18A:64-76.1 Advertisements by contracting agent for bids; award of contracts.
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2. a. Whenever the entire cost for the construction, alteration or repair of any building by a State college will exceed the amount determined pursuant to subsection b. of section 3 of P.L.1986, c.43 (C.18A:64-54), the contracting agent shall advertise for and receive in the manner provided by law:
(1)separate bids for branches of work in the following categories:
(a)the plumbing and gas fitting work;
(b)the refrigeration, heating and ventilating systems and equipment;
(c)the electrical work, including any electrical power plants, tele-date, fire alarm, or security systems;
(d)the structural steel and ornamental iron work;
(e)general construction, which shall include all other work and materials required for the completion of the project, or
(2)bids for all work and materials required to complete the entire project if awarded as a single contract, or
(3)both
(1)and
(2)above.
In the case of separate bids under paragraph
(1)or
(3)of this subsection, prime contractors for categories
(a)through
(d)shall not be required to name subcontractors in their bid. In the case of a single bid under paragraph
(2)or (3), all bids submitted shall set forth the names and license numbers of all subcontractors to whom the general contractor will subcontract the work described in the foregoing categories
(a)through (d). Subcontractors who furnish non-specialty trade work pursuant to category
(e)in paragraph
(1)of this subsection or subcontractors who furnish work to named subcontractors pursuant to categories
(a)through
(d)in paragraph
(1)of this subsection shall not be named in the bid. Notwithstanding the foregoing provisions of this subsection, a State college may choose to require in its bid specification that a subcontractor shall be named in a bid when, in the case of paragraph (1), separate bids for each category, the work of that subcontractor exceeds 35 percent of the State college's estimated amount of value of the work, which shall be set forth in the bid specification.
b. Contracts shall be awarded to the lowest responsible bidder whose bid, conforming to the invitation for bids, will be the most advantageous to the State college, except that a bid may be disqualified due to prior negative experience pursuant to the provisions of section 10 of P.L.2021, c.417 (C.18A:64-70.1). Whenever two or more bids of equal amounts are the lowest bids submitted by responsible parties, the college may award the contract to any of the parties, as, in its discretion, it may determine.
L.1992, c.61, s.2; amended 2005, c.369, s.13; 2012, c.59, s.2; 2021, c.417, s.8.