Most of what vendors treat as a checklist is conditional, and the conditions are where bids are actually lost. Three of the four rows below turn on something other than the bidder: what the specification asked for, what the contract is worth, and when in the sequence the document is owed.
- Business registration
- Due before award, not at bid openingN.J.S.A. 52:32-44, as amended by P.L.2009, c.315. The duty attaches where a single contract exceeds fifteen percent of the agency's bid threshold, or where a year's contracts together do — $2,625, $5,850 or $7,950 today. It is due before a contract, purchase order or other contracting document is awarded or authorised. It stopped being a mandatory bid item when P.L.2009, c.315 deleted subsection f from 40A:11-23.2. In an emergent situation the proof follows within two weeks of execution, and no payment is made until it arrives. The aggregate limb is the trap: a vendor doing repeated small jobs for one town can cross the line without any single job crossing it.
- The five mandatory bid items
- When required by the bid plans and specificationsThat opening condition is part of the rule and belongs in the same sentence as the list. N.J.S.A. 40A:11-23.2 names a bid guarantee, a certificate from a surety company, a statement of corporate ownership, a listing of subcontractors, and an acknowledgement of addenda. Proof of business registration was a sixth item until 2009. An item is a fatal defect when the specification called for it, and not otherwise.
- Bid security and bonding
- For services, a specification choice rather than a commandN.J.S.A. 40A:11-21 makes a guarantee mandatory only for work on a building or structure over $100,000; for any other advertised contract a contracting unit may provide that a bidder furnish one, at ten percent of the bid, capped at $20,000, at the bidder's option by certified check, cashier's check or bid bond. N.J.S.A. 18A:18A-24 is permissive on its face for every contract. The sharp edge is 18A:18A-25: where the specifications call for a surety bond, a certificate from a surety company is due at bid time — so the surety relationship has to exist before the bid, not after the award.
- Affirmative action and equal employment opportunity
- Three documents, after notification of award and before executionN.J.A.C. 17:27-3.5(a)1 sets the requirement and the timing; 17:27-4.3(b) directs the agency to rescind the award on failure. Read 17:27-4.5's four-or-fewer-employee exemption carefully — it runs to subcontractors, while 17:27-4.1 says all vendors, so a prime bidder with one employee has no exemption. The fee and the validity period are at 17:27-4.6, not 4.5. This chapter text was adopted 4 August 2017 and the chapter was readopted in 2024, so check the current Register before relying on the fee.