Current through Register Vol. 56, No. 18, September 16, 2024
(a) Specifications drawn for purposes of
competitive bidding shall be drafted in a manner designed to encourage free,
open, and competitive bidding. Specifications shall not knowingly discriminate,
or exclude prospective bidders by reason of the impossibility of performance or
bidding by any one bidder. The bid specifications shall be definite, precise,
impose common standards, and protect against discrimination in accordance with
N.J.S.A.
10:5-31et seq. When bid specifications are
formed to deter rather than to invite genuine competition, an award to the
favored bidder shall be set aside.
(b) Any revisions to the bid specifications
shall be furnished to all prospective bidders and shall not restrict
competitive bidding. Modifications to the specifications shall not invalidate
the award of a contract to the successful bidder when it appears that all such
bulletins were received by all prospective and actual bidders in advance of the
submission of bids. If a district board of education finds it has made in good
faith a mistake in its specifications that cannot be corrected, bids shall be
rejected and re-advertised.
(c)
Variations from the bid specifications required by this subchapter shall be
reasonable and are subject to review by the Commissioner.
(d) Bid specifications shall contain a number
to identify each bid and language that requires contractors to comply with all
current applicable State and Federal laws pertaining to student transportation.
Bid specifications shall be prepared to include, but not be limited to, the
subchapter's requirements.
1. The bid
specifications shall include a separate route description for each individual
route to and from school.
i. A route is a
selected or an established course of travel by a vehicle with definite stops
for the purpose of loading and unloading students. A route for the
transportation of general education public school students shall be described
from the first bus stop to the destination listing each street traveled and the
schedule for arriving and departing.
ii. A route for the transportation of
students with disabilities, vocational school students, and nonpublic school
students shall be described listing, at a minimum, each bus stop, the schedule
for arriving and departing, and the vehicle capacity. The statement "the
direction of the vehicle from the last stop shall be along the safest most
direct route to the destination" shall also be included in the route
description. In addition, it shall include language that requires the
successful bidder to submit to the district board of education, within 10 days
of the start of the contract, a description of the actual streets
traveled.
iii. Transportation
routes shall be arranged so buses transverse highways that serve the largest
number of students within a reasonable time limit and at a minimum
cost.
2. The trip
description for school-related activities transportation shall include the
vehicle type and capacity and may include, but not be limited to, the following
criteria to define the basis of the bid:
i.
The destination(s);
ii. The time of
departure and return;
ii. The need
for special equipment and instructions;
iv. The need for an aide; and
v. The number of vehicles required per
trip.
3. The bid
specifications shall state that the district board of education reserves the
right to change the route or trip upon approval of the executive county
superintendent. If any change results, adjustment in the contract price shall
be made in accordance with the bid.
4. The specifications shall include language
that describes the following district board of education requirements:
i. Procedures for a change in route or trip
schedule and emergency school closings;
ii. The cancellation of the
contract;
iii. The limits of
automobile liability insurance to be provided by the contractor;
iv. The types of bid guarantee and
performance surety bond to be provided by the contractor;
v. The term of the contract, including
payment terms;
vi. The need for
specialized equipment or restrictions due to student classification, if
applicable;
vii. The criteria to be
used to award a contract in the case of a tied bid;
viii. A copy of the school calendar for
routes to and from school; and
ix. A
statement of disclosure of political contributions in accordance with
N.J.S.A.
19:44A-20.13et seq.
5. The bid specifications also shall include
language that prohibits the subcontracting of contracts without prior written
approval of the district board of education and, with the exception of
contracts awarded on a per student basis, the commingling of students unless
authorized to do so by the district board of education through the joint
transportation agreement process.
6.
District boards of education may include penalty language for noncompliance
with the terms of the contract.
(e) The district board of education shall
include language that directs bidders to submit the following documents and
forms prescribed by the Commissioner to be made part of the bid specifications
and the contract:
1. A bid sheet for
transportation to and from school shall contain a provision for the bid to be
made on a per diem or per annum basis, and on a per route basis, for general
education public students, nonpublic students, and students with disabilities.
In addition to being bid on a per route basis, transportation for students with
disabilities outside the school district may also be bid on a per vehicle, per
student, or per mile basis;
i. The bid sheet
shall identify each route to be bid and include a separate cost for adjusting
the contract. Cost adjustments on a per mile basis are required for regular
public and nonpublic school routes and in-district special education routes,
and on a per mile, per student, or per vehicle basis for out-of-district
special education routes. The cost of adjusting the contract shall be the same
whether it is being increased or decreased.
ii. Routes that require an aide shall be bid
on a per diem basis.
iii. The bid
sheet shall include a separate provision for the per diem cost for each aide to
be assigned to the route.
iv. If an
aide is not required at the time of the bid, but the district board of
education has decided to obtain an aide cost in case an aide is needed at a
later date, the bid specifications shall include such language. The aide cost
shall not be used if the need for the aide is unknown when determining the low
bidder.
v. The per diem cost of
adding or removing an aide shall be the same.
vi. The bid sheet may include a separate
provision to request bulk and combination bids.
vii. Except for school-related activities
transportation, bids that do not include an adjustment provision shall not be
considered by the district board of education.
2. The bid sheet for school-related
activities transportation shall include a provision for bids to be made on an
hourly rate per vehicle or a per trip rate per vehicle, and shall include a
separate provision for an aide cost, if required.
i. The bid sheet shall contain an
identification number for each bid solicited on an hourly rate per vehicle or a
per trip rate per vehicle.
ii. The
bid sheet shall contain a separate provision for adjusting the contract on a
per hour or per mile basis if an adjustment is solicited by the district board
of education.
3. A
business registration certificate;
4. A bidder's questionnaire and consent of
surety;
5. A statement of ownership
disclosure;
6. An affirmative
action questionnaire;
7. A
non-collusion affidavit;
8. Proof
of the ability to obtain automobile liability insurance coverage required by
the specifications; and
9. A
Coordinated Transportation Services Agency membership
form.
