New Jersey § 18a:64-56

§ 18a:64-56.

Any purchase, contract or agreement of the character described in section 4 of P.L.1986,

c. 43 ( C.18A:64-55 ) may be made, negotiated or awarded by the State college by resolution at a public

meeting of its board of trustees without public advertising for bids or bidding therefor

if: a. The subject matter thereof consists of: (1) Professional services; or (2) Extraordinary unspecifiable services and products which cannot reasonably be described

by written specifications, subject, however, to procedures consistent with open public

bidding whenever possible; or (3) Materials or supplies which are not available from more than one potential bidder,

including without limitation materials or supplies which are patented or copyrighted;

or (4) The doing of any work by employees of the State college; or (5) The printing of all legal notices and legal briefs, records and appendices to

be used in any legal proceeding to which the State college may be a party and the

use of electronic data or media services, including the internet, for the printing

of these legal notices and legal briefs, records and appendices; or (6) Textbooks, copyrighted materials, student-produced publications and services incidental

thereto, library materials including without limitation books, periodicals, newspapers,

documents, pamphlets, photographs, reproductions, microfilms, pictorial or graphic

works, musical scores, maps, charts, globes, sound recordings, slides, films, filmstrips,

video and magnetic tapes, other printed or published matter and audiovisual and other

materials of a similar nature, necessary binding or rebinding of library materials

and specialized library services, including electronic databases and digital formats;

or (7) Food supplies and services, including food supplies and management contracts for

student centers, dining rooms and cafeterias; or (8) The supplying of any product or the rendering of any service by the public utility

which is subject to the jurisdiction of the Board of Public Utilities, in accordance

with tariffs and schedules of charges made, charged and exacted, filed with that board;

or (9) Equipment repair service if in the nature of an extraordinary unspecifiable service

and necessary parts furnished in connection with the services; or (10) Specialized machinery or equipment of a technical nature which will not reasonably

permit the drawing of specifications, and the procurement thereof without advertising

is in the public interest; or (11) Insurance, including the purchase of insurance coverage and consulting services,

which exceptions shall be in accordance with the requirements for extraordinary unspecifiable

services; or (12) Publishing of legal notices in newspapers as required by law and the use of electronic

data or media services, including the internet, for the publication of the legal notices;

or (13) The acquisition of artifacts or other items of unique intrinsic, artistic or

historic character; or (14) The collection of amounts due on student loans, including without limitation

loans guaranteed by or made with funds of the United States of America, and amounts

due on other financial obligations to the State college, including but not limited

to, the amounts due on tuition and fees and room and board; or (15) Professional consulting services; or (16) Entertainment, including without limitation theatrical presentations, band and

other concerts, movies and other audiovisual productions; or (17) Contracts employing funds created by student activities fees charged to students

or otherwise raised by students and expended by student organizations; or (18) Printing, including without limitation catalogs, yearbooks and course announcements

and the production and reproduction of such material in electronic and digital formats,

including compact discs; or (19) Information technology; or (20) Personnel recruitment and advertising, including without limitation advertising

seeking student enrollment; or (21) Educational supplies, books, articles of clothing and other miscellaneous articles

purchased by a State college for resale to college students and employees; or (22) Purchase or rental of graduation caps and gowns , and award certificates or plaques , or the rental of space and equipment used for graduation and other events and ceremonies ; or (23) Items available from vendors at costs below State contract pricing for the same

product or service, which meets or exceeds the State contract terms or conditions;

or (24) Management contracts for bookstores, performing arts centers, residence halls,

parking facilities and building operations; or (25) Consulting services involving information technology, curricular or programmatic

review, fund raising, transportation, safety or security; or (26) Construction management services for construction, alteration or repair of any

building or improvement; or (27) Purchase or rental of equipment of a technical nature when the procurement thereof

without advertising is necessary in order to assure standardization of equipment and

interchangeability of parts in the public interest; or (28) Banking and investment services; or (29) Energy supply, such as electric and gas, from a third-party supplier; or (30) Hazardous waste collection and disposal services; or (31) Supplies and services for the administration of study abroad or remote programs;

or (32) Transportation services; or (33) Vehicle maintenance; or (34) Vending services; or (35) Medical testing . b. It is to be made or entered into with the United States of America, the State of

New Jersey, a county or municipality or any board, body, or officer, agency or authority

or any other state or subdivision thereof. c. The State college has advertised for bids pursuant to section 4 of P.L.1986, c.

43 ( C.18A:64-55 ) on two occasions and (i) has received no bids on both occasions in response to its

advertisement, or (ii) has rejected the bids on two occasions because the State college

has determined that they are not reasonable as to price, on the basis of cost estimates

prepared for or by the State college prior to the advertising therefor, or have not

been independently arrived at in open competition, or (iii) on one occasion no bids

were received pursuant to (i) and on one occasion all bids were rejected pursuant

to (ii), in whatever sequence; any contract or agreement may then be negotiated by

a two-thirds affirmative vote of the authorized membership of the board of trustees

authorizing the contract or agreement; provided that: (1) A reasonable effort is just made by the contracting agent to determine that the

same or equivalent materials or supplies at a cost which is lower than the negotiated

price are not available from any agency or authority of the United States, the State

of New Jersey or of the county in which the State college is located, or any municipality

in close proximity to the State college; (2) The terms, conditions, restrictions and specifications set forth in the negotiated

contract or agreement are not substantially different from those which were the subject

of competitive bidding pursuant to section 4 of this article; and (3) Any minor amendment or modification of any of the terms, conditions, restrictions

and specifications, which were the subject of competitive bidding pursuant to section

4 of P.L.1986, c. 43 ( C.18A:64-55 ), shall be stated in the resolution awarding the contract or agreement; except that

if on the second occasion the bids received are rejected as unreasonable as to price,

the State college shall notify each responsible bidder submitting bids on the second

occasion of its intention to negotiate and afford each bidder a reasonable opportunity

to negotiate, but the State college shall not award the contract or agreement unless

the negotiated price is lower than the lowest rejected bid price submitted on the

second occasion by a responsible bidder, is the lowest negotiated price offered by

any reasonable vendor, and is a reasonable price for the work, materials, supplies

or services. Whenever a State college shall determine that a bid was not arrived at independently

in open competition pursuant to subsection c. (ii) of this section, it shall thereupon

notify the Attorney General of the facts upon which its determination is based and,

when appropriate, it may institute appropriate proceedings in any State or federal

court of competent jurisdiction for a violation of any State or federal antitrust

law or laws relating to the unlawful restraint of trade. d. It is to be awarded through a reverse auction for the purchase of utilities and

other commodities.