N.J. Admin. Code § 6A:26-4.8

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

Section 6A:26-4.8 - Bidding and awarding of contracts for ROD capital projects

(a) Bids shall be advertised and received, and contracts awarded only after final approval of plans and specifications from the Department of Community Affairs, Division of Codes and Standards or the local enforcing agency if it performs the UCC review. Bids may be advertised but contracts shall not be awarded before the school facilities project or other capital project has received approval from the Division for final educational adequacy, pursuant to 6A:26-5.4, if applicable. If the school facilities project is not subject to either final educational adequacy review or UCC review, bids shall be advertised and received, and contracts awarded only after final eligible costs have been determined pursuant to 6A:26-3.6.

(b) In accordance with 18A:18A-36, school districts shall award contracts within 60 days of receipt of bids, and may apply to the municipal construction enforcing official for the required building permits.

(c) At the time of contract award, school districts shall encumber a contingency in an amount equal to no less than five percent of the total costs of construction of a capital project, against which change orders may be approved in accordance with 6A:26-4.9. However, school districts shall not encumber an amount that would result in the total contract award plus any contingency totaling more than the approved referenda amount if the capital project is funded wholly or in part by bond proceeds.

(d) School districts shall award one or more contracts for the entire approved scope of the capital project, unless there is prior Division approval in accordance with the following:

1. The bid documents include one or more bid alternates that the school district may opt not to award, provided there is no impact on the educational adequacy or the total costs of a capital project; or

2. The school district demonstrates to the Division that extraordinary circumstances require an award of the entire approved project scope in separate phases, and the school district has demonstrated that adequate funds are available to complete the entire approved project scope.

N.J. Admin. Code § 6A:26-4.8

Amended by R.2004 d.214, effective 6/7/2004.
See: 36 N.J.R. 243(a), 36 N.J.R. 2733(b).
In (a), added the second and third sentences.
Amended by R.2007 d.81, effective 3/19/2007.
See: 38 N.J.R. 4533(a), 39 N.J.R. 899(a).
In (b) and (c), inserted "school" preceding "districts"; in (d), substituted "School districts" for "Districts"; and in (d)1 and (d)2, inserted "school" preceding "district" throughout.
Amended by R.2013 d.145, effective 12/16/2013.
See: 45 N.J.R. 1026(a), 45 N.J.R. 2557(a).
Section was "Bidding and awarding of contracts for non-Authority capital projects". In (a), substituted "and" for a comma following "advertised" twice, "UCC" for "Uniform Construction Code", and "shall" for "may"; in (c), substituted "N.J.A.C. 6A:26-4.9. However, school districts" for "N.J.A.C. 6A:26-4.9, but"; and in (d)1, deleted "that" after "provided".