N.J. Admin. Code § 19:9-2.2

Current through Register Vol. 56, No. 11, June 3, 2024

Section 19:9-2.2 - Purchases for amounts requiring public advertising

(a) Rules concerning advertising and awards of bids:

1. Advertisement for competitive bids shall be placed in at least one appropriate newspaper or journal, having a large circulation in the State, and may be advertised on the Authority's website, www.nj.gov/turnpike, or through other electronic means. Such advertisement shall be published not less than seven calendar days preceding the date upon which the proposals are to be received and opened. All advertisements shall contain:

i. A brief description of the supplies, materials, equipment or services to be furnished or performed;

ii. Notice of the place where proposal forms, specifications, terms and conditions may be obtained; and

iii. The place, date, and time when the sealed or electronic bids shall be publicly opened.

2. In addition to advertising, bids may be solicited from all known interested parties by e-mail, regular mail or by any other means. Such solicitations shall provide prospective bidders with at least the same information contained in the public advertisement.

3. In the event that amendment of any pertinent information supplied to prospective bidders becomes necessary, notice of the change(s), in the form of a written addendum, shall be given to all prospective bidders having requested specifications at least three days prior to the public opening of the bids.

(b) Rules concerning terms and conditions applicable to submission of bids:

1. All bids submitted in paper form must be properly signed and duly authorized by the bidder; all bids electronically submitted must be duly authorized by the bidder.

2. Any correction of an entry made on a proposal form submitted as a paper copy shall be initialed by a duly authorized representative of the bidder. Changes to documents submitted electronically in PDF or other format that provides the equivalent of a copy of a paper document, shall be made by submission of a replacement PDF document. If the replacement document contains handwritten or other corrections, they shall be initialed on the replacement document in the same manner as would be required as to a paper document. Changes in electronic files such as spreadsheets, shall be made only by the substitution of replacement files as and when permitted by the specifications, accompanied by a statement by the bidder that the substituted file is to be accepted in lieu of the original. Because the potential exists that formulas or other hidden elements of a spreadsheet or like file may be affected by revisions made by persons other than their author, the submission of partial files or requests for correction or revision of particular lines, numbers, and the like that do not include replacement of the entire electronic file will not be accepted.

3. Bidders may withdraw bids, or withdraw and resubmit bids, at any time prior to the time scheduled for public opening. A duly authorized representative of the bidding firm must sign for the withdrawal of bids submitted as paper bids. Bids so withdrawn shall be returned to the bidders unopened. Any bid that is received by the Authority at the date and time established for bid opening will be deemed to have been submitted intentionally. It is the bidder's sole responsibility to ensure that its withdrawal of any electronic bid actually prevents the withdrawn bid from being received and opened by the Authority.

4. In the case of inconsistencies or errors in unit prices, extensions and totals, the Authority shall have sole discretion to make determinations with regard to same. If the total price is found to be incorrectly computed, discrepancies will be corrected by the Authority on the basis of the written unit prices, and determination of the low bidder will be made on the basis of the correct total price so determined. The Authority shall not be liable for any failure or error in determining or correcting errors or discrepancies.

5. In particular cases where permitted or required by the Authority in the particular bid specifications, bidders may be permitted to submit partial bids. The Authority reserves the right to accept any item or group of items of any bid.

(c) Rules concerning receipt, opening, and award of bids:

1. All bids solicited by the Authority must be submitted in accordance with the Authority's Standard Specifications, the specific provisions of each bid or proposal specifications and contract documents on or before the time fixed for the public opening. Any bids received after the bidding has closed shall not be opened.

2. The purchasing or bid supervisor shall maintain a secured place for the purpose of receipt and securing bids. When sealed envelopes containing bids are received in the office of the Authority designated in the procurement documents, they shall be date-stamped and deposited (unopened) in the appropriate secure location.

3. Bids shall be opened publicly at the time and place designated in the Request for Bids or Advertisement for Proposals. The amount of each bid, the identity of each bidder, and such other information relevant to the bid shall be recorded and the bid tabulation shall be open to public inspection.

4. Bids shall be evaluated based on the requirements set forth in the Request for Bids or contract documents, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose.

5. Correction or withdrawal of inadvertently erroneous bids after opening, or cancellation of awards or contracts based on such mistakes, may be permitted in the sole discretion and determination of the Authority.

6. The contract shall be awarded with reasonable promptness by written notice to the lowest responsible and responsive bidder. In the event that bid prices submitted by two or more low responsible and responsive bidders are identical and the criteria in the Request for Bids or contract documents do not resolve the tie bid, the tie low bids shall be broken by a coin toss held in the presence of a representative of the Department of Internal Audit. If practical, the interested bidders may be invited to the Authority to observe in the coin tossing. Such tie breaking shall be noted on the Bid Summary. The Authority retains the right to reject any or all bids, to waive informalities and minor irregularities, and to rebid the entire contract.

7. When it is determined impractical to initially prepare a purchase description to support an award based on price, a Request for Bids or Advertisement for Proposals may be issued requesting the submission of unpriced proposals to be followed by a Request for Bids or Advertisement for Proposals limited to those bidders whose unpriced proposals have been determined as qualified for the project by the Director of Procurement and Materials Management or the Chief Engineer.

8. Bid or proposal bonds may be required in such form and format as deemed acceptable by the General Counsel, and in such amount as deemed necessary by the Director of Procurement and Materials Management or Chief Engineer to guarantee the amount of the bid. In that event, the requirement of a bid or proposal bond, and the form, format and amount thereof shall be set forth or specified in the bid specifications. A successful bidder's failure to enter into a contract contemplated by the bidding process may result in a forfeiture of the bidder's security and any other loss or penalty permitted by law.

9. Performance bonds, contract bonds, or consents of surety may be required in such form and format as deemed acceptable by the General Counsel, and in such amount as deemed necessary by the Director of Procurement and Materials Management or Chief Engineer to ensure faithful performance of the contract or for the payment of persons performing work on the project. In that event, the requirement of a performance or contract bond or consent of surety, and the form and amount thereof, shall be set forth or specified in the bid specifications. The bond shall be submitted by the successful bidder upon notification.

10. Subject to applicable law and 19:9-2.1 2, the Authority may disqualify from bidding and/or revoke the prequalification of any bidder in connection with the withdrawal or attempted withdrawal of any bid because of unilateral mistake. Such disqualification may be for a period not to exceed 12 months, and on such terms as the Authority may determine.

11. If the Authority has any concerns whether the lowest responsive and responsible bidder can perform under the contract in accordance with the price bid, the Director of Procurement and Materials Management or the Chief Engineer, or his or her designee, may require that the lowest responsive and responsible bidder, prior to the contract award, confirm that the price bid is accurate and conforms to the specifications as advertised, confirm that performance will be timely, and provide any documentation or demonstration deemed necessary to satisfy any of the Authority's concerns.

(d)A supply, service, or product may be procured without competitive sealed proposals:

1. When the Authority, upon written recommendation of the Chief Engineer or the Director of Procurement and Materials Management, determines and acts by appropriate resolution that there is only one source ("sole source") for the required supply, service, or product.

2. When the Authority deems that there exists a threat to the health, welfare, or safety of the public or of property under emergency conditions, or the exigency of the situation does not allow sufficient time to advertise and award bids by public bidding. In that case, the Authority may, by appropriate resolution, acting on the written recommendation of the Chief Engineer or Director of Procurement and Materials Management, declare the exigency or emergency to exist and waive the requirement of public bidding provided that such emergency requirements shall be made with such competition as is practicable under the circumstances. The Authority shall set forth in such resolution ratifying the award the nature of the exigency or emergency and the approximate amount to be expended.

3. Where the contract is with the Federal or any state government or any agency or political subdivision thereof.

N.J. Admin. Code § 19:9-2.2

Amended by 49 N.J.R. 3236(b), effective 9/18/2017