Bill Text: NJ A444 | 2022-2023 | Regular Session | Introduced
Bill Title: Provides preference for in-State businesses in State contracting.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-01-11 - Introduced, Referred to Assembly State and Local Government Committee [A444 Detail]
Download: New_Jersey-2022-A444-Introduced.html
STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Assemblyman EDWARD H. THOMSON
District 30 (Monmouth and Ocean)
SYNOPSIS
Provides preference for in-State businesses in State contracting.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act providing a preference for in-State businesses in State contracting and supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Notwithstanding the provisions of any other law to the contrary, whenever the Director of the Division of Property Management and Construction, the Director of the Division of Purchase and Property, or the head of any State agency shall consider bids on any contract for the purchase of goods or services that is publicly advertised for bids, the director or the head of a State agency shall list the bidders in order based upon which bid, conforming to the invitation for bids, would be most advantageous to the State, price and other factors considered. If the first bidder on the list has its principal place of business in this State it shall be awarded the contract. If no bidder having its principal place of business in this State has submitted a bid that is within five percent of the bid submitted by the bidder at the top of the list that has its principal place of business outside of this State, the contract shall be awarded to the bidder at the top of the list. If the first bidder on the list has its principal place of business outside of this State and a bidder that has its principal place of business in this State is on the list and has submitted a bid that is within five percent of the bid submitted by the bidder at the top of the list that has its principal place of business outside of this State, the contract shall be awarded to that in-State bidder.
Any specifications for the provision or performance of goods or services under this act shall be drafted in a manner to encourage free, open and competitive bidding.
Any specification which knowingly excludes prospective bidders by reason of the impossibility of performance, bidding or qualifications by any but one bidder shall be null and void and of no effect.
As used in this section, "State agency" means any principal department in the Executive Branch of State government, and any division, board, bureau, office, commission or other instrumentality within or created by such department, and any independent State authority, commission, instrumentality or agency, other than in the Legislative or Judicial Branches of State government, which is authorized by law to award public contracts.
The State Treasurer shall adopt such rules and regulations as may be necessary to implement the provisions of this section pursuant to the "Administrative Procedure Act, P.L.1968, c.410 (C.52:14B-1 et seq.).
2. This act shall take
effect immediately.
STATEMENT
This bill provides that whenever bids are considered on any State contract for the purchase of goods or services that is publicly advertised for bids the bidders shall be listed in order based upon which bid, conforming to the invitation for bids, would be most advantageous to the State, price and other factors considered. If the first bidder on the list has its principal place of business in this State it shall be awarded the contract. If no bidder having its principal place of business in this State has submitted a bid that is within five percent of the bid submitted by the bidder at the top of the list that has its principal place of business outside of this State, the contract will be awarded to the bidder at the top of the list. If the first bidder on the list has its principal place of business outside of this State and a bidder that has its principal place of business in this State is on the list and has submitted a bid that is within five percent of the bid submitted by the bidder at the top of the list that has its principal place of business outside of this State, the contract will be awarded to that in-State bidder.
The bill permits large State contracts to be unbundled to allow New Jersey businesses who may not have the capacity to compete for the entire award an opportunity to compete for part of the award. Plans and specifications for the provision of goods or services under this bill will be drafted in a manner to encourage free, open and competitive bidding.
