New Jersey § 18a:18a-15

§ 18a:18a-15.

Any specifications for the provision or performance of goods or services under this chapter shall be drafted in a manner to encourage free, open and competitive bidding. In particular, no specifications under this chapter may: a. Require any standard, restriction, condition or limitation not directly related

to the purpose, function or activity for which the contract is awarded ; or b. Require that any bidder be a resident of, or that the bidder's place of business be located in, the county or school district in which the contract will be awarded or performed, unless the physical proximity of the bidder is requisite to the efficient

and economical performance of the contract ; or c. Discriminate on the basis of race, religion, sex, national origin creed, color, ancestry, age, marital status, affectional or sexual orientation, familial

status, liability for service in the Armed Forces of the United States, or nationality ; or d. Require, with regard to any contract , the furnishing of any “brand name,” but may in all cases require “brand name or

equivalent,” except that if the goods or services to be provided or performed are proprietary , such goods or services may be purchased by stipulating the proprietary goods or services

in the bid specification in any case in which the resolution authorizing the contract so indicates, and the special need for such proprietary goods or services is directly related to the performance, completion or undertaking of the purpose

for which the contract is awarded ; or e. Fail to include any option for renewal, extension, or release which the board of

education may intend to exercise or require; or any terms and conditions necessary

for the performance of any extra work; or fail to disclose any matter necessary to

the substantial performance of the contract . The specifications for every contract for public work, the entire cost whereof will

exceed $20,000.00, shall provide that the board of education, through its authorized

agent, shall upon completion of the contract report to the department as to the contractor's

performance, and shall also furnish such report from time to time during performance

if the contractor is then in default. Any specification which knowingly excludes prospective bidders by reason of the impossibility of performance,

bidding or qualification by any but one bidder, except as provided herein, shall be

null and void and of no effect and shall be readvertised for receipt of new bids , and the original contract shall be set aside by the board of education. No provision in this section shall be construed to prevent a board of education from

designating that a contract for goods or services shall be awarded to a small business enterprise, a minority business enterprise or

a women's business enterprise pursuant to P.L.1985, c. 490 ( C.18A:18A-51 et seq. ). Any prospective bidder who wishes to challenge a bid specification shall file such

challenges in writing with the purchasing agent no less than three business days prior

to the opening of the bids. Challenges filed after that time shall be considered void and having no impact on

the board of education or the award of a contract.