New Jersey § 52:18a-243

§ 52:18a-243.

a. In undertaking any school facilities projects where the cost of construction, reconstruction,

rehabilitation or improvement will exceed $25,000, the development authority may prepare,

or cause to be prepared, separate plans and specifications for: (1) the plumbing

and gas fitting and all work and materials kindred thereto, (2) the steam and hot

water heating and ventilating apparatus, steam power plants and all work and materials

kindred thereto, (3) the electrical work, (4) structural steel and miscellaneous iron

work and materials, and (5) all general construction, which shall include all other

work and materials required to complete the building. Commencing in the fifth year after the year in which P.L.2007, c. 137 ( C.52:18A-235 et al.) takes effect, and every five years thereafter, the Governor, in consultation

with the Department of the Treasury, shall adjust the amount set forth in this subsection

or the amount resulting from any adjustment under this subsection in direct proportion

to the rise or fall of the index rate as defined in this subsection, and shall round

the adjustment to the nearest $1,000. The Governor shall, no later than June 1 of every fifth year, notify the development

authority of the adjustment. The adjustment shall become effective on July 1 of the year in which it is made. For the purposes of this subsection, “ index rate ” means the rate of annual percentage increase, rounded to the nearest half-percent,

in the Implicit Price Deflator for State and Local Government Purchases of Goods and

Services, computed and published quarterly by the United States Department of Commerce,

Bureau of Economic Analysis. b. The development authority shall advertise and receive (1) separate bids for each

of the branches of work specified in subsection a. of this section; or (2) bids for

all the work and materials required to complete the school facilities project to be

included in a single overall contract, in which case there shall be set forth in the

bid the name or names of all subcontractors to whom the bidder will subcontract for

the furnishing of any of the work and materials specified in branches (1) through

(4) in subsection a. of this section; or (3) both. c. Contracts shall be awarded as follows: (1) if bids are received in accordance

with paragraph (1) of subsection b. of this section, the development authority shall

determine the responsible bidder for each branch whose bid, conforming to the invitation

for bids, will be most advantageous to the development authority, price and other

factors considered; (2) if bids are received in accordance with paragraph (2) of

subsection b. of this section, the development authority shall determine the responsible

bidder for the single overall contract whose bid, conforming to the invitation for

bids, will be the most advantageous to the development authority, price and other

factors considered; or (3) if bids are received in accordance with paragraph (3)

of subsection b. of this section, the development authority shall award separate contracts

for each branch of work specified in subsection a. of this section if the sum total

of the amounts bid by the responsible bidders for each branch, as determined pursuant

to paragraph (1) of this subsection, is less than the amount bid by the responsible

bidder for all of the work and materials, as determined pursuant to paragraph (2)

of this subsection; but if the sum total of the amounts bid by the responsible bidder

for each branch, as determined pursuant to paragraph (1) of this subsection is not

less than the amount bid by the responsible bidder for all of the work and materials,

as determined pursuant to paragraph (2) of this subsection, the development authority

shall award a single over-all contract to the responsible bidder for all of the work

and materials as determined pursuant to paragraph (2) of this subsection. d. For the purposes of this section, “ other factors ” means the evaluation by the development authority of the ability of the single contractor

or the abilities of the multiple contractors to complete the contract in accordance

with its requirements and includes requirements relating to the experience and qualifications

of the contractor or contractors and their key personnel in projects of similar type

and complexity; the performance of the contractor or contractors on prior contracts

with the development authority, the State, or districts; the experience and capability

of the contractor or contractors and their key personnel in respect to any special

technologies, techniques or expertise that the project may require; the contractor's

understanding of the means and methods needed to complete the project on time and

within budget; the timetable to complete the project; the contractor's plan for

quality assurance and control; the contractor's demonstrated experience in regard

to affirmative action; and other similar types of factors. The “other factors” to be considered in evaluating bids and the weights assigned

to price and these “other factors” shall be determined by the development authority

prior to the advertisement for bids for school facilities projects. In its evaluation of bids, the consideration given to price by the development

authority shall be at least equal to the consideration given to the combination of

all “other factors.” e. The development authority shall require from all contractors to which it awards

contracts pursuant to P.L.2000, c. 72 ( C.18A:7G-1 et al.) and P.L.2007, c. 137 ( C.52:18A-235 et al.), the delivery of a payment and performance bond issued in accordance with N.J.S.2A:44-143 et seq. f. The development authority shall adopt regulations to implement this section which

shall include, but not be limited to, the procedural requirements for: (1) the evaluation

and weighting of price and “other factors” in the awarding of contracts; and (2)

the appealing of a prequalification classification and rating, a bid rejection, and

a contract award recommendation. The rules and regulations promulgated by the New Jersey Schools Construction Corporation

pursuant to the provisions of P.L.2000, c. 72 ( C.18A:7G-1 et al.) shall remain in full force and effect unless subsequently revised by the

development authority following the enactment of P.L.2007, c. 137 ( C.52:18A-235 et al.). g. Each evaluation committee selected by the development authority to review and evaluate

bids shall, at a minimum, contain a representative from the district in which the

school facilities project is located if the district elects to participate. h. All advertisements for bids shall be published in a legal newspaper and be posted

on the development authority's website 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. Notice of revisions or addenda to advertisements or bid documents relating to bids

shall be advertised on the development authority's website to best give notice to

bidders no later than seven days, Saturdays, Sundays and holidays excepted, prior

to the bid due date. The notice shall be provided to any person who has submitted a bid, in one of the

following ways: (a) in writing by certified mail or (b) 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 (c) by a delivery service

that provides certification of delivery to the sender. Failure to advertise or provide proper notification of revisions or addenda to advertisements

or bid documents related to bids as prescribed by this section shall prevent the acceptance

of bids and require the readvertisement for bids. Failure to obtain a receipt when good faith notice is sent or delivered to the address

or telephone facsimile number on file with the development authority shall not be

considered failure by the development authority to provide notice. i. Any purchase, contract, or agreement may be made, negotiated, or awarded by the

development authority without public bid or advertising when the public exigency so

requires. j. Any purchase, contract, or agreement may be made, negotiated, or awarded by the

development authority without public bid or advertising when the authority has advertised

for bids on two occasions and has received no bids on both occasions in response to

its advertisements. Any purchase, contract, or agreement may be negotiated by the development authority

after public bid or advertising when the authority receives only a single responsive

bid, provided however that negotiation with that single responsive bidder shall be

limited to price.