N.J. Admin. Code § 16:44-7.4

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

Section 16:44-7.4 - Rejection of bids

(a) The Commissioner may disqualify any contractor and reject its bid at any time prior to the contract execution when there have been developments subsequent to classification, which, in the opinion of the Commissioner, would adversely affect the responsibility of the bidder. Before taking such action, the Commissioner will notify the bidder and give it an opportunity to present additional information in support of its responsibility.

(b) Bids may be rejected for the following reasons:

1. If the proposal is on a form other than that furnished by the Department; or if the form is altered or any part of the form is detached or incomplete;

2. If the proposal is not properly signed;

3. If there are unauthorized additions, conditional or alternate bids, or irregularities of any kind which may make the proposal incomplete, indefinite, or ambiguous as to its meaning;

4. If the bidder adds any provisions reserving the right to accept or reject an award or to enter into a contract pursuant to an award;

5. If the bidder makes an alteration to the "Unit Prices" or "Amounts" as provided by the Department in the bid proposal, unless otherwise directed by addendum;

6. If the bidder fails to provide a total price in its bid;

7. If the bidder fails to acknowledge all addenda posted through the Department's website. The addenda acknowledgement folder is included in the Department's internet bidding file. Certain addenda contain amendments and may require revisions to the schedule of items to be bid. The Department also has the right to reject bids that do not contain all applicable amendments to the schedule of items to be bid; or

8. If the Commissioner deems it advisable to do so in the interest of the State.

(c) Pursuant to N.J.S.A. 27:7-32, a bid shall be rejected if it is not accompanied by a satisfactory proposal bond.

N.J. Admin. Code § 16:44-7.4

New Rule, R.1992 d.29, effective 1/6/1992.
See: 23 N.J.R. 3270(a), 24 N.J.R. 115(c).
Recodified from 16:44-1.13 by R.1994 d.198, effective 4/18/1994.
See: 25 N.J.R. 4727(a), 26 N.J.R. 1690(b).
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. 16:44-1.14 and amended by R.2010 d.122, effective 6/21/2010.
See: 41 N.J.R. 3387(a), 42 N.J.R. 1239(a).
In (a), deleted "of Transportation" following "The Commissioner", deleted "actual award of a" preceding "contract" and "qualification and" preceding "classification", and inserted "execution", a comma following "classification" and "adversely"; in the introductory paragraph of (b)4, deleted a comma following the first occurrence of "award"; deleted (b)4i; rewrote (b)5 and (b)7; in (c), substituted "proposal bond" for "Proposal Bond"; and deleted (d). Former N.J.A.C. 16:44-7.4, Pledge of approved bonds by contractor in lieu of retained percentages, recodified to N.J.A.C. 16:44-10.4.