New Jersey § 40a:11-16

§ 40a:11-16.

a. (1) In the preparation of plans and specifications for the construction, alteration

or repair of any public building by any contracting unit, when the entire cost of

the work will exceed the bid threshold, the architect, engineer or other person preparing

the plans and specifications may prepare separate plans and specifications for branches

of work in the following categories: (1) 1 The plumbing and gas fitting and all kindred work; (2) Steam power plants, steam and hot water heating and ventilating and refrigeration

apparatus and all kindred work; (3) Electrical work, including any electrical power plants, tele-data, fire alarm,

or security system; (4) Structural steel and ornamental iron work; and (5) General construction, which shall include all other work required for the completion

of the project. (2) With regard to the branch work categories in paragraph (1) of this subsection,

the contracting agent shall advertise for and receive, in the manner provided by law,

either (a) separate bids for each of said categories, or (b) 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 (c) both. In the case of separate bids under (a) or (c) of this paragraph, contractors for

categories (1) through (4) shall not be required to name subcontractors in their bid. In the case of a single bid under (b) or (c), there shall be set forth in the bid

the name or names of all subcontractors to whom the general contractor will subcontract

for categories (1) through (4). Subcontractors who furnish general construction work pursuant to category (5), or

subcontractors who furnish work to named subcontractors pursuant to categories (1)

through (4) shall not be named in the bid. Notwithstanding the foregoing provisions of this paragraph, 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 (a) of this paragraph, 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. (3) The contracting unit shall require evidence of performance security to be submitted

simultaneously with the bid. 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. b. Whenever a bid sets forth more than one subcontractor for any of the categories

(1) through (4) in paragraph (1) of subsection a. of this section, the bidder shall

submit to the contracting unit a certificate signed by the bidder listing each subcontractor

named in the bid for that category. The certificate shall set forth the scope of work, goods and services for which

the subcontractor has submitted a price quote and which the bidder has agreed to award

to each subcontractor should the bidder be awarded the contract. The certificate shall be submitted to the contracting unit simultaneously with the

list of the subcontractors. The certificate may take the form of a single certificate listing all subcontractors

or, alternatively, a separate certificate may be submitted for each subcontractor. If a bidder does not submit a certificate or certificates to the contracting unit,

the contracting unit shall award the contract to the next lowest responsible bidder. c. Contracts shall be awarded to the lowest responsible bidder. In the event that a contract is advertised for both separate bids for each branch

of work and for bids for all work, goods, and services, said 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 contracting unit shall award separate contracts

for each of such branches to the lowest responsible bidder therefor, but if the sum

total of the amounts 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 contracting unit 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 for a single overall contract, all

payments required to be made under such contract for work, goods and services supplied

by a subcontractor shall, upon the certification of the contractor of the amount due

to the subcontractor, be paid directly to the subcontractor. d. (Deleted by amendment, P.L.2015, c. 201 ). e. (Deleted by amendment, P.L.2015, c. 201 ). f. (Deleted by amendment, P.L.2015, c. 201 ). 1

Subsec. designations so in original.