Title 40A, Title 40A: MUNICIPALITIES AND COUNTIES

40A:11-35. Indemnity agreements; Federal projects for benefit of municipality Any contracting unit may enter into an agreement indemnifying the United States of America, or any board, body, officer or agency thereof, from loss or damage to the property of others resulting from th…

40A:11-36 Sale or other disposition of personal property. 36. Any contracting unit by resolution of its governing body may authorize by sealed bid or public auction the sale of its personal property not needed for public use. (1) If the estimated fair value of the property to be …

40A:11-37 Division of Local Government Services to assist contracting units. 37. The Division of Local Government Services in the Department of Community Affairs is hereby authorized to assist contracting units in all matters affecting the administration of this law. L.1971,c.198…

40A:11-37.1 Rules. 44. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Director of the Division of Local Government Services after consultation with the Commissioner of Education may adopt rules implementing the provisions of the "Local P…

40A:11-38. Statutes repealed The following sections, chapter and acts, together with all amendments and supplements thereto, are hereby repealed: Chapter 25 of Title 40 of the Revised Statutes; Sections 40:9-3; 40:15-1; 40:50-1 to 40:50-5 inclusive and 40:50-7, of the Revised Sta…

40A:11-39. Effective date This act shall take effect July 1, 1971 but any action, purchase, sale, contract or agreement taken, made or entered into prior to this date pursuant to any of the acts, amendments and supplements hereby repealed are hereby validated and confirmed, provi…

40A:11-4 Contracts required to be advertised, disqualification of bidder. 4. a. Every contract awarded by the contracting agent for the provision or performance of any goods or services, the cost of which in the aggregate exceeds the bid threshold, shall be awarded only by resolu…

40A:11-4.1 Purposes for which competitive contracting may be used by local units. 1. Notwithstanding the provisions of any law, rule, or regulation to the contrary, competitive contracting may be used by local contracting units in lieu of public bidding for procurement of special…

40A:11-4.10 Authorization for local units to use electronic purchase of certain commodities. 4. Local units are authorized to use electronic procurement practices for such purposes as may be authorized by the governing body of the local unit, and subject to the provisions of P.L.…

40A:11-4.11 Authorization for local unit, joint purchasing unit, or cooperative pricing system to use electronic purchase of certain commodities. 5. A local unit or joint purchasing unit or cooperative pricing system is also authorized to use electronic procurement practices for …

40A:11-4.12 Rules, regulations. 6. a. The director, in consultation with the State Comptroller and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the provisions of this act. The rules promulgat…

40A:11-4.14 Payment by card payment system or electronic funds transfer system. 1. A construction contract entered into pursuant to the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.), shall allow the contractor to pay any enforcing agency fees imposed pursuant…

40A:11-4.2 Term of contract; exceptions. 2. Unless an exception is provided for under section 15 of P.L.1971, c.198 (C.40A:11-15) permitting a longer contract duration, contracts awarded pursuant to section 5 of P.L.1999, c.440 (C.40A:11-4.5) may be for a term not to exceed five …

40A:11-4.3 Competitive contracting process; resolution, administration. 3. a. In order to initiate competitive contracting, the governing body shall pass a resolution authorizing the use of competitive contracting each time specialized goods or services enumerated in section 1 of…

40A:11-4.4 Request for proposals; documentation; provisions. 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 …

40A:11-4.5 Competitive contracting proposal solicitation. 5. Competitive contracting proposals shall be solicited in the following manner: a. A notice of the availability of request for proposal documentation shall be published in an official newspaper of the contracting unit at …

40A:11-4.6 Implementation of energy savings improvement program by contracting unit; definitions. 6. a. (1) A contracting unit, as defined in P.L.1971, c.198 (C.40A:11-1 et seq.), may implement an energy savings improvement program in the manner provided by this section whenever …

40A:11-4.7 Short title. 1. This act shall be known and may be cited as the "Local Unit Electronic Procurement Act." L.2018, c.156, s.1.

40A:11-4.8 Findings, declarations relative to electronic purchase of certain commodities. 2. The Legislature finds and declares that advances in electronic technology offer opportunities to enhance governmental efficiencies. In order to explore these avenues of improved governmen…

40A:11-4.9 Definitions relative to electronic purchase of certain commodities. 3. As used in P.L.2018, c.156 (C.40A:11-4.7 et al.): "Director" means the Director of the Division of Local Government Services in the Department of Community Affairs; "Electronic procurement" means th…

40A:11-40. Authorization to purchase specific materials at auction; procedure 1. Notwithstanding any provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.), to the contrary, the governing body may by resolution authorize the purchasing agent of the c…

40A:11-41 Definitions. 1. As used in this act: a. "County or municipal contracting agency" shall mean the governing body of a county or municipality or any department, board, commission, committee, authority or agency of a county or municipality but shall not include school distr…

40A:11-42 Set-aside programs authorized. 2. a. The governing body of a county or municipality may, by ordinance or resolution, as appropriate, establish a qualified minority business enterprise set-aside program. In authorizing such a program, the governing body of a county or mu…

40A:11-43 Attainment of goals. 3. a. Any goal established pursuant to section 2 of this act may be attained by requiring that a portion of a contract be subcontracted to a qualified small business enterprise, qualified veteran business enterprise, qualified minority business ente…

40A:11-44. "Local Public Contracts Law" applicable All provisions of the "Local Public Contracts Law," P.L. 1971, c. 198 (C. 40A:11-1 et seq.) and any supplements thereto, shall apply to purchases, contracts and agreements made pursuant to this act unless otherwise superseded by …

40A:11-45 Designation as set-aside. 5. Notwithstanding the provisions of any law to the contrary, a contracting agency of a county or municipality which has established a qualified small business enterprise set-aside program, a qualified veteran business enterprise set-aside prog…

40A:11-46 Set-aside cancellation. 6. a. If the contracting agency determines that two bids from qualified small, qualified veteran, qualified minority or qualified women's businesses cannot be obtained, the contracting agency may withdraw the designation of the set-aside contract…

40A:11-47 False information; penalties. 7. Where the governing body of a county or municipality determines that a business has been classified as a qualified small business enterprise, qualified veteran business enterprise, qualified minority business enterprise or qualified wome…

40A:11-48 Annual agency report. 8. Each contracting agency of a county or municipality which has established a qualified small business enterprise set-aside program, a qualified veteran business enterprise set-aside program, a qualified minority business enterprise set-aside prog…

40A:11-49. Rules, regulations The Director of the Division of Local Government Services in the Department of Community Affairs may adopt rules and regulations pursuant to the provisions of the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.) as he may deem …

40A:11-5 Exceptions. 5. Any contract the amount of which exceeds the bid threshold may be negotiated and awarded by the governing body without public advertising for bids and bidding therefor and shall be awarded by resolution of the governing body if: (1) The subject matter ther…

40A:11-5.1 Authority of city of first class to contract for water supply, wastewater treatment services 2. The Legislature finds and declares it to be in the public interest and to be the public policy of the State to foster and promote by all reasonable means the collection, sto…

40A:11-5.2 Applicability of C.40A:11-1 et seq. to certain contracts by city of first class. 12. Notwithstanding the provisions of P.L.2002, c.47 (C.40A:12-17.1 et al.) to the contrary, any expenditure of funds by a duly incorporated nonprofit association that has entered into a c…

40A:11-50 Process of resolution for construction contract disputes. 1. All construction contract documents entered into in accordance with the provisions of P.L.1971, c.198 (C.40A:11-1 et seq.) after the effective date of P.L.1997, c.371 (C.40A:11-50) shall provide that disputes …

40A:11-52 Definitions relative to public-private projects. 1. a. As used in this section: "Authority" means the New Jersey Economic Development Authority established pursuant to section 4 of P.L.1974, c.80 (C.34:1B-4). "Bundling" means the use of a solicitation for multiple proje…

40A:11-53 Definitions. 26. As used in sections 26 through 33 of P.L.2021, c.71 (C.40A:11-53 through C.40A:11-60): "Acceptance" means the adoption of a law, ordinance, or resolution by the State of New Jersey, any of its political subdivisions, any authority created by the Legisla…

40A:11-54 Entry into design-build contracts permitted. 27. a. If a contracting unit determines in its discretion that the design-build approach meets their needs better than the traditional design-bid-build approach established under New Jersey public procurement statutes for the…

40A:11-55 Procedures for awarding design-build contracts. 28. a. The contracting unit shall adopt the following procedures for awarding design-build contracts: (1) The contracting unit shall either appoint a licensed and prequalified design professional, or designate an employee …

40A:11-56 Evaluation factors contained in proposals. 29. a. Each request for proposals shall contain evaluation factors prepared by a design professional or designated employee as defined in section 26 of P.L.2021, c.71 (C.40A:11-53). The design professional or designated employe…

40A:11-57 Inclusions in solicitations for design-build contracts. 30. a. Solicitations for each design-build contract shall include, but not be limited to, the following: (1) The identity of the contracting unit which shall award the design-build contract; (2) The procedures to b…

40A:11-58 Inclusions on design-build team. 31. a. Each design-build team shall include a licensed or prequalified design professional independent from the contracting unit's licensed architect or engineer. The licensed or prequalified design professional shall be named in any pro…

40A:11-59 Submission of received proposals. 32. a. Once received, proposals shall be submitted to the design professional or designated employee retained by the contracting unit. No proposal shall be considered until certification is issued by the design professional or designate…

40A:11-6 Emergency contracts. 6. Emergency contracts. Any contract may be negotiated or awarded for a contracting unit without public advertising for bids and bidding therefor, notwithstanding that the contract price will exceed the bid threshold, when an emergency affecting the …

40A:11-6.1 Award of contracts. 6. All contracts enumerated in this section shall be awarded as follows: a. For all contracts that in the aggregate are less than the bid threshold but 15 percent or more of that amount, and for those contracts that are for subject matter enumerated…

40A:11-60 Regulations. 33. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to the contrary, the Department of Community Affairs shall adopt, immediately upon filing with the Office of Administrative Law, regulations that…

40A:11-7 Contracts not to be divided. 7. Contracts not to be divided. a. No contract in the aggregate which is single in character or which necessarily or by reason of the quantities required to effectuate the purpose of the contract includes the provision or performance of addit…