Current through Register Vol. 56, No. 24, December 18, 2024
(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.
