N.J. Admin. Code § 7:26H-6.7

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:26H-6.7 - Award and execution of contracts

(a) The contracting unit shall publicly open and read all bid proposals at the time and place specified in the advertised notice to bidders. No contracting unit shall open or consider a bid proposal submitted after the date and time so specified.

(b) The governing body shall award the contract or reject all bids within 60 days, except the bids of bidders who consent, may, at the request of the contracting unit, be held for consideration for such longer period as may be agreed. In the event that the governing body should fail to award the contract or request an extension before the expiration of the 60 day consideration period, all bid proposals shall be considered rejected.

(c) The contracting unit shall return all bid guarantees, except those of the three apparent lowest responsible bidders, within 10 days after opening of the bid proposals, Sundays and holidays excepted. The bid proposals of such bidders whose guarantees are returned shall be considered withdrawn. The contracting unit shall return the bid security of the remaining unsuccessful bidders within three days, Sundays and holidays excepted, after the contract is executed and the contractor's performance bond is approved.

(d) The contracting unit shall award the contract to the lowest responsible bidder in conformance with the requirements of N.J.A.C. 7:26H-6.8.

(e) In the event that the governing body rejects all bids, the contracting unit shall publish a notice of re-bid not less than 10 calendar days, prior to the date for acceptance of new bid proposals.

(f) Within 14 calendar days of the award of the contract, the contracting unit shall notify the successful bidder, in writing, by certified mail, return receipt requested, at the address set forth in the bid proposal. The notice shall contain instructions relevant to delivery of the executed contract, performance bond, vehicle dedication affidavit and affirmative action documentation. The successful bidder shall deliver the documents listed above at the time and place specified in the award notice. If for any reason, the successful bidder fails to deliver the documents as required, the contracting unit may declare the bid proposal forfeited and retain the successful bidder's bid guarantee. In such event, the contracting unit may award the contract to the next highest responsible bidder or terminate the bid process and re-bid the contract in accordance with (d) above.

(g) A contract executed pursuant to this subchapter shall be effective for a fixed term not to exceed five years and shall not be extended beyond the maximum duration; provided, however, the contracting unit may award a contract for a duration that is less than the full allowable term under this section.

(h) The following provisions shall be incorporated into the contract to be executed by the governing body and the contractor:

1. Mandatory affirmative action language in accordance with N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27; and

2. A change in law or cancellation provision which anticipates and provides a mechanism for renegotiation of the contract to reflect any increases or decreases in solid waste disposal costs whenever:

i. The increase or decrease occurred as a result of compliance with an order issued by the Department directing the solid waste to be disposed at a facility other than the facility previously utilized by the person to whom the contract has been awarded; or

ii. The increase or decrease occurred as a result of lawful increases in the rates, fees or charges imposed on the disposal of solid waste at the facility utilized by the person to whom the contract has been awarded.

(i) For every contract for solid waste collection, solicited and awarded in conformance with this subchapter, the contracting unit shall file in a manner and on forms prescribed by the Department, the following information:

1. The name of each bidder submitting bid proposals and the prices bid;

2. The name of the bidder awarded the contract and the award price; and

3. The general service requirements:

i. The type of collection--curbside, rear yard or other;

ii. The number of days per week;

iii. The contract length;

iv. The party responsible for the tipping fee; and

v. Any other relevant aspects of the contract.

N.J. Admin. Code § 7:26H-6.7