New Jersey § 18a:64a-25

§ 18a:64a-25.

Any purchase, contract or agreement of the character described in section 4 1 may be made, negotiated or awarded by the county 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 county 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 county college may be a party; 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; 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 said board;

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

and necessary parts furnished in connection with such 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; 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; 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, not under the direct control of the college and expended

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

or (19) Providing goods or services for the use, support or maintenance of proprietary computer

hardware, software peripherals and system development for the hardware ; 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 county college bookstore, or by a service or management company under

contract with a county college to operate a county college book store for resale to

college students and employees; or (22) Purchase or rental of graduation caps and gowns and award certificates or plaques ; or (23) Expenses for travel or conferences; or (24) 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 . 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 county college has advertised for bids pursuant to section 4 of P.L.1982, c.

189 ( C.18A:64A-25.4 ) on two occasions and (i) has received no bids on both occasions in response to its

advertisement, or (ii) has rejected such bids on two occasions because the county

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

estimates prepared for or by the county 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 such contract or agreement may then be negotiated

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

authorizing such contract or agreement; provided, however, that: (1) A reasonable effort is 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 from the county in which the county college is located, or any municipality in close proximity

to the county 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 P.L.1982, c. 189 ( C.18A:64A-25.4 ); and (3) Any relevant 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.1982, c.

189 ( C.18A:64A-25.4 ), shall be stated in the resolution awarding such contract or agreement; provided,

further, however, that if on the second occasion the bids received are rejected as

unreasonable as to price, the county college shall notify each responsible bidder

submitting bids on the second occasion of its intention to negotiate and afford each

such bidder a reasonable opportunity to negotiate, but the county college shall not

award such 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 responsible vendor, and is a reasonable

price for such work, materials, supplies or services. Whenever a county 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 county prosecutor of the county in which the county college is located

and 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. 1

N.J.S.A. § 18A:64A-25.4.