Bill Text: NJ A4166 | 2016-2017 | Regular Session | Introduced
Bill Title: Creates State Procurement Study Commission.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-09-19 - Introduced, Referred to Assembly State and Local Government Committee [A4166 Detail]
Download: New_Jersey-2016-A4166-Introduced.html
Sponsored by:
Assemblyman ERIC HOUGHTALING
District 11 (Monmouth)
Assemblywoman JOANN DOWNEY
District 11 (Monmouth)
SYNOPSIS
Creates State Procurement Study Commission.
CURRENT VERSION OF TEXT
As introduced.
An Act creating a study commission to review the State procurement process and recommend improvements thereto.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. There is created a State Procurement Study Commission. The purpose of the study commission shall be to review the State procurement process and recommend improvements thereto. The study commission shall consider:
(1) the oversight of contracts and contract management;
(2) the level of transparency present in the awarding of contracts;
(3) the required professional training for those responsible for procurement, including training of staff on various financial and other systems;
(4) the current degree of purchasing flexibility;
(5) overall vendor performance; and
(6) the utilization of technology in the current procurement process and the incorporation of new technology and software therein.
Specifically, the study commission shall address:
(1) whether the responsibilities for those charged with managing contracts are clearly outlined in an accessible way, such as in a contract administration manual, whether there exists a consistent method of tracking contract performance, and whether managers are accountable for the success of a contract;
(2) whether responsibilities are delegated in a way which promotes effective task-completion, whether there are detailed goals and objectives as they relate to the State and its agency customers, and whether progress on meeting those goals is reported in a way which can offer opportunities to address successes or shortcomings thereon;
(3) whether staff involved in the procurement process receive training conducive to developing a current and relevant knowledge-base and skill set;
(4) whether there is sufficient planning before sourcing and procurement formally begins, including whether market and risk analyses are being conducted to align business objectives and expectations;
(5) whether this State's procurement laws allow for innovation, whether the Division of Purchase and Property seeks new ideas for procurement methods, and whether there is open dialogue and the opportunity for constructive feedback between the division and its purchasing agency customers; and
(6) whether procurement staff and information technology personnel collaborate effectively, especially as it relates to ensuring that solicitations might reflect the industry trends, allow for flexibility, and fit the State's current and future needs, whether the procurement process has been sufficiently modernized to incorporate as much digital and automated technology as practicable, and whether technology is being used to improve results, particularly through analyzing data, managing vendors and agencies, and facilitating communication between all participating parties.
The study commission shall recommend ways to improve each of the aforementioned, as well as ways to implement those recommendations, in its final report.
b. The study commission shall consist of seven members as follows:
The State Treasurer who shall serve ex officio, or a designee;
The Director of the Division of Purchase and Property who shall serve ex officio, or a designee;
The Chief Technology Officer of the Office of Information Technology who shall serve ex officio, or a designee;
The Chief Executive Officer of the New Jersey Economic Development Authority who shall serve ex officio, or a designee; and
Three members who shall be private citizens, who shall be appointed by the Governor, with the advice and consent of the Senate, and who shall not hold elective public office while serving as a member of the commission. One shall be an individual with expertise in the State procurement process; one shall be an individual with expertise in technology; and one shall be an individual with expertise in business administration.
Vacancies in the membership of the study commission shall be filled in the same manner provided for the original appointments.
c. All appointments to the study commission shall be made not later than the 30th day after the operative date of this act. The study commission shall convene its first meeting within 15 days following the date on which the last of its members has been appointed.
The State Treasurer, or the Treasurer's designee, shall serve as chairperson of the study commission. The commission shall select a vice chairperson who shall be a member of the commission. A majority of the authorized membership of the study commission shall constitute a quorum for the transaction of any business.
The chairperson may appoint a secretary who need not be a member of the commission. The Department of the Treasury shall provide professional and clerical support to the study commission.
The members shall serve without compensation. The three members who are private citizens shall be reimbursed for expenses incurred in the performance of their duties within the limits of funds appropriated or made available for such a purpose.
The commission shall be entitled to call to its assistance and avail itself of the services of the employees of any State department, board, bureau, commission or agency as it may require and as may be available to it for its purposes.
d. The study commission shall issue a final report on its findings and recommendations to the Governor, and the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), within ten months from the date of its first meeting. Following the issuance of its final report, the study commission shall convene at the call of the chairperson to consider and respond to any written request submitted to it by a legislator or officer or employee of the Executive Branch of State government on any item set forth in its report.
e. The study commission shall expire six months after the date of issuance of its final report.
2. This act shall take effect immediately.
STATEMENT
This bill creates the State Procurement Study Commission. The purpose of the study commission shall be to review the State procurement process and recommend improvements thereto. The study commission is to consider:
(1) the oversight of contracts and contract management;
(2) the level of transparency present in the awarding of contracts;
(3) the required professional training for those responsible for procurement, including training of staff on various financial and other systems;
(4) the current degree of purchasing flexibility;
(5) overall vendor performance; and
(6) the utilization of technology in the current procurement process and the incorporation of new technology and software therein.
Specifically, the study commission is to address:
(1) the clarity of the expectations of those charged with managing contracts, the method of tracking contract performance, and the accountability of managers for the success of a contract;
(2) the delegation of responsibilities generally, the specificity of goals and objectives as they relate to agency customers, and the reporting of progress on meeting those goals;
(3) the training of staff regarding ongoing development of a current and relevant knowledge-base and skill set;
(4) the planning before sourcing and procurement formally begins, including the performance of market and risk analyses;
(5) the innovation encouraged by this State's procurement laws, the pursuit of new ideas for procurement methods by the Division of Purchase and Property, and the nature of the dialogue between the division and its agency customers; and
(6) the collaborative effort of procurement staff and information technology personnel as it relates to ensuring that solicitations reflect industry trends, allow for flexibility, and fit the State's current and future needs, the modernization of the procurement process as regards technology, and the use of that technology to improve results, analyze data, manage vendors and agencies, and facilitate communication between all parties.
The study commission is to recommend ways to improve each of the aforementioned aspects of the State procurement process, as well as ways to implement those recommendations, in its final report.
The study commission will consist of seven members as follows: the State Treasurer, the Director of the Division of Purchase and Property, the Chief Technology Officer of the Office of Information Technology, and the Chief Executive Officer of the New Jersey Economic Development Authority, who shall each serve ex officio, and three members who are to be private citizens, appointed by the Governor with the advice and consent of the Senate, and who may not hold elective public office while serving on the commission. One of the three appointed members is to be an individual with expertise in the State procurement process; one is to be an individual with expertise in technology; and one is to be an individual with expertise in business administration.
The study commission will issue a final report on its findings and recommendations to the Governor and the Legislature within ten months from the date of its first meeting. Following the issuance of its final report, the study commission will convene at the call of the chairperson to consider and respond to any written request submitted to it by a legislator or Executive Branch officer or employee on any item set forth in its report.
The study commission will expire six months after the date of issuance of its final report.
