Current through Register Vol. 56, No. 18, September 16, 2024
(a)
Publicly announced receipt of bids or competitive contracting proposals shall
be considered cancelled when the contracting unit must amend or modify the bid
specifications and cannot meet the requirements of
40A:11-23 and
18A:18A-21. The following
procedures shall be used in the event a contracting unit cancels the receipt of
publicly advertised bids or competitive contracting proposals:
1. All vendors who have either submitted bids
or proposals, or received specifications or request for proposals, shall be
notified by telephone, fax, or e-mail that the receipt thereof has been
cancelled, the reason therefore, and notification regarding the return of the
unopened bids pursuant to this section.
2. The contracting unit shall allow vendors
to retrieve bids or proposals that had been:
i. Submitted at or before the time of
cancellation;
ii. Previously sent
but had not arrived by the time of cancellation; or
iii. For those not picked up by a vendor
within 10 business days of being notified of their availability, the
contracting unit shall return them, unopened, by certified mail or other
delivery service that provides a delivery receipt.
3. On the day and time originally scheduled
for receipt of bids or proposals, a notice shall be posted at the place where
bids were to have been received, stating that the receipt of bids or proposals
has been cancelled. No bids or proposals are to be received at this
time.
4. All advertisements for the
receipt of rescheduled bids or proposals must adhere to the requirements of
40A:11-23 or
18A:18A-21, as appropriate to the
contracting unit for the statutory number of days between notice and when new
bids or proposals can be received.
(b) Publicly announced receipt of bids or
competitive contracting proposals shall be considered postponed when an
unforeseen circumstance occurs that would affect or prohibit the opening of
bids or proposals. The opening of the bids or proposals must occur within five
days, excluding Saturdays, Sundays, and holidays, of the original date of the
receipt of bids or proposals. The following procedures shall be used in the
event a contracting unit must postpone the receipt of publicly advertised bids
or competitive contracting proposals:
1. As
soon as practicable, all vendors who have either submitted bids or proposals,
or received specifications or request for proposals, shall be notified by
telephone, fax, or e-mail that the receipt thereof has been postponed and the
reason therefore.
2. If possible,
on the day and time originally scheduled for receipt of bids or proposals, a
notice shall be posted at the place where bids were to have been received,
stating that the receipt of bids or proposals has been postponed.
3. In the event of a postponement, no bids or
proposals shall be opened.
