New Jersey § 18a:71a-10

§ 18a:71a-10.

a. The authority, in the exercise of its power to make and enter into contracts and

agreements necessary or incidental to the performance of its duties and the execution

of its powers, shall adopt standing operating rules and procedures providing that,

except as hereinafter provided, no contract on behalf of the authority shall be entered

into for the doing of any work, or for the hiring of equipment or vehicles, when the

sum to be expended exceeds the sum of $25,000 or, after the effective date of P.L.1999, c. 440 , the amount determined pursuant to subsection b. of this section, unless the authority

shall first publicly advertise for bids therefor, and shall award the contract to

the lowest responsible bidder ; provided, however, that such advertising shall not be required when the contract

to be entered into is one for the furnishing or performing of services of a professional

nature, or when the purchase is to be made through or by the Director of the Division

of Purchase and Property pursuant to section 1 of P.L.1959, c. 40 ( C.52:27B-56.1 ), or through a contract made by any of the following: the New Jersey Sports and

Exposition Authority established under section 4 of P.L.1971, c. 137 ( C.5:10-4 ); the Hackensack Meadowlands Development Commission established under section 5

of P.L.1968, c. 404 ( C.13:17-5 ); the New Jersey Highway Authority established under section 4 of P.L.1952, c. 16

( C.27:12B-4 ); the New Jersey Turnpike Authority established under section 3 of P.L.1948, c.

454 ( C.27:23-3 ); the New Jersey Water Supply Authority established under section 4 of P.L.1981,

c. 293 ( C.58:1B-4 ); the South Jersey Transportation Authority established under section 4 of P.L.1991, c. 252 ( C.27:25A-4 ); the Port Authority of New York and New Jersey established under R.S.32:1-4 ; and the Delaware River Port Authority established under R.S.32:3-2 . Waiver of bid advertising and of actual bidding shall be made by resolution of the

authority for those goods, services, and contracts described in sections 4 and 5 of

P.L.1954, c. 48 ( C.52:34-9 and 52:34-10 ). This subsection shall not prevent the authority from having any work done by its own

employees, nor shall it apply when the safety or protection of its or other public

property requires. In the case of exigency or emergency, the authority shall, by resolution passed

by the affirmative vote of a majority of its members, declare the exigency or emergency

to exist, and set forth in the resolution the nature thereof and the approximate amount

to be so expended. b. Commencing in the fifth year after the year in which P.L.1999, c. 440 takes effect, and every five years thereafter, the Governor, in consultation with the Department of the Treasury, shall adjust the threshold amount set forth in subsection a. of this section, or the threshold

amount resulting from any adjustment under this subsection, in direct proportion to

the rise or fall of the index rate as that term is defined in section 2 of P.L.1971, c. 198 ( C.40A:11-2 ), and shall round the adjustment to the nearest $ 1,000 . The Governor shall, no later than June 1 of every fifth year, notify the authority of the adjustment. The adjustment shall become effective July 1 of the year in which it is made . c. The authority, in the exercise of its power to make purchases and enter into contracts,

leases and agreements necessary or incidental to the performance of its duties and

the execution of its powers, shall adopt standing operating rules and procedures providing

that, subject to subsections a. and b. of this section, for purchases, contracts,

leases and agreements payable exclusively with or out of funds transferred from the

Higher Education Student Assistance Fund, the purchases, contracts, leases and agreements

shall be subject to the authority's sole approval. Approval of the purchases, contracts, leases, and agreements shall not be required

by any other department, division, board, bureau, agency, office or officer of the

State. d. The authority, without advertising for bids, or after having rejected all bids

obtained pursuant to advertising therefor, may purchase any materials, supplies or

equipment pursuant to a contract or contracts for the materials, supplies or equipment

entered into on behalf of the State. Any department, division, commission, board, bureau, agency, office or officer of

the State may, by joint action with the authority, purchase any articles used or needed

by the State and the authority. e. Records subject to the record retention requirements set forth under 20 U.S.C.s.1071 et seq., 20 U.S.C.s.1070c et seq., and 20 U.S.C.s.1104 et seq. and implementing regulations and rules shall not be “public records” for purposes

of the “Destruction of Public Records Law (1953),” P.L.1953, c. 410 (C.47: 3-15 et

seq.), notwithstanding the provisions of any law to the contrary. f. The executive director shall have the power to approve of travel consistent with

Office of Management and Budget travel regulations, except that for travel that is

payable exclusively with or out of funds transferred from the Higher Education Student

Assistance Fund, no approval shall be required by the Director of the Office of Management

and Budget.