N.J. Admin. Code § 6A:27-9.10

Current through Register Vol. 56, No. 21, November 4, 2024

Section 6A:27-9.10 - Awarding contracts

(a) Contracts shall be awarded to the lowest responsible bidder by formal action of the district board of education during a public meeting.

1. The district board of education meeting minutes authorizing the award of a contract shall include the contractor's name, route numbers, and individual route costs of all bidders who submitted bids.

2. A contract that is not awarded to the lowest bidder shall be accompanied by a statement by the district board of education's attorney justifying the contract award.

(b) The district board of education shall not delegate its power to enter into a transportation contract.

(c) The district board of education shall not consider bids that do not include a separate cost for adjusting the contract.

(d) The district board of education shall not consider unsolicited alternate bids for award.

(e) Any award of a contract made by a district board of education after advertisement shall be according to the terms advertised to prospective bidders. Each bidder shall be compelled to conform to every substantial condition imposed upon other bidders.

(f) After a contract has been awarded, a bidder cannot be relieved from conforming to the conditions imposed in the specifications and cannot substitute something that does not conform to the specifications.

(g) A district board of education shall not reject the lowest bid upon the ground that the bidder is not responsible without giving him or her a hearing upon the facts. To determine that a bidder is not responsible, the district board of education after notice and a public hearing must find as a fact that the bidder is so lacking in experience, financial ability, equipment, and facilities to justify that he or she would be unable to carry out the contract, if awarded.

(h) The lack of ability upon the part of a contractor to work in harmony or the district board of education's inability to enforce the terms of a previous contract cannot be controlling factors in determining the bidder's responsibility. Disputes involving controverted questions of fact with reference to the performance of a previous contract do not constitute grounds for declaring a bidder irresponsible, if the disputed matters can be taken care of under a contract properly safeguarding the public interest with a contractor who is financially responsible.

(i) A district board of education may disqualify a bidder who would otherwise be determined to be the lowest responsible bidder for a student transportation contract, if the district board of education finds that it has had prior negative experience with the bidder. The disqualification shall be for a reasonable, defined period of time not to exceed three years, and shall be made by resolution approved by majority of the district board of education.

1. Prior negative experience may be any one of the following:

i. The bidder has been determined to be "nonperforming" under a student transportation contract after a hearing that shall include the bidder, the superintendent, and the executive county superintendent. The executive county superintendent shall make a determination as to nonperformance, which may be appealed to the Commissioner.

(1) To facilitate the executive county superintendent's determination, the district board of education shall submit to the executive county superintendent all documentation in support of its position that the bidder is "nonperforming." The district board of education also shall provide a copy of the documentation to the bidder.

(2) The bidder shall have 14 days from receipt of the district board of education's submission to submit a written response to the executive county superintendent.

(3) If the executive county superintendent determines there are no facts in dispute, the executive county superintendent's determination as to nonperformance may be decided summarily based on the submissions in writing by the district board of education and the bidder.

(4) If the executive county superintendent determines there are facts in dispute, he or she shall hold a hearing in accordance with N.J.S.A. 18A:39-11.3.

(5) The executive county superintendent shall issue a written decision within seven days of the hearing or submission by the bidder;

ii. The bidder defaulted on a transportation contract requiring the district board of education to utilize the services of another contractor to complete the contract;

iii. The bidder defaulted on a transportation contract requiring the district board of education to look to the bidder's surety for completion of the contract or tender of the costs of completion; or

iv. The bidder has at least a 10 percent ownership in any contractor that had prior negative experience with the district board of education.

N.J. Admin. Code § 6A:27-9.10

Amended by R.2010 d.085, effective 6/7/2010.
See: 41 N.J.R. 4004(a), 42 N.J.R. 1029(a).
Added (g).
Amended by R.2013 d.121, effective 10/7/2013.
See: 45 N.J.R. 606(a), 45 N.J.R. 2245(a).
In the introductory paragraph of (a), substituted "during" for "in"; in (a)1, substituted "a contract" for "contracts" and inserted a comma following "numbers"; in (d), deleted "upon him or her" following "imposed"; and rewrote (e) and (g).

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