Title 40A, Title 40A: MUNICIPALITIES AND COUNTIES

40A:11-41 Definitions. 1. As used in this act: a. "County or municipal contracting agency" shall mean the governing body of a county or municipality or any department, board, commission, committee, authority or agency of a county or municipality but shall not include school distr…

40A:11-42 Set-aside programs authorized. 2. a. The governing body of a county or municipality may, by ordinance or resolution, as appropriate, establish a qualified minority business enterprise set-aside program. In authorizing such a program, the governing body of a county or mu…

40A:11-43 Attainment of goals. 3. a. Any goal established pursuant to section 2 of this act may be attained by requiring that a portion of a contract be subcontracted to a qualified small business enterprise, qualified veteran business enterprise, qualified minority business ente…

40A:11-44. "Local Public Contracts Law" applicable All provisions of the "Local Public Contracts Law," P.L. 1971, c. 198 (C. 40A:11-1 et seq.) and any supplements thereto, shall apply to purchases, contracts and agreements made pursuant to this act unless otherwise superseded by …

40A:11-45 Designation as set-aside. 5. Notwithstanding the provisions of any law to the contrary, a contracting agency of a county or municipality which has established a qualified small business enterprise set-aside program, a qualified veteran business enterprise set-aside prog…

40A:11-46 Set-aside cancellation. 6. a. If the contracting agency determines that two bids from qualified small, qualified veteran, qualified minority or qualified women's businesses cannot be obtained, the contracting agency may withdraw the designation of the set-aside contract…

40A:11-47 False information; penalties. 7. Where the governing body of a county or municipality determines that a business has been classified as a qualified small business enterprise, qualified veteran business enterprise, qualified minority business enterprise or qualified wome…

40A:11-48 Annual agency report. 8. Each contracting agency of a county or municipality which has established a qualified small business enterprise set-aside program, a qualified veteran business enterprise set-aside program, a qualified minority business enterprise set-aside prog…

40A:11-49. Rules, regulations The Director of the Division of Local Government Services in the Department of Community Affairs may adopt rules and regulations pursuant to the provisions of the "Administrative Procedure Act," P.L. 1968, c. 410 (C. 52:14B-1 et seq.) as he may deem …

40A:11-5 Exceptions. 5. Any contract the amount of which exceeds the bid threshold may be negotiated and awarded by the governing body without public advertising for bids and bidding therefor and shall be awarded by resolution of the governing body if: (1) The subject matter ther…

40A:11-5.1 Authority of city of first class to contract for water supply, wastewater treatment services 2. The Legislature finds and declares it to be in the public interest and to be the public policy of the State to foster and promote by all reasonable means the collection, sto…

40A:11-5.2 Applicability of C.40A:11-1 et seq. to certain contracts by city of first class. 12. Notwithstanding the provisions of P.L.2002, c.47 (C.40A:12-17.1 et al.) to the contrary, any expenditure of funds by a duly incorporated nonprofit association that has entered into a c…

40A:11-50 Process of resolution for construction contract disputes. 1. All construction contract documents entered into in accordance with the provisions of P.L.1971, c.198 (C.40A:11-1 et seq.) after the effective date of P.L.1997, c.371 (C.40A:11-50) shall provide that disputes …

40A:11-52 Definitions relative to public-private projects. 1. 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). "Bundling" means the use of a solicitation for multiple proje…

40A:11-53 Definitions. 26. As used in sections 26 through 33 of P.L.2021, c.71 (C.40A:11-53 through C.40A:11-60): "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 Legisla…

40A:11-54 Entry into design-build contracts permitted. 27. 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 the…

40A:11-55 Procedures for awarding design-build contracts. 28. 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 employee …

40A:11-56 Evaluation factors contained in proposals. 29. a. Each request for proposals shall contain evaluation factors prepared by a design professional or designated employee as defined in section 26 of P.L.2021, c.71 (C.40A:11-53). The design professional or designated employe…

40A:11-57 Inclusions in solicitations for design-build contracts. 30. 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 b…

40A:11-58 Inclusions on design-build team. 31. 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 pro…

40A:11-59 Submission of received proposals. 32. 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 designate…

40A:11-6 Emergency contracts. 6. Emergency contracts. Any contract may be negotiated or awarded for a contracting unit without public advertising for bids and bidding therefor, notwithstanding that the contract price will exceed the bid threshold, when an emergency affecting the …

40A:11-6.1 Award of contracts. 6. All contracts enumerated in this section shall be awarded as follows: a. For all contracts that in the aggregate are less than the bid threshold but 15 percent or more of that amount, and for those contracts that are for subject matter enumerated…

40A:11-60 Regulations. 33. Notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to the contrary, the Department of Community Affairs shall adopt, immediately upon filing with the Office of Administrative Law, regulations that…

40A:11-7 Contracts not to be divided. 7. Contracts not to be divided. a. No contract in the aggregate which is single in character or which necessarily or by reason of the quantities required to effectuate the purpose of the contract includes the provision or performance of addit…

40A:11-7.1 Rules concerning determinations of aggregation. 13. For the purpose of ensuring consistency between the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.), and the "Public School Contracts Law," N.J.S.18A:18A-1 et seq., the Director of the Division of L…

40A:11-8 Bids for provision or performance of goods or services. 8. Every contracting agent shall, at intervals to be fixed by the governing body, solicit by public advertisement the submission of bids for the provision or performance of goods or services which are and which unde…

40A:11-9 Designation of purchasing agent; qualifications; certification. 9. a. The governing body of any contracting unit may by ordinance, in the case of a municipality, by ordinance or resolution, as the case may be, in the case of a county, or by resolution in all other cases,…

40A:11-9.1 List of sources for green product purchasing. 2. The State Treasurer, through the Division of Purchase and Property, in consultation with the Department of Environmental Protection and any other appropriate State agencies, shall develop a list of sources for green prod…

40A:11-9a Current purchasing agent, lower bid threshold. 4. An individual who is the duly authorized purchasing agent of a contracting unit and does not possess a qualified purchasing agent certificate on the date of enactment of P.L.2009, c.166 may continue to be referred to as …

40A:12-1. Short title This act shall be known and be cited as the "Local Lands and Buildings Law." L.1971, c. 199, s. 1, eff. July 1, 1971.

40A:12-10. Joint purchase of lands and construction of buildings or other capital improvements for joint use Any county or municipality may contract with each other or with any other county or municipality for the purpose of acquiring land and constructing thereon a building or b…

40A:12-10.1 Contracts for joint acquisition of land for recreation, conservation purposes. 3. a. A municipality may contract with another municipality, a municipal utilities authority, or a school district for the purpose of acquiring land for recreation and conservation purposes…

40A:12-11. Early land acquisition Any county, by resolution, or municipality, by ordinance, may acquire real property and any estate or interest therein, including a lease with option to purchase, which the governing body shall determine will be necessary or useful for the proper…

40A:12-12. Acquisition of property in other States; necessity for and manner of acquisition When a county, by resolution, or municipality, by ordinance, determines that any real property located in a foreign state is necessary to the beneficial use of property in this State owned…

40A:12-13 Sales of real property, capital improvements or personal property; exceptions; procedure. 13. Sales of real property, capital improvements or personal property; exceptions; procedure. Any county or municipality may sell any real property, capital improvement or personal…

40A:12-13.1. Sales of real property, capital improvements or personal property; authorization by resolution The sale by any municipality of any real property, capital improvements or personal property, or interests therein, not needed for public use by public sale to the highest …

40A:12-13.2. Sales of real property; right of first refusal of contiguous owners Notwithstanding any provision of law to the contrary, whenever any municipality intends to sell real property which is less than the minimum size required for development under the municipal zoning o…

40A:12-13.3. Sale of county property to municipality for public purposes Notwithstanding any provisions of law to the contrary, when any governing body of a county determines that all or any part of a tract of land, with or without improvements, owned by the county is not then ne…

40A:12-13.4. Conveyance to county Notwithstanding any law to the contrary, when the governing body of a municipality determines that all or part of a tract of land, with or without improvements, owned by the municipality is not then needed for municipal purposes, it may, by ordin…

40A:12-13.5. Sale, lease or exchange of real property of capital improvement by counties; conditions; fees 1. a. In addition to any other applicable requirements of law, no county may sell, lease for a term of 20 years or more, or exchange any real property or capital improvement…

40A:12-13.6. Notice of public hearing 2. In addition to any other applicable requirements of law, the county shall provide notice of any public hearing required pursuant to section 1 of this act at least 30 days in advance of the date of the hearing as follows: a. By mailing a co…

40A:12-13.7. Contents of notice of public hearing 3. The following information shall be included in all notices required pursuant to section 2 of this act: a. A general description and the location of the real property or capital improvement proposed to be sold, leased, or exchan…

40A:12-13.8. Bid acceptance by county; conditions 4. A county shall not accept any bid for any real property or capital improvement to be sold, leased for a term of 20 years or more, or exchanged pursuant to P.L.1971, c.199 (C.40A:12-1 et seq.) unless such acceptance is condition…

40A:12-13.9 Public acquisition, sale of real property, municipality, certain; authority of mayor. 1. Notwithstanding any provision of law to the contrary, in the case of a municipality with a population of 265,000 or greater, according to the latest federal decennial census, that…

40A:12-14 Leasing of county or municipal real property, capital improvements or personal property. 14. Any county or municipality may lease any real property, capital improvement or personal property not needed for public use as set forth in the resolution or ordinance authorizin…