internet auction.
(b) Disposition by internet auction shall
				  require the publication of an advertisement in the Public/Legal Notice section
				  of a daily newspaper with Statewide circulation, and in a daily newspaper
				  published or circulated in the county in which the property is
				  located.
(c) Required newspaper
				  advertisements shall be published at least twice, one week apart.
(d) The advertisement, at a minimum, must
				  contain:
1. A clear statement that the
				  disposition will take place over the internet;
2. The internet address of the website where
				  the auction can be found;
3. The
				  date and time for the internet auction;
4. A description of the surplus real
				  property, including the county and municipality in which the same is located,
				  the street address, the municipal tax block and lot numbers assigned, a metes
				  and bounds description, if available, and a general description of any
				  improvements constructed thereon; and
5. A clear statement of all terms and
				  conditions material to the disposition.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.33 - Disposition of surplus real property through direct negotiated sale

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Surplus real
				  property that does not otherwise qualify as exempt from the advertising
				  requirements pursuant to N.J.A.C. 19:35-5.2may be disposed of for its fair
				  market value through a direct negotiated sale, if the advertisement of the
				  property for offer, bid, or auction did not elicit any viable offers or bids
				  after being the subject of any of the following:
1. A solicitation of offers to purchase
				  pursuant to N.J.A.C. 19:35-5.2;
2.
				  A solicitation of sealed bids pursuant to N.J.A.C. 19:35-5.19; or
3. A disposition through internet auction
				  pursuant to N.J.A.C. 19:35-5.32.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.34 - Disposition for less than fair market value

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the SDA shall fail to reach agreement
				  with respect to the disposition of surplus real property, despite advertising a
				  disposition through:
1. A solicitation of
				  offers to purchase pursuant to N.J.A.C. 19:35-5.2;
2. A solicitation of sealed bids pursuant to
				  N.J.A.C. 19:35-5.19;
3. A
				  disposition through internet auction pursuant to N.J.A.C. 19:35-5.32;
				  or
4. A direct negotiated sale for
				  fair market value pursuant to N.J.A.C. 19:35-5.33, then SDA may dispose of the
				  surplus property in any lawful manner for less than the originally estimated
				  fair market value, provided that any proposed consideration below the
				  originally estimated fair market value must be approved by the SDA Board based
				  on the written analysis and recommendation of appropriate SDA staff.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 35 - DISPOSITION OF SURPLUS REAL AND PERSONAL PROPERTY OF THE NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Subchapter 5 - DISPOSITION OF SURPLUS REAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-5.35 - Effective date of disposition

Current through Register Vol. 56, No. 14, July 15, 2024
Unless expressly otherwise provided, in every instance,
					 transfer of title to surplus real property is effective following the delivery
					 of the full amount of the proposed consideration to the SDA and the delivery of
					 a deed from the SDA to the purchaser.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 36 - PROCUREMENT OF DESIGN BUILD CONTRACTS › Subchapter 1 - GENERAL PROVISIONS › Section 19:36-1.1 - Purpose and applicability of rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules
				  are adopted by the New Jersey Schools Development Authority (the "Development
				  Authority," "Authority" or "SDA") to establish requirements and procedures for
				  the procurement of design-build contracts.
				  section
				  4 of
				  P.L.
				  2007, c. 137 confers
				  broad powers on the Development Authority to enter into contracts for the
				  "planning, design, construction, reconstruction, improvement, equipping,
				  furnishing, operation, and maintenance" of a school facilities project. This
				  statutory authority includes the procurement of design, construction, and other
				  project-related services in one contract when the Authority determines that a
				  single point of responsibility for a combination of these services is in the
				  best interests of a school facilities project.
(b) These rules allow for the Authority to
				  engage a design professional pursuant to N.J.A.C. 19:38C, as a "bridging
				  architect," for the duration of the school facilities project, to prepare a
				  design-build information package, which outlines the conceptual program,
				  schematic design, and performance specifications to be followed by the
				  design-builder, and review the work of the design-builder to ensure that the
				  design meets the requirements of the Authority and the SDA school district. The
				  rules further allow for the engagement of a construction manager (CM) by the
				  Authority to serve as the Authority's representative during the school
				  facilities project and provide such services as project oversight and
				  reporting, value engineering services, and cost estimating.
(c) These rules provide for the Authority to
				  select design-builders according to the proposals that are the most
				  advantageous to the SDA, based upon a "best value selection" process premised
				  on a combination of cost and qualitative factors, with consideration given to
				  price at least equal to the consideration given to all other factors combined.
				  The rules provide for the following two-phase selection process:
1. The public advertisement of a request for
				  qualifications (RFQ) that describes the school facilities project, outlines the
				  scope of work for the project and solicits responses outlining the
				  qualifications of bidders; and
2.
				  The issuance of a request for proposals (RFP) to a "short list" of bidders,
				  selected on the basis of their responses to the RFQ, which outlines the
				  criteria to be used for selection and the weight that will be given to each of
				  these criteria in the evaluation process, and which solicits technical and
				  price proposals.