N.J. Admin. Code § 16:44-7.3

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

Section 16:44-7.3 - Bid procedure

(a) Bids will be received at the hour, date and place specified in the advertisement or as otherwise noticed to all potential bidders.

(b) The presiding officer will open each bid session as near to the hour specified in the advertisement as is practical. The presiding officer will announce the projects on which bids are being received during that bid session.

(c) When required by the project's specifications, the Department will utilize an internet bidding process and the contractor shall be required to submit the bid via the internet using the appropriate software. When the internet bidding process is specified, no "paper" bids will be accepted.

1. Internet bidding information is available on the Department's website at www.bidx.com. The contractor shall download the bidding software. No alteration of the software is permitted. Registration and subscription fees are required to submit bids via the internet and to access plans and Special Provisions.

2. The contractor shall download all bid documents from the Department's internet bidding website. The bid shall consist of the completed bid documents that are submitted via the internet by the contractor to the Department prior to the time for the opening of bids. The Department assumes no responsibility for errors or omissions in the downloaded documents, except as specifically provided for in the bid documents.

3. The contractor shall submit a proposal form as provided on the Department's internet bidding website. The contractor shall include all addenda amendments on the proposal form.

4. The contractor shall specify a price for each pay item except when alternate pricing is specified.

5. The contractor shall submit its bid with a valid electronic signature. An additional fee is required for each person authorized by the contractor to electronically sign the bid.

6. The contractor shall ensure delivery of its bid and all its components, including the required schedule of items. For wholly State-funded projects, the bid documents shall include acknowledgment of compliance with the registrations specified in (f) and (g) below, and with N.J.S.A. 19:44A-20.13, a proposal bond form and other related documents, as required by specification.

7. The contractor is solely responsible for any and all errors, for timely submission of the bid and all required components and attachments, through the electronic bidding system.

8. The Department assumes no responsibility for any claim arising from the failure of any bidder or the electronic delivery system to cause any bid, bid component or attachment to not be delivered to the Department on or before the time set for bid opening.

(d) All bids will be downloaded and printed at the bid session by the Bureau. Each bid will be reviewed for acceptability. The total bid price as submitted by the bidders will be publicly read.

(e) Each bid shall be accompanied by a proposal bond in an amount equal to or greater than 50 percent of the total bid price. Each proposal bond shall reference the project to which it applies.

1. Proposal bonds shall comply with the requirements of this chapter and relevant State statutes. Proposal bonds covering Department projects shall be issued only by companies authorized to transact business in the State of New Jersey and listed in the current United States Treasury Department Circular 570, which will establish the underwriting limitation for any one risk.

2. Two or more companies may underwrite the proposal bond on a project if the aggregate of their underwriting limitations, as established by United States Treasury Department Circular 570, is not exceeded by the penal sum of the proposal bond. Each company may limit its liability, upon the face of the bond or power of attorney form, to a definite specified amount within its underwriting limitation. The principal and sureties must execute the obligations jointly and severally.

(f) For 100 percent State-funded projects, bidders must at the time of bid:

1. Be registered with the New Jersey Department of Labor and Workforce Development, Division of Wage and Hour Compliance, pursuant to the Public Works Contractor Registration Act, N.J.S.A. 34:11-56.48 et seq. A bid shall be rejected if the bidder fails to have a valid current registration;

2. Have a valid business registration with the New Jersey Department of the Treasury, Division of Revenue as required by N.J.S.A. 52:32-44. A bid shall be rejected if the bidder fails to have a valid current registration; and

3. Certify their compliance with N.J.S.A. 19:44A-20.13 and Executive Order No. 117 (2008), concerning disclosure of political contributions.

(g) The Department shall examine bid documents for completeness, conformity with requirements and mathematical accuracy. Adjustments will be made by the Bureau when necessary to establish the correct total bid amount.

N.J. Admin. Code § 16:44-7.3

Amended by R.1977 d.388, effective 10/17/1977.
See: 9 N.J.R. 444(a), 9 N.J.R. 543(b).
Amended by R.1990 d.31, effective 1/16/1990.
See: 21 N.J.R. 3437(b), 22 N.J.R. 245(b).
In (a): deleted (a)5 listing a deputy attorney general and re-numbered old (a) to new (a)5.
In (j): revised text by adding "within two working days" and deleted language regarding specific bid procedures after review.
Repeal and New Rule, R.1994 d.198, effective 4/18/1994.
See: 25 N.J.R. 4727(a), 26 N.J.R. 1690(b).
Section was "Requirements".
Amended by R.2004 d.342, effective 9/7/2004.
See: 36 N.J.R. 1659(a), 36 N.J.R. 4155(b).
Rewrote the section.
Recodified from N.J.A.C. 16:44-5.1 and amended by R.2010 d.122, effective 6/21/2010.
See: 41 N.J.R. 3387(a), 42 N.J.R. 1239(a).
Section was "Procedures". In (a), inserted "or as otherwise noticed to all potential bidders", and deleted the last sentence; rewrote (b) and (c); added new (d); recodified former (d) and (e) as (e) and (g); rewrote (e); added new (f); in (g), deleted "of Construction Services" following "Bureau"; and deleted former (f). Former N.J.A.C. 16:44-7.3, Per centum withheld for deferred work, recodified to N.J.A.C. 16:44-10.3.