K-12 · Cooperative Contract SOL-2026-7391
District IDIQ FAQs
Building Automation, HVAC Controls, and Energy Services — Questions and Answers for Participating Districts.
What is this contract, and who awarded it?
SOL-2026-7391 is a cooperative purchasing contract for building automation, HVAC controls, building management systems, and energy services. The Educational Services Commission of Morris County serves as Lead Agency, and the contract is administered through New Jersey Cooperative 26-EDCP by Educational Data Services, Inc. Awards are made separately for each covered county, with up to two vendors per trade per county: a Primary Vendor (lowest weighted average markup) and a Secondary Vendor (next lowest).
Source: SOL-2026-7391, cover pp. 1-3; Specific Conditions Sec. 4.
Does purchasing through this contract satisfy a district’s public bidding requirement?
The contract is established as a cooperative purchasing agreement under N.J.S.A. 18A:18A-11 et seq. (boards of education) and N.J.S.A. 40A:11-11 et seq. (local contracting units), together with N.J.S.A. 52:34-6.2. A participating district may purchase through it in place of conducting its own separate public bid, provided each task order falls within the applicable statutory bid threshold and the contractual task order cap.
Source: SOL-2026-7391, cover p. 2; Task Order Value Cap pp. 17-18.
What work does the contract cover?
Maintenance-trade services for pneumatic, electric/electronic, and Direct Digital Control (DDC) systems, including scheduled preventative maintenance, inspections, repairs, controls work, and related energy services. It is intended for maintenance-trade work rather than capital construction, and the contract provides a functional test for distinguishing the two.
Source: SOL-2026-7391, Scope of Work p. 6; Specific Conditions Sec. 7 (Intent of Contract).
What changed under the new law, P.L. 2025, c.180 (S3041)?
The law governs how cooperative purchasing may be used for prevailing-wage public works. It prohibits time-and-materials (T&M) pricing through cooperative purchasing for such work and instead permits IDIQ structures. As a result, all pricing under this contract is firm fixed price (FFP) lump sum; hourly, unit-price, and other time-based or rate-based methods are not permitted.
Source: SOL-2026-7391, Specific Conditions p. 13 (citing P.L. 2025, c.180).
Does this contract comply with New Jersey’s new cooperative purchasing law, S3041 (P.L. 2025, c.180), effective March 23, 2026?
Yes. The solicitation was issued in compliance with P.L. 2025, c.180 (S3041), which was signed into law on December 23, 2025 and took effect March 23, 2026. The contract is built around the law’s requirements: it uses the Indefinite Delivery / Indefinite Quantity (IDIQ) structure the law permits for cooperative purchasing of prevailing-wage public works, prices all work as firm fixed price lump sum rather than time-and-materials (which the law prohibits for such work), and incorporates a dedicated S3041 Compliance Addendum governing pricing, prevailing wage, and certified payroll. The Lead Agency is expressly subject to the law’s compliance and enforcement provisions.
Source: SOL-2026-7391, cover p. 2 and Specific Conditions p. 13; S3041 Compliance Addendum. Statute signed December 23, 2025; effective March 23, 2026.
With no unit-price catalog, how is the price for a job determined?
Each job is priced as a firm fixed price lump sum. Labor is the New Jersey DOL prevailing wage rate multiplied by the vendor’s awarded markup (Fully Burdened Rate = Prevailing Wage Rate x (1 + Markup%)). Materials are priced from the RSMeans (by Gordian) baseline plus the awarded material markup. The awarded markups are binding ceiling rates for the full contract term.
Source: SOL-2026-7391, Specific Conditions Sec. 3D and 3E, pp. 15-16.
How are emergencies handled?
The vendor must respond within two hours during the normal workweek and within four hours after hours, on weekends, and on holidays. Emergency work is still priced as a firm fixed price lump sum, not T&M; stabilization may be verbally authorized by an authorized official, with written documentation to follow and the firm price submitted within five business days.
Source: SOL-2026-7391, Specific Conditions Sec. 9 p. 22; Emergency Task Order Procedures Sec. 4 p. 33; S3041 Compliance Addendum Sec. D p. 36.
How long is the contract in effect, and can it be renewed?
The initial term runs from June 10, 2026 through December 1, 2027. The Lead Agency may, at its discretion, renew the contract for up to two additional one-year periods, subject to annual appropriation.
Source: SOL-2026-7391, Specific Conditions Sec. 5 and Sec. 6, p. 18.



