GOODS
AND SERVICES BID SPECIFICATIONS:
A GUIDE FOR NEW JERSEY LOCAL PUBLIC AGENCIES
(Yellow Book)
Second
Edition, January 2005
PREFACE
Although all
bid documents are a matter of law and policy determined by local
officials of the contracting unit, there has long been a call to
standardize "Instructions to Bidders and Statutory Requirements"
or what is generally known as "boilerplate" language.
General instructions and required language are the precursors to
the essential part of all bid documents, the “Technical Specifications.”
The basic elements of all journalism — who, what, where, when
and how — are translated into the business language of public
procurement and published as a document commonly referred to as
SPECIFICATIONS, BID PACKAGE, REQUEST FOR PROPOSALS or BID PROPOSAL.
The difficulty
of developing ideal or standard language is compounded by the nature
and variety of bids, i.e., construction, service or materials, as
well as the many different types of contracting units, i.e., counties,
municipalities, local commissions, and local authorities. When adapting
these guidelines for your agency's use, you must consider these
differences. Be sure to review the Supplemental Information, (previously
known as the Notes on the Instructions to Bidders) and the Standard
Bid Document Reference sections for detailed information and sample
documents. Please remember that the statutory references used in
this Guide are those of the Local Public Contracts Law (N.J.S.A.
40A:11-1 et seq.). If the law governing your contracting unit differs,
you may need to add, modify, or delete statutory provisions.
The recommended
language and statutory requirements are current as of this printing.
You are urged to periodically review literature for updates and
amendments. We recommend that all bid documents and revisions be
reviewed by your attorney for legal compliance.
The eleven sections
of Instructions to Bidders are considered the basic elements of
general bid instructions and incorporate generally accepted public
procurement practice. It is not suggested that these are the only
sections needed by a contracting unit. However, they are the foundation
on which specifications can be built. |