Title 40A, Title 40A: MUNICIPALITIES AND COUNTIES

40A:11-12.7 Contracting unit may use electronic procurement processes. 14. Notwithstanding any provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.) to the contrary, a contracting unit may use electronic procurement processes for public works constr…

40A:11-13 Specifications. 13. Specifications. Any specifications for the provision or performance of goods or services under P.L.1971, c.198 (C.40A:11-1 et seq.) shall be drafted in a manner to encourage free, open, and competitive bidding. In particular, no specifications under …

40A:11-13.1 Payment from bequest, legacy or gift; conditions. 20. Goods or services, the payment for which utilizes only funds received by a contracting unit from a bequest, legacy or gift, shall be subject to the provisions of P.L.1971, c.198 (C.40A:11-1 et seq.), except that if…

40A:11-13.2 Rejection of bids; reasons. 21. A contracting unit may reject all bids for any of the following reasons: a. The lowest bid substantially exceeds the cost estimates for the goods or services; b. The lowest bid substantially exceeds the contracting unit's appropriation …

40A:11-13a Contracts, low-volume road, reclaimed asphalt pavement, maximum percentage, total pavement mixtures. 2. a. Notwithstanding any law, rule, or regulation to the contrary, when entering into a contract for a local road project on a low-volume road, which project does not …

40A:11-13b Online parking payment service fees. 3. Any contract entered into by a municipality, or a parking authority, as that term is defined in section 3 of P.L.1948, c.198 (C.40:11A-3), for an online parking payment service shall stipulate that parking fees shall not be charg…

40A:11-13c Required use of unit concrete products that utilize carbon footprint-reducing technology. 7. a. Notwithstanding the provisions of any other law, rule, or regulation to the contrary, a local contracting unit shall, whenever technically feasible, use or require the use o…

40A:11-14 Form of contracts. 14. All contracts for the provision or performance of goods or services shall be in writing. The governing body of any contracting unit may, subject to the requirements of law, prescribe the form and manner in which contracts shall be made and execute…

40A:11-15 Duration of certain contracts. 15. All contracts for the provision or performance of goods or services shall be awarded for a period not to exceed 24 consecutive months, except that contracts for professional services pursuant to subparagraph (i) of paragraph (a) of sub…

40A:11-15.1. Insurance contract to fund actuarial liability 1. Notwithstanding the provisions of subsection (6) of section 15 of P.L.1971, c.198 (C.40A:11-15) to the contrary, a county or a municipality in which a pension fund has been established pursuant to P.L.1943, c.160 (C. …

40A:11-15.2. Contracts for purchase of electricity for new county correction facility 63. In the case of construction of a new county correction facility, in addition to the purchase of thermal energy, contracts for the purchase of electricity shall be permitted pursuant to subse…

40A:11-15.3 Contract for marketing of recyclable materials. 1. a. Notwithstanding the provisions of section 15 of P.L.1971, c.198 (C.40A:11-15) to the contrary, a county government contracting unit may enter into or extend a contract for the marketing of recyclable materials reco…

40A:11-16 Separate plans, specifications; contracts. 16. a. (1) In the preparation of plans and specifications for the construction, alteration or repair of any public building by any contracting unit, when the entire cost of the work will exceed the bid threshold, the architect,…

40A:11-16.1. $100,000 contracts for improvements to real property; retainage, security 1. Whenever any contract, the total price of which exceeds $100,000.00, entered into by a contracting unit, for the construction, reconstruction, alteration or repair of any building, structure…

40A:11-16.2 Partial payments; deposit bonds. 1. Any contract, the total price of which exceeds $100,000.00, entered into by a contracting unit involving the construction, reconstruction, alteration, repair or maintenance of any building, structure, facility or other improvement t…

40A:11-16.3 Withholding of payments. 2. a. With respect to any contract entered into by a contracting unit pursuant to section 1 of P.L.1979, c.464 (C.40A:11-16.2) for which the contractor shall agree to the withholding of payments pursuant to P.L.1979, c.152 (C.40A:11-16.1), 2% …

40A:11-16.4 Partial payments for materials. 3. Any contract entered into by a contracting unit pursuant to section 1 of P.L.1979, c.464 (C.40A:11-16.2) may also provide for partial payments at least once in each month with respect to all materials placed along or upon the site, o…

40A:11-16.5. Renegotiation of contract to reflect increase in solid waste disposal costs Any person entering into a contract with a contracting unit pursuant to the provisions of P.L.1971, c.198 (C.40A:11-1 et seq.), which contract requires the contractor to provide for the dispo…

40A:11-16.6 Definitions relative to value engineering change orders; requirement for certain contracts. 1. a. For the purpose of this act: "Construction" means the construction, reconstruction, demolition, erection, alteration, or repair of a structure or other improvement to rea…

40A:11-16.7 Changed conditions clauses for certain local public contracts. 1. All construction contracts issued by a contracting unit for bids which were advertised on or after the effective date of P.L.2017, c.317 (C.40A:11-16.7 et seq.) shall include the changed conditions cont…

40A:11-16.8 Rules, regulations. 2. The Commissioner of Community Affairs, not later than 90 days immediately following the effective date of P.L.2017, c.317 (C.40A:11-16.7 et seq.), shall promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c…

40A:11-17. Number of working days specified All specifications for the doing of any public work for a contracting unit shall fix the date before which the work shall be completed, or the number of working days to be allowed for its completion; and every such contract shall contai…

40A:11-18. American goods and products to be used where possible Each local unit shall provide, in the specifications for all contracts for county or municipal work or for work for which it will pay any part of the cost, or work which by contract or ordinance it will ultimately o…

40A:11-19. Liquidated damages; void provisions as to contractor's remedies 19. Any contract made pursuant to P.L.1971, c.198 (C.40A:11-1 et seq.) may include liquidated damages for the violation of any of the terms and conditions thereof or the failure to perform said contract in…

40A:11-19.1 Payment of interest by contracting unit; definitions. 2. A contracting unit, as defined in section 2 of P.L.1971, c.198 (C.40A:11-2), shall pay interest on the amount due a business concern pursuant to a properly executed invoice, when required, if the required paymen…

40A:11-2 Definitions. 2. As used herein the following words have the following definitions, unless the context otherwise indicates: (1) "Contracting unit" means: (a) Any county; (b) Any municipality; or (c) Any board, commission, committee, authority, or agency, which is not a St…

40A:11-2.1 Civil action brought on behalf of local contracting unit. 7. a. A local contracting unit as defined in and subject to the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.), shall implement and comply with the provisions of P.L.2012, c…

40A:11-2.2 Local contracting unit, compliance; report of false certification. 2. a. A local contracting unit as defined in and subject to the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.), shall implement and comply with the provisions of P.…

40A:11-20. Certificate of bidder showing ability to perform contract There may be required from any bidder submitting a bid on public work to any contracting unit, duly advertised for in accordance with law, a certificate showing that he owns, leases, or controls all the necessar…

40A:11-21 Guarantee to be furnished with bid. 21. A person bidding on a contract for the erection, alteration or repair of a public building, structure, facility or other improvement to real property, the total price of which exceeds $100,000, shall furnish a guarantee as provide…

40A:11-22 Surety company certificate. 22. a. A person bidding on a contract for the erection, alteration or repair of a building, structure, facility or other improvement to real property, the total price of which exceeds $100,000, shall furnish a certificate from a surety compan…

40A:11-23 Advertisements for bids; bids; general requirements. 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 l…

40A:11-23.1 Plans, specifications, bid proposal documents; required contents. 1. 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…

40A:11-23.1a Approval of change order under certain circumstances. 2. In the case of a project 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…

40A:11-23.2 Mandatory items for bid plans, specifications. 2. When required by the bid plans and specifications, the following requirements shall be considered mandatory items to be submitted at the time specified by the contracting unit for the receipt of the bids; the failure t…

40A:11-23.3 Withdrawal of public works bid. 3. a. In the case of a bidding process for a public works contract, a bidder may request withdrawal of a bid, due to a mistake on the part of the bidder, within five business days after a bid opening. As used in this section, "mistake" …

40A:11-23.4 "Bulletin NJ." 1. a. The Division of Local Government Services in the Department of Community Affairs, in consultation with the Office of Information Technology, shall design, develop, and maintain a single, searchable Internet database, to be known as "Bulletin NJ," …

40A:11-23.5 Rules, regulations. 2. The Division of Local Government Services in the Department of Community Affairs shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to effectuate the purposes of this act. L.2…

40A:11-24. Time for making awards; deposits returned 24. a. The contracting unit shall award the contract or reject all bids within such time as may be specified in the invitation to bid, but in no case more than 60 days, except that the bids of any bidders who consent thereto ma…

40A:11-25 General power to provide qualification for bidders. 25. The governing body of any contracting unit may establish reasonable regulations appropriate for controlling the qualifications of prospective bidders upon contracts to be awarded on behalf of the contracting unit, …

40A:11-26 Standard questionnaire; effect of unsatisfactory answers. 26. The governing body of any contracting unit may adopt a standard form of statement or questionnaire for bidders and may require from any person proposing to bid upon any such contract a statement or answers sh…

40A:11-27 Standard statements and questionnaires; prospective bidders; responses. 27. Such statements and questionnaires shall be standardized for like classes of goods or services to be submitted to prospective bidders who may be required to respond to questions under oath. The …

40A:11-28 Classification of prospective bidders; notice. 28. Prospective bidders shall be classified as to the character and amount of goods or services contracts as to which they shall be qualified to submit bids, and bids shall be accepted only from persons so qualified. The cl…

40A:11-29 Reclassification of prospective bidders; request for; time limit. 29. If any person, after being notified of a classification, shall be dissatisfied therewith or with the classification of other bidders, that person may request in writing a hearing before such governing…

40A:11-3 Bid threshold; period of contracts. 3. a. (1) When the cost or price of a contract, in the aggregate, does not exceed in a contract year the total sum of $17,500, the governing body, by ordinance or resolution, as appropriate to the contracting unit, may authorize a purc…

40A:11-30. Board of review upon classification; membership, et cetera There is hereby established a board of review upon classification and reclassification of prospective bidders. This board shall consist of one member of the governing body of the contracting unit concerned and …