Title 18A, Title 18A: EDUCATION

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 …

18A:64-76.6 Entry into design-build contracts permitted. 11. 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 t…

18A:64-76.7 Procedures for awarding design-build contracts. 12. 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 employe…

18A:64-76.8 Evaluation factors included in request for proposals. 13. a. Each request for proposals shall contain evaluation factors prepared by a design professional or designated employee as defined in section 10 of P.L.2021, c.71 (C.18A:64-76.5). The design professional or des…

18A:64-76.9 Inclusions in solicitations for design-build contract. 14. 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 …

18A:64-77 Deduction for costs of completion. 26. All specifications for the doing of any construction work for a State college 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 contract shall con…

18A:64-78 Sale of surplus personal property. 27. Any college may, by resolution of its board of trustees, authorize the sale in the following manner of its personal property not needed for college purposes: a. If the estimated fair value of the property to be sold exceeds $100,00…

18A:64-79 Multi-year contracts. 28. A State college may only enter into a contract exceeding 36 consecutive months for the: a. Supplying of fuel and oil for heating and other purposes and utilities for any term not exceeding in the aggregate five years; or b. Plowing and removal …

18A:64-8. President; powers and duties The president of a state college shall be responsible to its board of trustees and shall have such powers as shall be requisite, for the executive management and conduct of the college in all departments, branches and divisions, and for the …

18A:64-81. Immunity 30. No action for damages shall lie against the Board of Higher Education, the Commission on Higher Education, the Presidents' Council, any State official, any State college or its board of trustees or any of its officers because of any action taken by virtue …

18A:64-82 Indemnification agreement. 31. Any State college may enter into an agreement indemnifying the New Jersey Educational Facilities Authority or the United States of America, or any board, body, officer or agency thereof, from any liability for loss or damage to the person …

18A:64-83. Validation Any action, purchase, sale, contract or agreement taken, made or entered into prior to the effective date of this article is validated and confirmed; provided that in no event shall multi-year leases or contracts entered into prior to the effective date of t…

18A:64-84. Consultation with employee representatives Prior to the conclusion of any contract or subcontract for the performance of work substantially similar to that performed by negotiations unit employees, a State college shall allow for reasonable consultation with the approp…

18A:64-85 State, county college may enter into certain contracts with a private entity. 43. a. (1) A State college or county college may enter into a contract with a private entity, subject to subsection f. of this section, to be referred to as a public-private partnership agreem…

18A:64-85.1 State college, compliance; report of false certification. 4. a. A State college as defined in and subject to the provisions of the "State College Contracts Law," P.L.1986, c.43 (C.18A:64-52 et seq.), shall implement and comply with the provisions of P.L.2022, c.3 (C.5…

18A:64-86 Definitions, State college risk management groups, joint liability funds. 1. As used in P.L.2010, c.99 (C.18A:64-86 set seq.): "Board of trustees" or "trustees" means the board of trustees established pursuant to the bylaws of the public college risk management group to…

18A:64-87 State college authorized, insure, contract, provide, certain insurable interests. 2. A four-year public institution of higher education is authorized to insure, contract or provide for any insurable interest of the institution in the manner authorized by section 3 of P.…

18A:64-88 State college risk management group, formation, membership. 3. a. Any two or more four-year public institutions of higher education may form and become members of a public college risk management group. A four-year public institution of higher education may take this ac…

18A:64-89 State college risk management group, bylaws. 4. a. The bylaws of a public college risk management group shall: (1) set forth a statement of purposes of the group; (2) set forth provisions for organization of the group, including governance by a board of trustees; (3) pr…

18A:64-9. Existing state colleges continued The existing six state colleges presently maintained by the state of New Jersey and heretofore under the care, custody, control and administration of the commissioner and the state board shall hereafter be operated by their respective b…

18A:64-90 State college risk management group, board of trustees. 5. a. The board of trustees of a public college risk management group shall have not less than three or more than 15 trustees. A trustee shall be a natural person 18 years of age or older who is a resident of this …

18A:64-91 Bylaws required, functioning; annual report. 6. a. A public college risk management group, or any joint liability fund of the group, shall not begin functioning as a means of providing coverage or protection for or among its members until the group's bylaws have been fi…