reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34B - SECTION 13.e DELEGATION OF SCHOOL FACILITIES PROJECTS › Subchapter 5 - DISBURSEMENTS AND ADJUSTMENTS OF THE GRANT › Section 19:34B-5.4 - Closeout procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Closeout
				  shall occur when all applicable administrative actions and all required work
				  have been completed by the school district. This process shall include the
				  steps enumerated below:
1. In the event there
				  are grant proceeds which have not been expended on approved costs, such
				  unexpended grant proceeds shall be released to the Authority and the amount of
				  the grant shall be reduced by the amount of the unexpended proceeds.
2. Any proceeds of school bonds issued by the
				  district for the purposes of funding the local share of the school facilities
				  project which remain unspent upon completion of the school facilities project
				  shall be used by the district to reduce the outstanding principal amount of the
				  school bonds either through redeeming bonds at the earliest call date or
				  applying such proceeds to payment of principal as principal becomes due. In no
				  event shall such proceeds be utilized to pay the interest expense on the school
				  bonds issued for any school facilities project.
3. The district shall refund to the Authority
				  any grant funds spent on any costs which were disallowed by the Authority as
				  not being approved costs. Such refund shall be made within 30 days of the
				  request by the Authority.
4. The
				  district shall remit to the Authority any remaining interest earned pursuant to
				  19:34B-5.3(b) 
				  upon final completion of the school facilities project.
5. If a final audit has not been performed on
				  behalf of the district prior to closeout of the school facilities project, the
				  Authority retains the right to recover any appropriate amount after full
				  consideration of any recommendation on disallowed costs resulting from the
				  final audit.
6. The Authority may
				  require additional information from the district or its consultants and
				  contractors and/or retain any grant amount not disbursed until closeout is
				  completed.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34B - SECTION 13.e DELEGATION OF SCHOOL FACILITIES PROJECTS › Subchapter 6 - PROCUREMENT AND AWARD OF CONTRACTS BY DISTRICT › Section 19:34B-6.1 - General requirements for district procurements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the
				  Authority's issuance to the school district of an authorization to proceed with
				  the engagement of a contractor or consultant, the district shall proceed to
				  engage the contractor or consultant to undertake work or services for the
				  school facilities project. Payment by the district for any work or services
				  performed by a contractor or consultant prior to the Authority's written
				  approval for the engagement of the contractor or consultant shall be at the
				  risk of the district and the contractor or consultant.
(b) The district shall procure and award all
				  contracts for the school facilities project in accordance with
				  52:15C-10 and the PSCL and the
				  rules issued pursuant thereto. The district shall utilize the bid
				  specifications prepared by the Authority in the procurement of contracts for
				  the school facilities project, as well as any contract documents or contract
				  provisions required by the Authority as indicated in these regulations or the
				  grant agreement.
(c) The district
				  shall provide notices to the State Comptroller pursuant to the requirements of
				  52:15C-10 concerning the timing of
				  the procurement process relative to the award of contracts.
(d) When procuring contracts pursuant to a
				  delegable portion of a school facilities project, the district shall designate
				  a portion of the contract amount to be set aside for award to subcontractors
				  who qualify as small business enterprises, in accordance with the PSCL,
				  N.J.S.A. 18A:18-52(c) and 18A:18-53, and the Set Aside Act,
				  52:32-17 et seq. This set-aside
				  goal shall be attained by including language in the contract requiring the
				  contracted party to award a 25 percent portion of the contract amount to
				  subcontractors or subconsultants constituting "small businesses" or "small
				  business enterprises" as defined by N.J.S.A. 18A:18-51(d),
				  52:32-19 and
				  17:14-1.2. The 25 percent portion
				  of the contract shall be allocated among several subcontractors of various
				  levels in accordance with the requirements of
				  17:14-4.1(a). The
				  district shall require the contracted party to make a good faith effort to
				  comply with the set-aside requirement, and the contracted party's compliance
				  with this set-aside requirement shall be monitored by the Authority for good
				  faith compliance.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34B - SECTION 13.e DELEGATION OF SCHOOL FACILITIES PROJECTS › Subchapter 6 - PROCUREMENT AND AWARD OF CONTRACTS BY DISTRICT › Section 19:34B-6.2 - Prohibition of award to debarred or suspended contractors and consultants

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The district
				  and its consultants or contractors shall not enter into a contract for work
				  with any person or firm that has been debarred, suspended or disqualified from
				  State, Authority or Federal government contracting.
(b) The district shall insert in all
				  contracts with all contracted parties, and all contractors and consultants
				  shall insert into all of their contracts with all subcontractors and
				  subconsultants, a clause stating that the contracted party, its subcontractors
				  or subconsultants may be debarred, suspended or disqualified from contracting
				  and/or working on the approved school facilities project if the contracted
				  party commits any of the acts listed in N.J.A.C. 17:19-3 or any applicable
				  regulation issued by the Authority.
(c) The district's bid specification for any
				  work or services on an approved school facilities project shall require all
				  bidders to submit a sworn statement by the bidder, or an officer or partner of
				  the bidder, indicating whether or not the bidder is, at the time of the bid,
				  included on the State Treasurer's, the Authority's or the Federal government's
				  list of debarred, suspended or disqualified bidders as a result of action taken
				  by any State or Federal agency, as the case may be. Bid specifications for the
				  approved school facilities project shall state that the district shall
				  immediately notify the Authority in writing whenever it appears that a bidder
				  is on the Treasurer's, the Authority's or the Federal government's list. The
				  Authority reserves the right in such circumstances to immediately suspend such
				  bidder from contracting and/or engaging in work or services on the approved
				  school facilities project and to take such other action as it deems appropriate
				  pursuant to N.J.A.C. 17:19-3 or any applicable regulation issued by the
				  Authority.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34B - SECTION 13.e DELEGATION OF SCHOOL FACILITIES PROJECTS › Subchapter 6 - PROCUREMENT AND AWARD OF CONTRACTS BY DISTRICT › Section 19:34B-6.4 - District procurement of construction manager

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event
				  that the Authority has not engaged a construction manager for the project prior
				  to the execution of the grant agreement, and upon the Authority's issuance to
				  the school district of an authorization to proceed with the procurement of a
				  construction manager, the district shall seek to procure a construction manager
				  pursuant to the terms of the PSCL.
(b) The construction manager with whom the
				  district contracts, and its subconsultants, must be prequalified by the
				  Authority if such prequalification would be required for the performance of
				  similar services on an Authority-managed school facilities project.
(c) The school district shall include in its
				  bid documents the statement that its ability to enter into a contract shall be
				  contingent upon the receipt of an executed grant agreement from the
				  Authority.
(d) The district shall
				  procure and engage the construction manager utilizing the form of construction
				  manager agreement prepared by the Authority. The district shall forward to the
				  Authority all proposals received from prospective construction manager firms
				  for review and approval. Upon approval by the Authority of the district's
				  selection of a construction manager, and upon the Authority's approval of the
				  proposed fee for the construction manager as an approved cost, the grant shall
				  be adjusted to include the amount of the construction manager's fee.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34B - SECTION 13.e DELEGATION OF SCHOOL FACILITIES PROJECTS › Subchapter 6 - PROCUREMENT AND AWARD OF CONTRACTS BY DISTRICT › Section 19:34B-6.5 - Remediation services as part of construction contract

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Authority shall perform any necessary remediation to prepare a site for
				  construction. The Authority may also delegate to the district, in accordance
				  with 19:34B-2.3, certain remediation
				  services or activities that are necessary to be undertaken during the
				  construction of the school facilities project. All such remediation services or
				  activities delegated to the district and occurring during the construction of
				  the school facilities project shall be performed under the supervision of a
				  Licensed Site Remediation Professional retained by the Authority, and shall be
				  consistent with the Remedial Action Work Plan for the property. Remediation
				  activities that are necessary as part of long-term stewardship obligations of
				  the district as owner of the project site, and which occur after the completion
				  of construction and either the Authority's transfer of occupancy to the
				  district or after the transfer of the project site property to the district,
				  shall be performed under the supervision of a Licensed Site Remediation
				  Professional retained by the district.
(b) If the Authority determines to delegate
				  remediation services to the district as part of the construction contract, the
				  district shall comply with any and all local, State, and Federal standards or
				  requirements for the performance of such activities, and shall be responsible
				  for obtaining all reports and any required governmental approvals and/or
				  permits.
(c) The district shall be
				  responsible for, and shall require its contractors to be responsible for,
				  documenting and tracking the nature and costs of any remediation services
				  performed by contractors or consultants engaged or managed by the district.
				  Such remediation services shall be documented and tracked separately from other
				  construction activities and costs, and shall be tracked with reference to the
				  lot and block designation of the parcels on which such remediation activities
				  occur. Where remediation activities extend beyond the boundaries of a single
				  tax lot, the costs of such activities shall be apportioned between the affected
				  tax lots, and documented and tracked accordingly.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34B - SECTION 13.e DELEGATION OF SCHOOL FACILITIES PROJECTS › Subchapter 6 - PROCUREMENT AND AWARD OF CONTRACTS BY DISTRICT › Section 19:34B-6.6 - Remediation services as part of demolition services contract

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon the
				  Authority's determination, in accordance with
				  19:34B-2.3, to delegate demolition
				  services, if the services delegated include the removal of an underground
				  storage tank, the Authority may either undertake or delegate to the district
				  the associated remediation of soil impacted by a discharge from the tank. All
				  such remediation services or activities delegated to the district and occurring
				  during demolition activities in advance of construction of the school
				  facilities project shall be performed under the supervision of a Licensed Site
				  Remediation Professional retained by the Authority, and shall be consistent
				  with the Remedial Action Work Plan for the property. Remediation activities
				  that are necessary as part of long-term stewardship obligations of the district
				  as owner of the project site, and which occur after the completion of
				  construction and either the Authority's transfer of occupancy to the district
				  or after the transfer of the project site property to the district, shall be
				  performed under the supervision of a Licensed Site Remediation Professional
				  retained by the district.
(b) If
				  the Authority determines to delegate remediation services to the district as
				  part of the demolition services contract, the district shall comply with any
				  and all local, State, and Federal standards or requirements for the performance
				  of such activities, and shall be responsible for obtaining all reports and any
				  required governmental approvals and/or permits.
(c) The district shall be responsible for,
				  and shall require its contractors to be responsible for, documenting and
				  tracking the nature and costs of any remediation services performed by
				  contractors or consultants engaged or managed by the district. Such remediation
				  services shall be documented and tracked separately from other construction
				  activities and costs, and shall be tracked with reference to the lot and block
				  designation of the parcels on which such remediation activities occur. Where
				  remediation activities extend beyond the boundaries of a single tax lot, the
				  costs of such activities shall be apportioned between the affected tax lots and
				  documented and tracked accordingly.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34B - SECTION 13.e DELEGATION OF SCHOOL FACILITIES PROJECTS › Subchapter 7 - DISTRICT MANAGEMENT OF THE DELEGATED PORTION OF THE SCHOOL FACILITIES PROJECT › Section 19:34B-7.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The district
				  shall, with all due diligence, proceed to manage the delegated portion of the
				  school facilities project in accordance with the plans and specifications, as
				  applicable. The school facilities project shall be constructed in conformity
				  with the New Jersey Uniform Construction Code, N.J.A.C. 5:23, and the
				  Department's rules governing educational facility planning standards at
				  6A:26-6.2.
(b) The district shall continually monitor
				  the performance of the delegated portion of the school facilities project to
				  ensure that time schedules and the grant budget are being met and that the
				  completion of the delegated portion of the school facilities project will occur
				  in a timely, efficient and cost-effective manner.
(c) The district shall supply to the
				  Authority certain certifications in the form and at the times specified in and
				  required by the grant agreement. Such certifications may include, without
				  limitation: certifications by the school business administrator upon either
				  award of a contract or substantial or final completion of the construction
				  contract or both; tax certifications by the district as may be required by the
				  Authority or the NJEDA to ensure the tax-exempt status of NJEDA bonds; and such
				  other certifications as may be specified in the grant agreement.
(d) In the event that a contracted party
				  defaults under any contract, or in the event of a breach of warranty with
				  respect to any contract, the district shall reasonably exhaust the remedies
				  against the defaulted contracted party and against each such surety for the
				  performance of such contracts.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34B - SECTION 13.e DELEGATION OF SCHOOL FACILITIES PROJECTS › Subchapter 7 - DISTRICT MANAGEMENT OF THE DELEGATED PORTION OF THE SCHOOL FACILITIES PROJECT › Section 19:34B-7.2 - Avoidance and redress of fraud and other unlawful or corrupt practices

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The district
				  shall administer monies pursuant to this chapter, the grant agreement and any
				  contracts entered into in connection with a school facilities project free from
				  bribery, graft and corrupt practices. The district has the primary
				  responsibility for the prevention, detection and cooperation in the prosecution
				  of any such conduct. The Authority shall have the right to pursue
				  administrative or other legally available remedies in the event it suspects the
				  occurrence of such conduct.
(b) The
				  district shall diligently pursue judicial and administrative remedies and take
				  any other appropriate remedial action with respect to any allegations or
				  evidence of such illegality or corrupt practices. The district shall
				  immediately notify the Authority and the State Comptroller in writing when any
				  such allegation or evidence comes to its attention and shall periodically
				  advise the Authority and the State Comptroller in writing of the status and
				  ultimate disposition of any related matter.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34B - SECTION 13.e DELEGATION OF SCHOOL FACILITIES PROJECTS › Subchapter 7 - DISTRICT MANAGEMENT OF THE DELEGATED PORTION OF THE SCHOOL FACILITIES PROJECT › Section 19:34B-7.3 - Performance evaluation policy and procedure

Current through Register Vol. 56, No. 14, July 15, 2024
The Authority may establish and maintain a consultant and
					 contractor performance evaluation policy and procedure. The performance of any
					 consultants and contractors engaged by the school district for the delegated
					 portion of the school facilities project shall be evaluated by the district at
					 the times and in the form and manner specified by the Authority. This
					 evaluation shall consider, among other things, the consultant's and
					 contractor's ability to deliver and complete the school facilities project
					 within the specified time frame established by the construction contract,
					 within the final eligible costs and local share, if any, as determined by the
					 Department, and consistent with the requirements of the contracts.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34B - SECTION 13.e DELEGATION OF SCHOOL FACILITIES PROJECTS › Subchapter 7 - DISTRICT MANAGEMENT OF THE DELEGATED PORTION OF THE SCHOOL FACILITIES PROJECT › Section 19:34B-7.4 - Disclosure and publicity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Submissions
				  received by the Authority under this chapter which are government records as
				  defined in the Open Public Records Act,
				  P.L.
				  2001, c. 404, shall be
				  made available to persons who request their release as provided by State
				  law.
(b) Press releases and other
				  public dissemination of information by the school district concerning the
				  school facilities project shall acknowledge Department approval and Authority
				  financial assistance when such assistance is provided.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 34B - SECTION 13.e DELEGATION OF SCHOOL FACILITIES PROJECTS › Subchapter 7 - DISTRICT MANAGEMENT OF THE DELEGATED PORTION OF THE SCHOOL FACILITIES PROJECT › Section 19:34B-7.5 - Access and record retention

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Authority and the district shall make available records and accounts pertaining
				  to school facilities projects undertaken by the school district to the State
				  Comptroller and the State Auditor in their investigations, examinations and
				  inspections of the activities related to the financing and undertaking of
				  school facilities projects. The Authority shall also cooperate, upon request,
				  in sharing information with other entities.
(c) The Authority shall keep those records
				  and accounts and shall require all contracted parties to keep those records and
				  accounts for the school facilities project as necessary in order to evidence
				  compliance with the Act and all applicable regulations and requirements. Such
				  records shall be retained for 10 years following completion of the school
				  facilities project and any additional period required for the resolution of
				  litigation, claims or audit findings.
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 1 - GENERAL PROVISIONS › Section 19:35-1.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter applies to any real or personal property owned
					 by the New Jersey Schools Development Authority (SDA) that may be considered
					 for determination as surplus property. Upon determination that such property is
					 surplus, this chapter governs the SDA's sale, lease, grant of easement,
					 license, or other use or disposition of such surplus property. A proposed
					 disposition of surplus property in accordance with this chapter will not be
					 authorized or enforceable if the disposition would result in the loss of the
					 tax-exempt status, pursuant to the United States Internal Revenue Code of 1986,
					 26
					 U.S.C. §§
											1 et seq., and all
					 Federal Department of the Treasury regulations, revenue procedures, and revenue
					 rulings issued pursuant thereto, of the bonds issued by the New Jersey Economic
					 Development Authority pursuant to
					 section
					 25 of
					 P.L.
					 2007, c. 137
					 (N.J.S.A.
					 18A:7G-14), the proceeds of which financed
					 SDA's original acquisition of said 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 1 - GENERAL PROVISIONS › Section 19:35-1.2 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to establish and prescribe
					 uniform rules and procedures for the disposition of surplus real or personal
					 property. Proceeds from the disposition of surplus real or personal property
					 shall be used to fund school facilities projects, except that proceeds from the
					 disposition of surplus real property acquired under circumstances described at
					 N.J.S.A.
					 18A:7G-45 will be used to fund school
					 facilities projects in the school district in which the disposed surplus real
					 property is located. No surplus real or personal property disposition shall be
					 made by the SDA, except in accordance 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 2 - DISPOSITION OF SURPLUS PROPERTY › Section 19:35-2.1 - Determination of property as surplus property

Current through Register Vol. 56, No. 14, July 15, 2024
Whenever, in accordance with
					 N.J.A.C.
					 19:35-2.2 or 2.3, the SDA determines that any
					 SDA-owned real or personal property is surplus property in accordance with this
					 subchapter, any temporary use, sale, or other disposition of such real or
					 personal property shall be performed consistent with this chapter and
					 implemented in accordance with processes and procedures established by the SDA
					 from time to time. The SDA can, without Board approval, permit temporary use of
					 SDA property without a determination that the property is
					 surplus.
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 2 - DISPOSITION OF SURPLUS PROPERTY › Section 19:35-2.2 - Personal property as surplus property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the case of
				  personal property, a determination that an item, or items, of personal property
				  is surplus shall be based upon whether such person property is:
1. Necessary for the undertaking or
				  management of a school facilities project; and/or
2. Used or useful in the administrative
				  operations of 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 2 - DISPOSITION OF SURPLUS PROPERTY › Section 19:35-2.3 - Real property as surplus property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the case of
				  real property, the determination that a tract or parcel of SDA-owned real
				  property is surplus shall be based upon whether such real property:
1. Has been determined not to be necessary
				  for the undertaking or management of a school facilities project; and
2. Is used or useful in the administrative
				  operations of 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 2 - DISPOSITION OF SURPLUS PROPERTY › Section 19:35-2.4 - Requirements for declaring property as surplus property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				  declarations that real or personal property is surplus property shall be based
				  upon a written recommendation prepared by appropriate SDA staff, which shall
				  set forth the factual information that supports a determination pursuant to
				  N.J.A.C.
				  19:35-2.2 or 2.3, as applicable.
(b) All recommendations that real property be
				  declared surplus shall be submitted to the Board for approval of the
				  declaration.
(c) Recommendations
				  that personal property be declared surplus shall be submitted to the Chief
				  Executive Officer, or his or her designee, for approval of the declaration,
				  when the estimated value of the personal property does not exceed $
				  500,000.
(d) Recommendations that
				  personal property be declared surplus shall be submitted to the Board for
				  approval of the declaration, when the estimated value of the personal property
				  exceeds $ 500,000.
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 3 - DISPOSITION OF SURPLUS PROPERTY; DISPOSITIONS EXEMPT FROM ADVERTISING REQUIREMENTS › Section 19:35-3.1 - Manner and requirements of surplus property disposition

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				  Whenever, consistent with this chapter, it is determined that disposition of
				  surplus personal or real property would be advantageous to the school
				  construction program, the SDA may dispose of such surplus real and/or personal
				  property through a competitive sale to the public through public advertisement
				  upon the terms and conditions established in this chapter, in any one of the
				  following manners:
1. Through the
				  solicitation of sealed bids;
2.
				  Through the solicitation of offers for purchase; or
3. Through internet auction.
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 3 - DISPOSITION OF SURPLUS PROPERTY; DISPOSITIONS EXEMPT FROM ADVERTISING REQUIREMENTS › Section 19:35-3.2 - Waiver of public advertisement for sale of surplus personal property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In disposing of
				  surplus personal property, the SDA, in its sole discretion, may waive the
				  advertising requirements at
				  N.J.A.C.
				  19:35-3.1 and , more particularly, set forth
				  at N.J.A.C. 19:354.1 and may dispose of surplus personal property for its
				  estimated market value through a direct negotiated sale if a determination is
				  made that any of the following circumstances exist:
1. The surplus personal property to be sold
				  has an estimated market value less than the State bid advertising threshold
				  then in effect pursuant to
				  N.J.S.A.
				  52:34-7.b;
2. The proposed disposition of surplus
				  personal property constitutes an unusual transaction that would not benefit
				  from public advertising or public bidding, such as a disposition in response to
				  an unsolicited offer to purchase, provided that the purchase price to be paid
				  is not less than the estimated market value thereof as established by its book
				  value or other appropriate valuation methodology and the SDA, in its
				  determination, would not benefit from a subsequent advertising or public
				  bidding;
3. The disposition of such
				  surplus personal property is to a governmental entity for a valid public
				  purpose and is for the estimated market value or the sale price approved by the
				  SDA Board taking into consideration such estimated market value; or
4. The disposition is of a temporary
				  classroom unit or units acquired by the SDA to provide temporary facilities
				  pending the completion of a school facilities project, and the SDA has
				  determined, based on a feasibility analysis, that disposition of the unit(s) is
				  more advantageous to the SDA than the relocation and reuse thereof.
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 3 - DISPOSITION OF SURPLUS PROPERTY; DISPOSITIONS EXEMPT FROM ADVERTISING REQUIREMENTS › Section 19:35-3.3 - Waiver of public advertisement for sale of surplus real property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In connection
				  with the disposition of surplus real property, the SDA, in its sole discretion,
				  may waive the advertising requirement set forth at
				  N.J.A.C.
				  19:35-3.1 and more particularly described at
				  N.J.A.C. 19:35-4.1, and may dispose of surplus real property for fair market
				  value through a direct negotiated sale as defined at
				  N.J.A.C.
				  19:35-1.2, if a determination is made that
				  any of the following circumstances exist:
1.
				  The disposition is of surplus real property, or any interest therein, having a
				  fair market value not in excess of $ 100,000;
2. The subject surplus real property is
				  unique and the disposition thereof requires an unusual contract or represents
				  an unusual transaction that would not benefit from public advertising or public
				  bidding;
3. The costs of
				  environmental remediation activities or other activities required by governing
				  authorities to effectively remediate the surplus real property, or activities
				  required to render the surplus real property marketable are greater than or
				  equal to the appraised value of the surplus real property;
4. The surplus real property to be sold is an
				  undersized lot and is being offered to an adjacent owner for fair market value,
				  provided that the adjacent landowner has no connection to, or affiliation with,
				  the SDA or any of its employees;
5.
				  The disposition of the surplus real property, or any interest therein, is to a
				  public party or nonpublic party, for fair market value, provided that such
				  surplus real property is used for an educational purpose;
6. The disposition of such surplus real
				  property is to a public party for a valid public purpose that does not result
				  in the loss of the tax exempt status of the bonds set forth at
				  N.J.A.C.
				  19:35-1.1, and is for fair market value, or
				  is for a sale price that is less than fair market value if approved by the SDA
				  Board after taking into consideration additional analyses and valuations that
				  affect fair market value; or
7. The
				  disposition of such surplus real property is to a public or non-public party
				  having no connection to, or affiliation with, the SDA or its employees, that
				  has submitted an unsolicited offer to purchase, provided such offer is for not
				  less than fair market value as evidenced by an independent appraisal prepared
				  by a professional licensed appraiser and the SDA has determined that it would
				  not benefit from a subsequent advertising or public bidding.
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 19:35-4.1 - Methods of disposition of surplus personal property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever, consistent with this chapter,
				  it is determined that the disposition of items of personal property that have
				  been determined to be surplus personal property in accordance with
				  N.J.A.C.
				  19:35-2.2 is in the best interests of the
				  school construction program and such surplus personal property does not qualify
				  as exempt from the advertising requirements pursuant to N.J.A.C. 19:353.2, the
				  SDA may sell such surplus personal property through a competitive sale to the
				  public after public advertisement through one of the following methods:
1. The solicitation of sealed bids process
				  described at N.J.A.C. 19:35-4.2 through 4.14; or
2. The internet auction process set forth at
				  N.J.A.C. 19:35-4.15.
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 19:35-4.2 - Sealed bid process for surplus personal property: advertisement requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  disposition of surplus personal property may be conducted through a sealed bid
				  process initiated by issuance of a Notice of Solicitation of Sealed Bids.
1. Disposition by sealed bid process shall
				  require publication of an advertisement of the issuance of a Notice of
				  Solicitation of Sealed Bids in each of the following outlets:
i. On the SDA website;
ii. On the New Jersey State business
				  portal;
iii. In the "Public/Legal
				  Notice" section of a daily newspaper with Statewide circulation; and
iv. In the "Public/Legal Notice" section of a
				  daily newspaper published or circulated in the county in which such personal
				  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 4 - DISPOSITION OF SURPLUS PERSONAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-4.3 - Sealed bid process for surplus personal 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 4 - DISPOSITION OF SURPLUS PERSONAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-4.4 - Sealed bid process for surplus personal 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 Notice of
					 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 alternate procedure is established in 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 4 - DISPOSITION OF SURPLUS PERSONAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-4.5 - Sealed bid process for surplus personal property: submission of bids

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Bids in
				  response to a Notice of Solicitation of Sealed Bids shall be submitted during
				  the time and at the place specified in the Notice of Solicitation of Sealed
				  Bids, as the same may be Adopted.
(b) If more than one item of surplus personal
				  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. 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 4 - DISPOSITION OF SURPLUS PERSONAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-4.6 - Sealed bid process for surplus personal property: withdrawal of bids

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Bidders may
				  withdraw bids, or withdraw and resubmit bids, at any time prior to the closing
				  of the bidding period.
(b) Bids may
				  be withdrawn only on written request received prior to the time and date for
				  submission of bids and 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 4 - DISPOSITION OF SURPLUS PERSONAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-4.7 - Sealed bid process for surplus personal property: opening and validity of sealed bids

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An SDA
				  representative shall publicly open and publicly read the bids on the date
				  specified in the Notice of Solicitation of Sealed Bids.
(b) 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 4 - DISPOSITION OF SURPLUS PERSONAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-4.8 - Sealed bid process for surplus personal property: award to highest responsible bidder

Current through Register Vol. 56, No. 14, July 15, 2024
Absent cancellation of the solicitation of sealed bids in
					 accordance with N.J.A.C. 19:35-4.9, the award of a disposition of surplus
					 personal property publicly bid 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 4 - DISPOSITION OF SURPLUS PERSONAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-4.9 - Sealed bid process for surplus personal property: cancellation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event
				  that no bids are received, or only one bid is received on item(s) of surplus
				  personal 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:
1. The disposition should, nevertheless, be
				  consummated; or
2. The disposition
				  should be cancelled, with rejection of all 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 4 - DISPOSITION OF SURPLUS PERSONAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-4.10 - Sealed bid process for surplus personal property: withdrawal of items

Current through Register Vol. 56, No. 14, July 15, 2024
(a) With respect to
				  a solicitation of sealed bids pertaining to more than one item of surplus
				  personal property, when the SDA deems it to be in the best interests of the
				  school construction program, at any time prior to the disposition thereof, one
				  or more items of surplus personal property may be withdrawn from the
				  solicitation of sealed bids.
(b)
				  When one or more items of surplus personal property are withdrawn from a
				  solicitation of sealed bids, the SDA shall determine whether such items of
				  surplus personal property shall be reoffered for disposition or otherwise
				  disposed of in a manner that is consistent with this subchapter.
(c) The withdrawal of any item or items of
				  surplus personal property from a Notice of Solicitation of Sealed Bids pursuant
				  to (a) above shall not affect the disposition of the remaining items of surplus
				  personal 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 4 - DISPOSITION OF SURPLUS PERSONAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-4.11 - Sealed bid process for surplus personal 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 a bid deposit is required, it 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
				  a bid deposit requirement 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 4 - DISPOSITION OF SURPLUS PERSONAL PROPERTY SUBJECT TO ADVERTISING REQUIREMENTS › Section 19:35-4.12 - Sealed bid process for surplus personal property: Notice of Award

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The successful
				  bidder shall be given a "Notice of Award" advising of the SDA's acceptance of
				  its bid with respect to the purchase of the surplus personal
				  property.
(b) The Notice of Award
				  shall be given in the manner and within the time for acceptance of the bid as
				  may be specified in the terms and conditions detailed in the Notice of
				  Solicitation of Sealed Bids.
(c)
				  The Notice of Award shall be in writing and shall specify the time and manner
				  for payment of the balance of the bid price and for taking possession of the
				  surplus personal property.
(d) A
				  written Notice of Award shall be deemed to result in a binding contract without
				  any further action by either party.
(e) A copy of the Notice of Award addressed
				  to the winning bidder shall be provided to all unsuccessful bidders.
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 19:35-4.13 - Sealed bid process for surplus personal 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, the successful bidder shall:
1. Pay the balance of the bid price in the
				  manner, and within the time, as set forth in the Notice of Award; and
2. Take possession of the surplus personal
				  property within the time, and in the manner, as set forth in the Notice of
				  Award.