N.J. Admin. Code § 6A:27-9.4

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

Section 6A:27-9.4 - Responsibilities of the bidder

(a) Bidders or their agents shall not draft specifications or route descriptions to be advertised for bid.

(b) The bidder shall complete and submit the bid on the bid sheet contained in the specifications. Bids shall include a separate cost for adjusting the contract.

(c) Bidders shall not submit unsolicited alternate bids.

(d) Bids are to be placed in a sealed envelope and submitted in the manner specified by the district board of education.

(e) Bidders shall submit a guarantee payable to the district board of education to ensure that the successful bidder will enter into that contract, if awarded, and furnish a performance surety bond.

1. The guarantee to be submitted shall be a certified check, cashier's check, or bid bond as required by the district board of education. No other form of guarantee is authorized.

2. The bid bond or cashier's or certified check shall be forfeited upon refusal of the successful bidder to execute a contract; otherwise, the guarantee shall be returned when the contract is executed and a performance bond filed.

(f) A surety bond for the performance of the contract for transportation to and from school equal at least to the amount of one year of the contract shall be provided to the district board of education. In the case of contracts for more than one year, the bond may be for an amount in excess of the proportionate annual contract amount as determined by the district board of education.

(g) A surety bond for the performance of the contract for transportation for school-related activities shall be provided to the district board of education as required by the specifications.

(h) A surety bond shall be provided for the faithful performance of all provisions of the specifications and for all matters that are contained in the notice to bidders and relate to the performance of the contract.

(i) The performance surety bond shall be either a corporate or personal surety bond as required by the district board of education.

(j) The performance surety bond shall be submitted to the district board of education with an executed contract prior to the start date of the contract.

N.J. Admin. Code § 6A:27-9.4

Amended by R.2005 d.259, effective 8/1/2005.
See: 37 N.J.R. 851(a), 37 N.J.R. 2865(b).
Added (c); recodified former (c)-(d) as (d)-(e); recodified former (e) as (f) and added "for transportation to and from school" preceding "shall be provided"; added (g) and recodified former paragraphs 1 and 2 as (h) and (i); and added (j).
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In (c), deleted "which are" following "bids"; in the introductory paragraph of (e), deleted ", if a contract is awarded," following the first occurrence of "that", and inserted ", if awarded,"; in (f), inserted "equal at least to the amount of one year of the contract", and deleted "equal at least to the amount of one year of the contract" following the first occurrence of "education"; in (h), inserted "that are", and substituted "and relate" for "relating"; and in (i), deleted "surety bond" following "corporate".

Amended by 53 N.J.R. 163(a), effective 2/1/2021