New Jersey Administrative Code
Title 6A - EDUCATION
Chapter 27 - STUDENT TRANSPORTATION
Subchapter 9 - CONTRACTING FOR TRANSPORTATION SERVICES
Section 6A:27-9.3 - Bid specifications

Universal Citation: NJ Admin Code 6A:27-9.3

Current through Register Vol. 56, No. 24, December 18, 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. 10:5-31 et 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-20.13 et 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.

Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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