Title 40A, Title 40A: MUNICIPALITIES AND COUNTIES

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 …

40A:11-31 Reconsideration by board of review; request for; time limit. 31. Any prospective bidder who is dissatisfied with an original classification or reclassification may upon receipt of notice thereof, request in writing a hearing of the matter before the board of review. The…

40A:11-32 Rejection of bids after qualification of bidder; hearing. 32. Nothing herein contained shall be construed as depriving any governing body of the right to reject a bid at any time prior to the actual award of a contract, where the circumstances of the prospective bidder …

40A:11-33. Forfeiture of deposit in certain cases A deposit made by any person who makes or causes to be made a false, deceptive or fraudulent statement or answers in response to a questionnaire or in the course of a hearing hereunder may be caused to be forfeited, as liquidated …

40A:11-34. Penalties for false statements Any person who makes or causes to be made, a false, deceptive or fraudulent statement in the statement or answers in response to the questionnaire, or in the course of any hearing hereunder, shall be guilty of a misdemeanor, and upon conv…

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 …