New Jersey § 40a:11-23

§ 40a:11-23.

All plans, specifications and bid proposal documents for the erection, alteration,

or repair of a building, structure, facility or other improvement to real property,

the total price of which exceeds the amount set forth in, or the amount calculated

by the Governor pursuant to, section 3 of P.L.1971, c. 198 ( C.40A:11-3 ), shall include: a. a document for the bidder to acknowledge the bidder's receipt of any notice or

revisions or addenda to the advertisement or bid documents; and b. a form listing those documentary and informational forms, certifications, and other

documents that the contracting agent requires each bidder to submit with the bid. The form shall list each of the items to be submitted with the bid proposal and

a place for the bidder to indicate, by initialing each entry, that the bidder has

included those required items with the completed bid proposal. Each bidder shall complete this form and submit it with the bid proposal in addition

to those documentary and informational forms, certifications, and other documents

that are listed on the form; and c. a statement indicating whether uniformed law enforcement officers will be required

for the project. The statement shall include a line item allowance, which shall be a good faith effort

on the part of the contracting unit, to reasonably estimate the total cost of traffic

control personnel, vehicles, equipment, administrative, or any other costs associated

with additional traffic control requirements required by the contracting unit, or

any other public entity affected by the project, above and beyond the bidder's traffic

control personnel, vehicles, equipment, and administrative costs. The individuals responsible for the assignment of uniformed law enforcement officers

for any municipalities affected by a project shall be required to determine where

traffic safety control is needed for a project, and calculate the number and placement

of all necessary personnel, equipment, and the costs associated with these, including

hourly rates, and submit this information to the contracting unit. The contracting unit shall not be responsible for additional traffic control costs

beyond the number of working days specified in the construction contract in accordance

with section 17 of P.L.1971, c. 198 ( C.40A:11-17 ), when such a delay is caused by the contractor and liquidated damages have been

assessed. The statement prescribed under this subsection shall not be required if the contracting

unit will provide for the direct payment of uniformed law enforcement officers and

any additional costs directly associated with the provision of those officers; and d. at the option of the contracting unit, specified alternate proposals in addition

to a base specification. When the contracting unit specifies alternate proposals, the determination of which

bidder's response to a request for bids offers the lowest price shall be made on the

basis of the price of: (i) the base specification plus the price of any selected

specified alternate proposals; or (ii) a choice of specified alternative proposals

within the limit of funds that may be made available for a project. If a contracting unit provides for more than one specified alternate proposal, the

contracting unit shall specify in the bid specification the criteria or ranked order

by which specified alternate proposals shall be selected and included in the award

of the contract by the governing body, provided that this requirement shall only apply

to a project with a total estimated cost, including specified alternate proposals,

of greater than $500,000. The aggregate dollar value of accepted specified alternative proposals shall not

exceed 50 percent of the base bid. If a contracting unit is found in a court of law to have chosen specific alternative

proposals in a manner intended to award a contract to a specific vendor, the bids

shall be voided, the contracting unit shall rebid the project, and a plaintiff who

prevails in any proceeding shall be entitled to a reasonable attorney's fee. For the purposes of this subsection: “ Specified alternate proposal ” means a requirement of the bid specification for bidders to submit prices for reduced,

modified or supplemental work in addition to the base proposal which may include,

but not be limited to, a change in project scope or the use of alternative materials

or methods of construction; “ Base specification ” means the plans and specifications for the erection, alteration or repair of the

building, structure, facility or other improvement to real property that are required

to be met by all bidders without exception ; and e. in the case of a project that includes the removal of soil from the site, disclosure

of any documentation relative to the known soil conditions at the site including,

but not limited to, any test results specifying the level of contamination, if any,

of the soil that has been found at the site of the project, or if a project is located

on a site with historical or suspected contamination, a line item allowance or minimum

unit price line item for soil testing and contaminated soil disposal, which shall

be a good faith effort on the part of the contracting unit to reasonably estimate

the total cost of testing the soil and disposing of it .