New Jersey § 40a:11-23

§ 40a:11-23.

a. All advertisements for bids shall be published in an official newspaper of the

contracting unit sufficiently in advance of the date fixed for receiving the bids

to promote competitive bidding, but in no event less than 10 days prior to such date;

except that all advertisements for bids on contracts for the collection and disposal

of municipal solid waste shall be published in an official newspaper of the contracting

unit circulating in the county or municipality, and in at least one newspaper of general

circulation published in the State, sufficiently in advance of the date fixed for

receiving the bids to promote competitive bidding, but not less than 60 days prior

to that date. For all contracts, the date fixed for receiving the bids shall not fall on a Monday,

or any day directly following a State or federal holiday. b. The advertisement shall designate the manner of submitting and the method of receiving

the bids and the time and place at which the bids will be received. If the published specifications provide for receipt of bids by mail, those bids

which are mailed to the contracting unit shall be sealed and shall only be opened

for examination at such time and place as all bids received are unsealed and announced. At such time and place the contracting agent of the contracting unit shall publicly

receive the bids, and thereupon immediately proceed to unseal them and publicly announce

the contents, which announcement shall be made in the presence of any parties bidding

or their agents, who are then and there present, and shall also make proper record

of the prices and terms, upon the minutes of the governing body, if the award is to

be made by the governing body of the contracting unit, or in a book kept for that

purpose, if the award is to be made by other than the governing body, and in such

latter case it shall be reported to the governing body of the contracting unit for

its action thereon, when such action thereon is required. No bids shall be received after the time designated in the advertisement. c. Notice of revisions or addenda to advertisements or bid documents shall be provided

as follows: 1) For all contracts except those for construction work and municipal solid waste

collection and disposal service, notice shall be published no later than seven days,

Saturdays, Sundays, and holidays excepted, prior to the date for acceptance of bids,

in an official newspaper of the contracting unit and be provided to any person who

has submitted a bid or who has received a bid package, in one of the following ways:

i) in writing by certified mail or ii) by certified facsimile transmission, meaning

that the sender's facsimile machine produces a receipt showing date and time of transmission

and that the transmission was successful or iii) by a delivery service that provides

certification of delivery to the sender. 2) For all contracts for construction work, notice shall be provided no later than

seven days, Saturdays, Sundays, or holidays excepted, prior to the date for acceptance

of bids, to any person who has submitted a bid or who has received a bid package in

any of the following ways: i) in writing by certified mail or ii) by certified facsimile

transmission, meaning that the sender's facsimile machine produces a receipt showing

date and time of transmission and that the transmission was successful or iii) by

a delivery service that provides certification of delivery to the sender. 3) For municipal solid waste collection and disposal contracts, notice shall be published

in an official newspaper of the contracting unit and in at least one newspaper of

general circulation published in the State no later than seven days, Saturdays, Sundays,

and holidays excepted, prior to the date for acceptance of bids. d. Failure of the contracting unit to advertise for the receipt of bids or to provide

proper notification of revisions or addenda to advertisements or bid documents related

to bids as prescribed by this section shall prevent the contracting unit from accepting

the bids and require the readvertisement for bids pursuant to subsection a. of this

section. Failure to obtain a receipt when good faith notice is sent or delivered to the address

or telephone facsimile number on file with the contracting unit shall not be considered

failure by the contracting unit to provide notice.