N.J. Admin. Code § 19:9-2.2

Current through Register Vol. 57, No. 1, January 6, 2025

Section 19:9-2.2 - Purchases, contracts, and agreements for amounts over the applicable bid threshold, except contracts and agreements governed at N.J.A.C. 19:9-2.8 and 2.9

(a) Rules concerning advertising and awards of purchases, contracts, and agreements:

1. Advertisements soliciting purchases, contracts, and agreements over the bid threshold shall be placed in at least one newspaper or journal having a large circulation in the State, and may be advertised on the Authority's website, www.njta.com, or through other electronic means. Such advertisements shall be published not less than 10 days preceding the date upon which the bids, proposals, or statements of qualifications are to be received and opened. All advertisements shall contain:

i. A brief description of the supplies, materials, equipment, or services to be furnished or performed;

ii. Notice of the place where the request for bids or request for proposals or request for qualifications may be obtained; and

iii. The place, date, and time when the sealed or electronic bids, proposals, or statements of qualifications shall be publicly opened.

2. In addition to advertising, solicitations for any purchases, contracts, or agreements may be sent to all known interested parties by email, regular mail, or by any other means, and such solicitations shall provide at least the same information contained in the public advertisement.

3. If an amendment of any pertinent information to the request for bids, request for proposals, or request for qualifications becomes necessary, notice of such amendment(s), in the form of a written addendum, shall be given, at least three business days prior to the public opening of such bids, proposals, or statements of qualifications, to all who received the request for bids, request for proposals, or request for qualifications.

(b) Rules concerning terms and conditions applicable to submission of bids or proposals:

1. All bids and proposals submitted must be properly signed by the bidder's or proposer's duly authorized representative.

2. Any correction of an entry made on a bid or proposal form submitted as a paper copy shall be initialed by a duly authorized representative of the bidder or proposer. Changes to documents submitted electronically in PDF or other format that provides the equivalent of a copy of a paper document, shall be made by submission of a replacement PDF document. If the replacement document contains handwritten or other corrections, they shall be initialed on the replacement document in the same manner as would be required as to a paper document. Changes in electronic files can only be made in accordance with the submission rules of the electronic procurement platform being used by the Authority.

3. Bidders and proposers may withdraw bids or proposals, or withdraw and resubmit bids or proposals, as the case may be, at any time prior to the time scheduled for public opening. A duly authorized representative of the bidder or proposer, as the case may be, must sign for the withdrawal of bids or proposals submitted in paper form. Bids or proposals so withdrawn shall be returned to the bidders or proposers, as the case may be, unopened. Any bid or proposal that is received by the Authority at the date and time established for public opening will be deemed to have been submitted intentionally. It is the bidder's and proposer's sole responsibility to ensure that their withdrawal of any electronic bid or proposal actually prevents the withdrawn bid or proposal from being received and opened by the Authority.

4. In the case of inconsistencies or errors in unit prices, extensions and totals, the Authority shall have sole discretion to make determinations with regard to same. If the total price is found to be incorrectly computed, discrepancies will be corrected by the Authority on the basis of the written unit prices, and determination of the low bidder will be made on the basis of the correct total price so determined. The Authority shall not be liable for any failure or error in determining or correcting errors or discrepancies.

5. In particular cases where permitted or required by the Authority in the particular bids or proposals, bidders or proposers may be permitted to submit partial bids or proposals. The Authority reserves the right to accept any item or group of items of any bid.

(c) Rules concerning receipt, opening, and award:

1. All bids, proposals, and requests for qualifications solicited by the Authority must be submitted in accordance with the request for bids, request for proposals, or request for qualifications on or before the time fixed for the public opening. Any bids, proposals, or statements of qualifications received after the deadline for receipt of such bids, proposals, or statements of qualifications shall not be opened.

2. The Authority shall ensure that all sealed paper bids, proposals, and statements of qualifications received in response to a request for bids, request for proposals, or request for qualifications shall be date-stamped upon receipt and deposited unopened in a secure location until the time fixed for public opening. Bids, proposals, and statements of qualifications submitted electronically shall be securely maintained by the electronic procurement platform until the time fixed for public opening.

3. Paper bids, proposals, and statements of qualifications shall be opened publicly at the time and place designated in the request for bids, request for proposals, and request for qualifications. As to bids only, the amount of each bid, the identity of each bidder, and such other information relevant to the bid shall be recorded and the bid tabulation shall be open to public inspection. As to responses to requests for proposals and requests for qualifications, the identity of each respondent shall be recorded and read aloud.

4. As to electronic bids, the bids will be downloaded by the Authority, at the time designated for receipt of bids in the request for bids, from the electronic procurement platform, publicly opened, and the results posted on the electronic procurement platform's website and/or the Authority's website at www.njta.com.

5. Bids, proposals, and statements of qualifications received shall be evaluated based on the requirements or criteria set forth in the request for bids, request for proposals, and request for qualifications, as the case may be.

6. The Authority may, in its discretion and consistent with law, allow a bidder to withdraw its bid or proposal based on mistake.

7. Any contract awarded shall be awarded with reasonable promptness by written notice to the lowest responsible and responsive bidder or in the case of an RFP, to the successful proposer.

8. As to bids, if bid prices submitted by two or more low responsible and responsive bidders are identical, the tied low bids shall be broken by a coin toss held in the presence of a representative of the Department of Internal Audit. The interested bidders shall be invited to observe the coin toss. Such tie breaking shall be noted on the bid summary. The Authority retains the right to reject any or all bids, to waive informalities and minor irregularities, and to rebid the entire contract, in accordance with applicable law.

9. Bid or proposal guarantee, in the form of bonds, letters of credit, or certified or cashier's check may be required in such form and format as deemed acceptable by the Director of Law, and in such amount as deemed necessary by the Director of Procurement and Materials Management or Chief Engineer to guarantee the amount of the bid or proposal. In that event, the requirement of bid or proposal guarantees, and the form, format, and amount thereof shall be set forth or specified in the request for bids or request for proposals, as the case may be. Failure of the successful bidder or proposer to enter into a contract shall result in a forfeiture of the bid or proposal guarantee and any other loss or penalty permitted by law.

10. The request for bids or request for proposals may require the submittal of a consent of surety with the bid or proposal, which consent of surety must evidence that the surety will provide the required performance security if the bidder or proposer is awarded a contract. In such event, performance security, in the form of a bond or letter of credit, shall be required in such form and format as deemed acceptable by the Director of Law, and in such amount as set forth in the request for bids or request for proposals to ensure faithful performance of the contract and for the payment of persons performing work on the contract. The performance security shall be submitted by the successful bidder upon notification.

11. Subject to applicable law, the Authority may disqualify from bidding any bidder in connection with the withdrawal or attempted withdrawal of any bid because of unilateral mistake. Such disqualification may be for a period not to exceed 12 months, and on such terms as the Authority may determine.

12. If the Authority has any concerns whether the lowest responsive and responsible bidder can perform under the contract in accordance with the price bid, the Director of Procurement and Materials Management or the Chief Engineer, or his or her designee, may require that the lowest responsive and responsible bidder, prior to the contract award, confirm that the price bid is accurate and conforms to the specifications as advertised, confirm that performance will be timely, and provide any documentation or demonstration deemed necessary to satisfy any of the Authority's concerns.

(d) A supply, service, or product may be procured without competitive sealed proposals:

1. When the Authority, upon written recommendation of the Chief Engineer or the Director of Procurement and Materials Management, determines and acts by appropriate resolution that there is only one source ("sole source") for the required supply, service, or product.

2. When the Authority deems that there exists a threat to the health, welfare, or safety of the public or of property under emergency conditions, or the exigency of the situation does not allow sufficient time to advertise and award bids by public bidding. In that case, the Authority may, by appropriate resolution, acting on the written recommendation of the Chief Engineer or Director of Procurement and Materials Management, declare the exigency or emergency to exist and waive the requirement of public bidding provided that such emergency requirements shall be made with such competition as is practicable under the circumstances. The Authority shall set forth in such resolution ratifying the award the nature of the exigency or emergency and the approximate amount to be expended.

3. Where the contract is with the Federal or any state government or any agency or political subdivision thereof.

4. For the furnishing or performing of services of a professional or consultative nature.

5. For the supplying of any product or the rendering of any service by a public utility subject to the jurisdiction of the New Jersey Board of Public Utilities and tariffs and schedules of the charges, made, charged, or exacted by the public utility for any such products to be supplied or services to be rendered are filed with such board.

6. When the Authority has advertised for bids on two occasions and has received no bids on both occasions in response to its advertisements, or received no responsive bids. Any purchase, contract, or agreement may then be negotiated and may be awarded to any contractor or supplier determined to be responsible, except that the terms, conditions, restrictions, and specifications set forth in the negotiated contract shall not be substantially different from those that were the subject of competitive bidding.

N.J. Admin. Code § 19:9-2.2

Amended by 49 N.J.R. 3236(b), effective 9/18/2017

Amended by 57 N.J.R. 55(c), effective 1/6/2025