Title 52, STATE GOVERNMENT, DEPARTMENTS AND OFFICERS

52:34-15. Warranty by contractor of no solicitation on commission or contingent fee basis 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 retaine…

52:34-16. Deputy Director of Division of Purchase and Property The Director of the Division of Purchase and Property may, with the approval of the State Treasurer, designate a deputy to act during the absence of the director and to exercise the powers and duties of the director u…

52:34-17. Contracts for printing of legal briefs, records and appendices Contracts or agreements for the printing of legal briefs, records and appendices to be used in any proceeding in which the State may be interested may be negotiated, awarded or made without advertising by th…

52:34-18 Violations; crime. 13. Any person knowingly authorizing, consenting to, making or procuring to be made any purchase, contract or agreement in violation of any of the provisions of P.L.1954, c.48 (C.52:34-6 et seq.) or knowingly making or procuring to be made payment of S…

52:34-19. Payment of compensation or gratuity to State employee prohibited 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 purchase, sale or co…

52:34-20. Repeal Sections 52:34-1, 52:34-2, 52:34-3, 52:34-4, and 52:34-5 of the Revised Statutes are repealed. L.1954, c. 48, s. 15.

52:34-21. Legislative findings The Legislature finds that the industrial economy of the State requires a shift from a use and discard approach to a closed cycle of use and salvage of solid waste. L.1971, c. 257, s. 1.

52:34-22. Survey of items required by state which are manufactured out of recycled materials; report The Division of Purchase and Property shall conduct a survey of those items customarily required by the State which are being manufactured in whole or in part out of recycled mate…

52:34-23. Preference in purchase by state of items which are made from recycled materials In purchasing items which are made both with and without the use of any recycled materials, the Division of Purchase and Property, whenever the price is reasonably competitive and the qualit…

52:34-24. Advertisements for bids; statement of preference for recycled materials In advertising for bids for items which are made both with and without the use of any recycled materials, the division shall state its preference for items made in whole or in part with the use of r…

52:34-25 Implementation of energy savings improvement program by State contracting agency; definitions. 9. a. (1) A State contracting agency, as defined in this section, may implement an energy savings improvement program in the manner provided by this section whenever it determi…

52:34-25.1 State contracting agency, competitive selection process. 6. a. Notwithstanding the provisions to the contrary of R.S.52:32-2 or any other law, or any rule or regulation adopted pursuant thereto, where a State contracting agency implements an energy savings improvement …

52:34-26 Definitions relative to State partnerships with private entities. 3. 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). "Building project" means the construction, re…

52:34-27 Definitions. 91. a. As used in this section: "Personal protective equipment" means coveralls, face shields, gloves, gowns, masks, respirators, and other equipment designed to protect the wearer from the spread of infection or illness. "State agency" means any principal d…

52:34-6. Purchases or contracts payable out of state funds; public advertisements for bids All purchases, contracts or agreements, the cost or contract price whereof is to be paid with or out of State funds shall, except as otherwise provided in this act, be made or awarded only …

52:34-6.1 Purchase of goods, services from Federal Supply Schedules for State agencies, federal procurement programs. 1. Notwithstanding the provisions of P.L.1954, c.48 (C.52:34-6 et seq.) to the contrary, the Director of the Division of Purchase and Property in the Department o…

52:34-6.2 Cooperative purchasing agreements with other states for purchases of goods, services; rules, regulations. 7. a. Notwithstanding the provisions of any other law to the contrary except the provisions of R.S.30:4-95, and as an alternative to the procedures concerning the a…

52:34-6.2a Indefinite delivery, indefinite quantity contracts without final plans, specifications for individual projects. 3. a. Notwithstanding any provision of law to the contrary, a contracting unit may award indefinite delivery, indefinite quantity contracts with a set term f…

52:34-6.3 Purchase of goods, services by certain State authorities from Federal Supply Schedules. 2. Notwithstanding the provisions of any other law to the contrary, the State authorities authorized to contract independently under various provisions of State law may also use, wit…

52:34-6.4 State required to purchase "Energy Star" products; exceptions. 1. Notwithstanding the provisions of any other law to the contrary, and unless the head of the department, or other public officer charged with the duty by law, shall determine it to be inconsistent with the…

52:34-6.5 Replacement of incandescent light bulbs with compact fluorescent light bulbs in State-owned buildings. 1. a. Within three years after the date of enactment of this act, notwithstanding the provisions of any other law to the contrary, the Director of the Division of Purc…

52:34-6.6 Findings, declarations relative to biofuels. 1. The Legislature finds and declares that: a. New Jersey is one of the leading states in the nation in the advancement of alternative energy technologies. b. Attaining independence from our traditional reliance on petroleum-…

52:34-6.7 Definitions relative to biofuels. 2. As used in this act: "Biofuel" means liquid or gaseous fuels produced from organic sources such as sustainably grown and harvested crops including native noninvasive energy crops, agricultural residues and non-recycled organic waste …

52:34-6.8 State agencies to consider use of biofuels. 3. a. Notwithstanding the provisions of any law, rule, regulation or order to the contrary, State entities shall consider the use of biofuels to replace the use of petroleum-based fossil fuels in order to meet the State's goal…

52:34-6.9 State agency contracts, consideration of items powered by fuel cells. 1. A State agency that seeks to purchase any item requiring the use of a power source, including but not limited to motor vehicles, material and cargo-handling equipment such as forklifts, harbor craf…

52:34-7 State bid advertising thresholds. 2. a. Any such purchase, contract or agreement may be made, negotiated, or awarded by the Director of the Division of Purchase and Property or the Director of the Division of Building and Construction, as the case may be, without advertis…

52:34-7.1. Adjustment by Governor The Governor shall adjust the threshold amounts set forth in subsection a. of section 2 of P.L. 1954, c. 48 (C. 52:34-7) immediately pursuant to subsection b. of that section, and thereafter pursuant to subsection b. This immediate adjustment sha…

52:34-8. Advertisement unnecessary where amounts exceed those in s. 52:34-7 Any such purchase, contract or agreement where the cost or contract price exceeds the amounts specified in section 2 of this act may, with the written approval of the State Treasurer, be made, negotiated …

52:34-9. Subject matter making advertising unnecessary under s. 52:34-8 Any such purchase, contract or agreement may be made, negotiated or awarded pursuant to section 3 of this act when the subject matter thereof consists of (a) services to be performed by the contractor persona…

52:34-9.1 Policy on certain State contracts for professional services. 1. It is the policy of this State that State contracts for architectural, engineering and land surveying services shall be publicly announced prior to being awarded and that contracts for these services shall …

52:34-9.2 Definitions relative to contracting for certain professional services by State agencies. 2. As used in this act: "Agency" means any of the principal departments in the Executive Branch of State Government, and any division, board, bureau, office, commission or other ins…

52:34-9.3 Filing of current statement of qualifications, supporting data with agency; fee. 3. A professional firm which wishes to be considered qualified to provide professional architectural, engineering, or land surveying services to an agency seeking to negotiate a contract or…

52:34-9.4 Public advertisement for proposals required. 4. Notwithstanding the provisions of sections 2 through 4 of P.L.1954, c.48 (C.52:34-7 through 52:34-9), a contract or agreement with an agency for the procurement of professional architectural, engineering, or land surveying…

52:34-9.5 Filing of current statement of qualifications, supporting data necessary for awarding of contract, agreement. 5. a. In the procurement of architectural, engineering and land surveying services, no agency shall make, negotiate, or award a contract or agreement for the pe…

52:34-9.6 Submission of fee proposal. 6. Once the top three or more ranked firms have been identified, each firm, at the request of the agency, shall submit a fee proposal. The firms shall not be told of their ranking position at that time. Using the three fee proposals to provid…

52:34-9.7 Applicability of act restricted to contracts for services in excess of $25,000; use of other procurement processes. 7. Notwithstanding the provisions of section 2 of P.L.1954, c.48 (C.52:34-7) to the contrary, the provisions of this act shall only apply to contracts for…

52:34A-1 Short title. 1. Sections 1 through 8 of P.L.2020, c.59 (C.52:34A-1 through C.52:34A-8) shall be known and may be cited as the "Electronic Construction Procurement Act." L.2020, c.59, s.1.

52:34A-2 Findings, declarations relative to use of electronic technology. 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 government efficiency, it…

52:34A-3 Definitions relative to use of electronic technology. 3. As used in P.L.2020, c.59 (C.52:34A-1 et al.): "Electronic construction procurement" means, for the purposes of public works construction projects, the use of computer technology and the Internet for the advertisin…

52:34A-4 Local contracting unit may use electronic construction procurement process. 4. A local contracting unit, as defined in section 3 of P.L.2020, c.59 (C.52:34A-3), may use an electronic construction procurement process for public works construction contracts. The electronic…

52:34A-5 State contracting unit to use electronic construction procurement process. 5. a. A State contracting unit, as defined in section 3 of P.L.2020, c.59 (C.52:34A-3), shall use an electronic construction procurement process for public works construction contracts whenever th…

52:34A-6 Required bidding components. 6. a. The regulations promulgated by the State Treasurer pursuant to section 5 of P.L.2020, c.59 (C.52:34A-5) shall require that contracts to be awarded for State construction projects pursuant to the provisions of P.L.2020, c.59 (C.52:34A-1 …

52:34A-7 Criteria required for electronic procurement processes. 7. The regulations promulgated by the State Treasurer pursuant to section 5 of P.L.2020, c.59 (C.52:34A-5) shall require that electronic procurement processes meet certain criteria, which may include, but shall not …

52:34A-8 Practices included in regulations. 8. a. Notwithstanding any other law to the contrary, the regulations promulgated by the State Treasurer pursuant to section 5 of P.L.2020, c.59 (C.52:34A-5) shall include, but not be limited to, practices that, notwithstanding any other…

52:34A-9 Use of electronic procurement processes for public works construction contracts. 9. Notwithstanding any provisions of chapters 32, 33, and 34 of Title 52 of the Revised Statutes to the contrary, the State, and any agency or instrumentality of the State, shall use electro…

52:35-1 "Person", "official" and "officer defined." As used in this chapter: "Person" means and includes any individual, copartnership, association, corporation or joint stock company, their lessees, trustees, assignees or receivers appointed by any court whatsoever. "Official" a…