The Northern Region Educational Services Commission was established in accordance with N.J.S.A. 18A:6-52 and as such is considered a “district” as defined in N.J.S.A. 18A:18A-2.d of the Public School Contracts Law. In accordance with N.J.S.A. 18A:18A-5.b, districts may enter into contracts with the Commission without bidding; and, according to N.J.S.A. 18A:18A-37.a, solicitation of quotations is not required to award contracts with the Commission. In addition, districts may contract with the Commission to provide any and all services in accordance with N.J.S.A. 6-63.a. Finally, Federal regulation, 34CFR80.36, provides that contracts funded with Federal grants shall be awarded following the same procedures for awarding contracts using nonfederal funds, that is, the procedures listed in the New Jersey Public School Contracts Law.

Following are excerpts of the Federal and State statutes and regulations cited above (underlines added for emphasis).

N.J.S.A. 18A:18A-2.d: “District” means and includes any local school district, consolidated school district, regional school district, county vocational school and any other board of education or other similar body other than the State board, established under the provision of Title 18A of the New Jersey Statutes.

N.J.S.A. 18A:18A-5: Any contract, the amount of which exceeds the bid threshold, shall be negotiated and awarded by the board of education by resolution at a public meeting without public advertising for bids and bidding thereof if…b. It is to be made and entered into with the United States of America, the State of New Jersey, county or municipality or any board, body, officer, agency, authority or board of education or any other state or subdivision thereof.