N.J. Admin. Code § 16:20B-6.3

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

Section 16:20B-6.3 - Award of contract

(a) Upon approval by the Department, the municipal government shall advertise and award the contract for each project in accordance with the provisions of the Local Public Contracts Law, N.J.S.A. 40A:11-1 et seq. Additionally, for all projects funded, in whole or in part, out of funds from the local aid program, each bidder on a construction contract valued at more than $ 5,000,000 shall be prequalified by the New Jersey Department of Transportation.

(b) Thirty calendar days prior to the time of advertisement, the municipal government shall submit the following to the appropriate district office:

1. One copy of the contract plans and specifications;

2. One copy of the engineer's estimate of costs; and

3. A certification from the municipal engineer or consulting project engineer certifying conformance to the design standards set forth in N.J.A.C. 16:20B-5.1 and setting forth any required design exception justification.

(c) If a project is advertised for bid prior to submitting the items in (b) above, the project may be subject to re-advertising.

(d) The Department will review the submission items in (b) above, and if found acceptable, notify the municipality that the project can be advertised. If the submission is found unacceptable, the municipality may make the necessary corrections and re-submit the project for approval to advertise.

(e) Within 30 calendar days following the award of the contract to the lowest responsible bidder, the municipal government shall submit the following to the appropriate district office:

1. One copy of the summary of construction bids showing all bid quantities, unit prices and extensions;

2. A fully executed resolution awarding the contract to the lowest responsible bidder, subject to the approval of the Department;

3. An invoice for a percentage of the award amount, or a percentage of the project allotment, whichever is less as specified by the appropriate district office. The initial payment amount shall be determined as follows:

i. Municipalities may invoice up to 75 percent of the award amount, or 75 percent of the project allotment, whichever is less.

(f) When all information relative to the bidding has been approved by the Department, the municipal government will be provided an award concurrence date through SAGE, and the Department will process initial payment for projects using municipal local aid or discretionary local aid funds.

1. No third party shall be entitled to challenge a decision of the Department to approve or disapprove the award of any contract under this chapter.

2. Any construction undertaken prior to Department concurrence in the award of the project, shall be subject to non-participation.

(g) Local government entity grant recipients shall be prohibited from using local aid program funds to support the work of any local government entity's employees on any construction projects funded, in whole or in part, out of funds from the local aid program.

(h) The construction contracts for all projects funded, in whole or in part, out of funds from the local aid program shall be made and awarded in accordance with the Local Public Contracts Law, P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.).

N.J. Admin. Code § 16:20B-6.3

Amended by 46 N.J.R. 868(a), effective 5/19/2014.

Amended by 53 N.J.R. 1510(a), effective 9/7/2021