New Jersey § 40a:11-4

§ 40a:11-4.

The competitive contracting process shall utilize request for proposals documentation

in accordance with the following provisions: a. The purchasing agent or counsel or administrator shall prepare or have prepared

a request for proposal documentation, which shall include: all requirements deemed

appropriate and necessary to allow for full and free competition between vendors , but no financial statement shall be required of vendors if either a guarantee, by

certified check, cashier's check or bid bond, or a surety company certificate is also

required to be furnished by the bidder, unless any law or regulation of the United

States imposes a condition upon the awarding of a monetary grant to be used for the

purchase, contract or agreement, which condition requires that a financial statement

be submitted ; information necessary for potential vendors to submit a proposal; and a methodology

by which the contracting unit will evaluate and rank proposals received from vendors. b. The methodology for the awarding of competitive contracts shall be based on an

evaluation and ranking, which shall include technical, management, and cost related

criteria, and may include a weighting of criteria, all developed in a way that is

intended to meet the specific needs of the contracting unit, and where such criteria

shall not unfairly or illegally discriminate against or exclude otherwise capable

vendors. When an evaluation methodology uses a weighting of criteria, at the option of the

contracting unit the weighting to be accorded to each criterion may be disclosed to

vendors prior to receipt of the proposals. The methodology for awarding competitive contracts shall comply with such rules

and regulations as the director may adopt, after consultation with the Commissioner

of Education, pursuant to the “Administrative Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ). c. At no time during the proposal solicitation process shall the purchasing agent

or counsel or administrator convey information, including price, to any potential

vendor which could confer an unfair advantage upon that vendor over any other potential

vendor. If a purchasing agent or counsel or administrator desires to change proposal documentation,

the purchasing agent or counsel or administrator shall notify only those potential

vendors who received the proposal documentation of any and all changes in writing

and all existing documentation shall be changed appropriately. d. All proposals and contracts shall be subject to the provisions of section 1 of

P.L.1977, c. 33 ( C.52:25-24.2 ) requiring submission of a statement of corporate ownership and the provisions of

P.L.1975, c. 127 ( C.10:5-31 et seq. ) concerning equal employment opportunity and affirmative action.