New Jersey § 18a:18a-18

§ 18a:18a-18.

a. In the preparation of plans and specifications for the construction, alteration

or repair of any building by a board of education, when the entire cost of the work

will exceed the bid threshold, separate plans and specifications may be prepared for

each of the following branches of work in the following categories , and all work kindred thereto to be performed or furnished in connection therewith: (1) The plumbing and gas fitting work; (2) The refrigeration, heating and ventilating systems and equipment; (3) The electrical work, including any electrical power plant , tele-data, fire alarm, or security system ; (4) The structural steel and ornamental iron work; (5) General construction, which shall include all other work required for the completion

of the project. b. With regard to the branch work categories in subsection a. of this section, the board of education or its purchasing agent shall advertise for and receive, in

the manner provided by law, (1) separate bids for each of the branches of work specified

in subsection a. of this section, or (2) single bids by general contractors for all the work, goods and services required to complete the public building to be included in a single overall contract, or (3) both. In the case of separate bids under paragraph (1) or (3) of this subsection, contractors

for categories (1) through (4) of subsection a. of this section shall not be required

to name subcontractors in their bid. In the case of a single bid under paragraph (2) or (3) of this subsection, there

will be set forth in the bid the name or names of all subcontractors to whom the bidder

will subcontract the furnishing of plumbing and gas fitting, and all kindred work,

and of the heating and ventilating systems and equipment, and electrical work, structural

steel and ornamental iron work, each of which subcontractors shall be qualified in

accordance with N.J.S.18A:18A-1 et seq. for categories (1) through (4) of subsection a. of this section . Subcontractors who furnish general construction work pursuant to category (5) of subsection

a. of this section or subcontractors who furnish work to named subcontractors pursuant

to categories (1) through (4) of subsection a. of this section shall not be named

in the bid. Notwithstanding the foregoing provisions of this subsection, a contracting unit

may choose to require in its bid specification that a subcontractor shall be named

in a bid when, in the case of paragraph (1) of subsection b., separate bids for each

category, the work of that subcontractor exceeds 35 percent of the contracting unit's

estimated amount of value of the work, which shall be set forth in the bid specification. The school district shall require evidence of performance security to be submitted

simultaneously with the list of the subcontractors. Evidence of performance security may be supplied by the bidder on behalf of himself

and any or all subcontractors, or by each respective subcontractor, or by any combination

thereof which results in evidence of performance security equaling, but in no event

exceeding, the total amount bid. c. Contracts shall be awarded to the lowest responsible bidder in each branch of work

in the case of separate bids and to the single lowest responsible bidder in the case

of single bids. In the event that a contract is advertised in accordance with paragraph (3) of subsection

b. of this section, the contract shall be awarded in the following manner: If the

sum total of the amounts bid by the lowest responsible bidder for each branch is less

than the amount bid by the lowest responsible bidder for all the work, goods and services,

the board of education shall award separate contracts for each of such branches to

the lowest responsible bidder therefor, but if the sum total of the amount bid by

the lowest responsible bidder for each branch is not less than the amount bid by the

lowest responsible bidder for all the work, goods and services, the board of education

shall award a single overall contract to the lowest responsible bidder for all of

such work, goods and services. In every case in which a contract is awarded under paragraph (2) or (3) of subsection

b. of this section, all payments required to be made under such contract for work,

goods and services supplied by a subcontractor may, upon the certification of the

contractor of the amount due to the subcontractor, be paid directly to the subcontractor. Payments to a subcontractor for work and materials supplied in connection with the

contract shall be made within 10 calendar days of the receipt of payment for that

work or the delivery of those materials by the subcontractor in accordance with the

provisions of P.L.1991, c. 133 ( C.2A:30A-1 et seq. ), and any regulations promulgated thereunder.