Title 18A, Title 18A: EDUCATION

18A:64-45 New Jersey Association of State Colleges and Universities. 1. There is established a body corporate and politic, with corporate succession, to be known as the New Jersey Association of State Colleges and Universities. Kean University, Ramapo College of New Jersey, Stock…

18A:64-46 Membership of association. 2. The association shall consist of six voting members to be appointed as follows: one member from each member institution's boards of trustees, appointed by the members thereof. In addition the presidents of the member institutions shall serv…

18A:64-47. Officers; rules The association shall select such officers and make such rules as may be necessary for the transaction of business. L. 1985, c. 161, s. 3, eff. July 1, 1985.

18A:64-48 Powers, responsibilities of association. 4. The association shall have perpetual succession and shall have the following powers and responsibilities: a. To make, amend and repeal rules, regulations and bylaws for its own governance and guidance, not inconsistent with th…

18A:64-49 Executive director; duties, compensation. 5. The association shall employ an executive director, who shall be responsible for the administration of all the activities of the association including staff services. The executive director shall serve at the pleasure of the …

18A:64-5. Expenses; no compensation Members of each such board shall serve without compensation but shall be entitled to be reimbursed for all reasonable and necessary expenses. L.1967, c.271.

18A:64-50 Purposes of association. 6. The association shall encourage and aid all movements for the improvement of education at the member institutions and shall make recommendations to the Governor, Legislature, Commission on Higher Education and Presidents' Council regarding th…

18A:64-51 Dues from member institutions. 7. For purposes of defraying the expenses of the association, the member institutions shall pay the necessary expenses incurred by the members and shall appropriate annually such sums for dues as may be assessed by the association. The ass…

18A:64-52. Short title This article shall be known and may be cited as the "State College Contracts Law." L. 1986, c. 43, s. 1, eff. July 9, 1986.

18A:64-53 Definitions. 2. As used in this article, unless the context otherwise indicates: a. "Board of trustees" means the board of a State college; b. "Contracting agent" means the business officer of the State college having the power to prepare advertisements, to advertise fo…

18A:64-54 Bid threshold. 3. a. (1) Any purchase, contract or agreement for the performance of any work or the furnishing or hiring of materials or supplies, through which workers employed in the performance of the contract are paid in accordance to the "New Jersey Prevailing Wage…

18A:64-55 Public bidding required. 4. a. Every contract or agreement for the performance of any work or the furnishing or hiring of any materials or supplies, through which the workers employed in the performance of the contract are paid in accordance to the "New Jersey Prevailin…

18A:64-56 Exceptions. 5. Any purchase, contract or agreement of the character described in section 4 of P.L.1986, c.43 (C.18A:64-55) may be made, negotiated or awarded by the State college by resolution at a public meeting of its board of trustees without public advertising for b…

18A:64-57 Emergency procedures. 6. Any purchase, contract, or agreement may be made, negotiated or awarded by a State college without public advertising for bids and bidding therefor, notwithstanding that the cost or contract price will exceed the appropriate threshold amount, as…

18A:64-58. Contract subdivision prohibited 7. No purchase, contract or agreement which is single in character or which necessarily or by reason of the quantities required to effectuate the purpose of the purchase, contract or agreement includes the furnishing of additional servic…

18A:64-59. Annual solicitation Except as provided in this article, every State college shall, on an annual basis or at such lesser intervals as may be fixed by it, solicit by public advertisement the submission of bids for the furnishing of all work, materials and supplies which …

18A:64-6 Powers, duties of boards. 18A:64-6. The board of trustees of a State college shall have general supervision over and shall be vested with the conduct of the college. It shall have the power and duty to: a. Adopt and use a corporate seal; b. Determine the educational curr…

18A:64-6.1. Contracts; warranty; violation Every contract or agreement negotiated, awarded or made pursuant to this act shall contain a suitable warranty by the contractor that no person or selling agency has been employed or retained to solicit or secure such contract upon an ag…

18A:64-6.2. Payments in violation of act; misdemeanor Any person willfully authorizing, consenting to, making or procuring to be made payment of State College funds for or on account of any purchase, contract or agreement known to him to have been made or entered into in violatio…

18A:64-6.3. Payment or gift by person dealing with State college prohibited; misdemeanor The payment of any fee, commission or compensation of any kind or the granting of any gift or gratuity of any kind, either directly or indirectly, whether or not in connection with any purcha…

18A:64-60 State college purchases through State agency; procedure. 9. a. Any State college, without advertising for bids, or after having rejected all bids obtained pursuant to advertising therefor, may purchase any materials, supplies, goods, services or equipment pursuant to a …

18A:64-60.1 State colleges may use electronic procurement processes. 11. Notwithstanding any provisions of the "State College Contracts Law," P.L.1986, c.43 (C.18A:64-52 et seq.) to the contrary, a State college shall use electronic procurement processes for public works construc…

18A:64-61 Joint action authorized. 10. The board of trustees of two or more State colleges may provide jointly by agreement for the purchasing of work, materials, or supplies for their respective colleges, and also may enter into a joint purchasing agreement with other units of S…

18A:64-62. Contents of agreements a. Joint agreements shall set forth the categories of work, materials or supplies to be purchased, the manner of advertising for bids and of awarding of contracts, the method of payment by each participating State college or other governmental un…

18A:64-63. Subject to laws 12. Joint purchases and all agreements pertaining thereto shall be subject to all provisions of law. L.1986,c.43,s.12; amended 1994,c.48,s.114.

18A:64-63.1 State college, university authorized to participate in cooperative pricing system. 1. a. A State college or university is authorized to be a participating contracting unit in a cooperative pricing system established pursuant to the laws of this State. b. A State colle…

18A:64-64. Specification All specifications for any purchase, contract or agreement governed by this article shall be drafted in a manner to encourage free, open and competitive bidding. In particular, no specifications under this article may: a. Require a standard, restriction, …

18A:64-65 Advertisement for bids; notice of revisions. 14. a. All advertisements for bids shall be published in a legal newspaper 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 that date f…

18A:64-66. Conformance to specifications No bid shall be accepted which does not conform to the specifications furnished therefor. Nothing contained in this article shall be construed as depriving any State college of the right to reject all bids. L. 1986, c. 43, s. 15, eff. July…

18A:64-67 Guaranty. 16. There may be required from any person bidding on any purchase, contract or agreement, advertised in accordance with law, that the bid be accompanied by a guaranty payable to the State college that, if the purchase, contract or agreement is awarded to him, …

18A:64-68 Provision of surety company bond, other security. 17. a. In addition to or independently of the guaranty which may be required pursuant to this article, the State college may require that the successful bidder provide a surety company bond or other security acceptable t…

18A:64-69 Time limit, return of bid guaranty. 18. The State college shall award the contract or reject all bids within such time as may be specified in the specifications or other documents issued to all bidders, but in no case more than 60 days, except the bids of any bidders wh…

18A:64-7. Additional powers and duties 18A:64-7. The board of trustees of a State college, in addition to the other powers and duties provided herein, shall have and exercise the powers, rights and privileges that are incident to the proper government, conduct and management of t…

18A:64-70 Awards to responsible bidder whose bid is most advantageous. 19. All contracts or agreements for the purchase of goods and services, as distinct from contracts or agreements for the construction of buildings and other improvements, which require public advertisement for…

18A:64-70.1 Disqualification of bidder, criteria. 10. a. A board of trustees of a State college may, by resolution approved by a majority of the board and subject to subsections b. and c. of this section, disqualify a bidder who would otherwise be determined to be the lowest resp…

18A:64-73. Liquidated damages Any purchase, contract or agreement made pursuant to this article may include liquidated damages for the violation of any of the terms and conditions thereof or the failure to perform the contract or agreement in accordance with its terms, conditions…

18A:64-74. Building construction Purchases, contracts or agreements for the construction of buildings and other improvements shall be subject to all the terms and conditions of this article and to the terms and conditions of this subdivision H. L. 1986, c. 43, s. 23, eff. July 9,…

18A:64-75. Plans, specifications 24. All plans and specifications for the erection, alteration, improvement or repair of college buildings shall be drawn by or under the supervision of an appropriate officer employed by the college to whom these powers shall have been delegated b…

18A:64-76.1 Advertisements by contracting agent for bids; award of contracts. 2. a. Whenever the entire cost for the construction, alteration or repair of any building by a State college will exceed the amount determined pursuant to subsection b. of section 3 of P.L.1986, c.43 (C…

18A:64-76.10 Inclusions in design-build team. 15. 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 …

18A:64-76.11 Submission of received proposals. 16. 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 design…

18A:64-76.12 Regulations. 17. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to the contrary, the Secretary of Higher Education shall adopt, immediately upon filing with the Office of Administrative Law, regulations tha…

18A:64-76.2 Methods of withholding of payment. 1. Whenever any contract, the total price of which exceeds $100,000, entered into by a State college, for the construction, reconstruction, alteration or repair of any building, structure, facility or other improvement to real proper…

18A:64-76.3 Provision for partial payments. 2. Any contract, the total price of which exceeds $100,000, entered into by a State college involving the construction, reconstruction, alteration, repair or maintenance of any building, structure, facility or other improvement to real …

18A:64-76.4 Withholding by State college pending completion of contract. 3. a. With respect to any contract entered into by a State college pursuant to section 2 of P.L.2013, c.147 (C.18A:64-76.3) for which the contractor shall agree to the withholding of payments pursuant to sec…

18A:64-76.5 Definitions. 10. As used in sections 10 through 17 of P.L.2021, c.71 (C.18A:64-76.5 through C.18A:64-76.12): "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 …