N.J. Admin. Code § 7:26H-6.5

Current through Register Vol. 56, No. 8, April 15, 2024

Section 7:26H-6.5 - Bidding requirements

(a) The bidder shall submit its bid proposal according to the criteria prescribed in this section. Failure to comply with these requirements shall result in the immediate disqualification of the bid proposal and it shall be returned to the bidder.

(b) The bidder shall sign, where applicable, all bid submissions as follows:

1. For a corporation, by a principal executive officer;

2. For a partnership or sole proprietorship, by a general partner or the proprietor respectively; or

3. A duly authorized representative if:

i. The authorization is made in writing by a person described in (b)1 and 2 above; and

ii. The authorization specifies either an individual or a position having responsibility for the overall operation of the business.

(c) The bidder shall deliver, by hand carry, courier service or mail, the bid proposal in a sealed envelope with the name and address of the bidder and the name of the project written clearly on the outside of the envelope in accordance with the contracting unit's instructions. The receiving official shall stamp the bid proposal with the date and time of delivery.

(d) The contracting unit shall not consider a bid proposal unless it contains each of the following items:

1. A photocopy of bidder's certificate of public convenience and necessity and a photocopy of a document evidencing the bidder's authorization to operate a solid waste business issued pursuant to N.J.S.A. 13:1E-126;

2. A completed questionnaire demonstrating that the bidder has the financial ability, experience, capital and equipment necessary to perform the contract. The bidder shall answer each question fully and completely; failure to answer each question completely or to provide any of the information requested shall result in rejection of the bid proposal. The form and wording of the questionnaire shall be identical to the form and wording in N.J.A.C. 7:26H-6, Appx. A.

3. A bid guarantee made payable to the contracting unit which shall certify that upon the award of the contract, the successful bidder will execute the contract. The bid guarantee shall meet the requirements listed below:

i. The guarantee shall be in the amount of 10 percent of the bid, but not in excess of $ 20,000, and may be given at the option of the bidder, by bid bond, certified check or cashier's check; and

ii. The bid guarantee shall be signed by an authorized agent or representative of the guarantor and not by the individual or company submitting the bid proposal;

4. A non-collusion affidavit which meets the requirements listed below:

i. The bidder certifies that it has not entered into any agreement or participated in any collusion with any other person, corporate entity or government entity, or otherwise taken any action in restraint of free, competitive bidding either alone or with any other person, corporate entity or government entity in connection with the bid proposal;

ii. The bidder certifies that all statements made in the bid proposal are true and correct and made with the full knowledge that the contracting unit relies upon the truth of those statements in awarding the contract;

iii. The bidder certifies that no person or business is employed to solicit or secure the contract in exchange for a commission, percentage brokerage agreement or contingency fee unless such person or business has been registered and licensed by the Department; and

iv. The form and wording of the non-collusion affidavit shall be identical to the form and wording in N.J.A.C. 7:26H-6, Appx. A;

5. A stockholder statement of ownership listing the names and addresses of all stockholders owning 10 percent or more of any class of stock and/or a list of all partners owning 10 percent or more of a partnership interest in the bidder's business. In the event that no stockholder owns 10 percent or more of the corporation's stock, or in the case of a partnership where no partner owns 10 percent or more interest in the partnership, then the preceding need not be completed except to print NONE, the signing of this form is certification to that fact;

6. A consent of surety stating that the surety company will provide the bidder with a performance bond if the bidder is awarded the contract; and

7. The bid proposal forms completed in conformance with the following:

i. Each bidder shall sign each proposal page and shall print neatly the name of the authorized signer and the name of the business entity submitting the bid; and

ii. The form and wording of the bid proposal must be identical to or a reasonable approximation of the form and wording in N.J.A.C. 7:26H-6, Appx. A;

(e) Whenever the contracting unit's work specifications identify a brand name, trade name, or a manufacturer's name, such designations are to be used for classification or descriptive purposes only, and the bidder may provide an equivalent product, subject to the approval of the contracting unit.

(f) No bidder shall change, amend or condition any portion of the bid specifications. The contracting unit shall reject any such bid proposals.

(g) Any discrepancy between a numerical price and a price written in words shall be resolved in favor of the price as written in words. Any discrepancy between the unit price multiplied by the quantity and a corresponding total price figure set forth in the proposal form(s) shall be resolved in favor of a total price reached by multiplying the unit price by the quantity. The corrected total shall be used to determine the award of the contract. After all bid proposals have been read, the bids will be tabulated and adjusted, if necessary, in accordance with this subsection.

(h) The governing body may reserve the right to reject any bid proposal not prepared and submitted in accordance with the provisions of 40A:11-1 et seq. and this subchapter, and to reject any or all bids.

N.J. Admin. Code § 7:26H-6.5

Amended by R.2002 d.356, effective 11/4/2002.
See: 34 N.J.R. 1792(a), 34 N.J.R. 3819(a).
In (d)1, substituted "photo" for "certified" throughout.
Amended by R.2008 d.117, effective 5/5/2008.
See: 39 N.J.R. 4477(a), 40 N.J.R. 2243(a).
In (c), inserted "by hand carry, courier service or mail,"; and in (e), inserted "contracting unit's" and substituted "provide" for "substitute" and "equivalent" for "equal".

Administrative Change, 55 N.J.R. 2003(a), effective 8/23/2023