Bill Text: NJ A947 | 2014-2015 | Regular Session | Introduced
Bill Title: Requires release of bid list prior to bid date under "Local Public Contracts Law."
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Enrolled - Dead) 2015-11-09 - 2nd Reading in the Assembly on Concur. w/Gov.'s Recommend. [A947 Detail]
Download: New_Jersey-2014-A947-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Assemblyman TROY SINGLETON
District 7 (Burlington)
Co-Sponsored by:
Assemblymen Burzichelli and Schaer
SYNOPSIS
Requires release of bid list prior to bid date under "Local Public Contracts Law."
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning certain local public contracts and amending P.L.1971, c.198.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 23 of P.L.1971, c.198 (C.40A:11-23) is amended to read as follows:
23. a. All advertisements for bids shall be published in an official newspaper of the contracting unit sufficiently in advance of the date fixed for receiving the bids to promote competitive bidding, but in no event less than 10 days prior to such date; except that all advertisements for bids on contracts for the collection and disposal of municipal solid waste shall be published in an official newspaper of the contracting unit circulating in the county or municipality, and in at least one newspaper of general circulation published in the State, sufficiently in advance of the date fixed for receiving the bids to promote competitive bidding, but not less than 60 days prior to that date. For all contracts, the date fixed for receiving the bids shall not fall on a Monday, or any day directly following a State or federal holiday.
b. The advertisement shall designate the manner of submitting and the method of receiving the bids and the time and place at which the bids will be received. If the published specifications provide for receipt of bids by mail, those bids which are mailed to the contracting unit shall be sealed and shall only be opened for examination at such time and place as all bids received are unsealed and announced. At such time and place the contracting agent of the contracting unit shall publicly receive the bids, and thereupon immediately proceed to unseal them and publicly announce the contents, which announcement shall be made in the presence of any parties bidding or their agents, who are then and there present, and shall also make proper record of the prices and terms, upon the minutes of the governing body, if the award is to be made by the governing body of the contracting unit, or in a book kept for that purpose, if the award is to be made by other than the governing body, and in such latter case it shall be reported to the governing body of the contracting unit for its action thereon, when such action thereon is required. No bids shall be received after the time designated in the advertisement.
c. Notice of revisions or addenda to advertisements or bid documents shall be provided as follows:
1) For all contracts except those for construction work and municipal solid waste collection and disposal service, notice shall be published no later than seven days, Saturdays, Sundays, and holidays excepted, prior to the date for acceptance of bids, in an official newspaper of the contracting unit and be provided to any person who has submitted a bid or who has received a bid package, in one of the following ways: i) in writing by certified mail or ii) by certified facsimile transmission, meaning that the sender's facsimile machine produces a receipt showing date and time of transmission and that the transmission was successful or iii) by a delivery service that provides certification of delivery to the sender.
2) For all contracts for construction work, notice shall be provided no later than seven days, Saturdays, Sundays, or holidays excepted, prior to the date for acceptance of bids, to any person who has submitted a bid or who has received a bid package in any of the following ways: i) in writing by certified mail or ii) by certified facsimile transmission, meaning that the sender's facsimile machine produces a receipt showing date and time of transmission and that the transmission was successful or iii) by a delivery service that provides certification of delivery to the sender. Notwithstanding section 1 of P.L.1995, c.23 (C.47:1A-1.1) concerning the confidentiality of government records containing information which, if disclosed, would give an advantage to competitors or bidders, when three or more parties have received bid documents, upon request by any person the contracting unit shall make available the names of all parties who have received the bid documents. This information shall be made available in a timely manner and in accordance with P.L.1963, c.73 (C.47:1A-1 et seq.). Alternatively, if the contracting unit maintains its own website, the contracting unit may post the information on that site.
3) For municipal solid waste collection and disposal contracts, notice shall be published in an official newspaper of the contracting unit and in at least one newspaper of general circulation published in the State no later than seven days, Saturdays, Sundays, and holidays excepted, prior to the date for acceptance of bids.
d. Failure of the contracting unit to advertise for the receipt of bids [or], to provide proper notification of revisions or addenda to advertisements or bid documents related to bids, or to provide the names of all parties receiving the bid documents to any requesting person or by posting that information on its website, as prescribed by this section shall prevent the contracting unit from accepting the bids and require the readvertisement for bids pursuant to subsection a. of this section. Failure to obtain a receipt when good faith notice is sent or delivered to the address or telephone facsimile number on file with the contracting unit shall not be considered failure by the contracting unit to provide notice.
(cf: P.L.2007, c.4, s.1)
2. This act shall take effect on the first day of the fourth month next following enactment.
STATEMENT
This bill amends the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.) to provide that once three or more parties have received bid documents, the local contracting unit would be required to release the names of all parties who have received bid documents, upon request.
The local contracting unit would be required to make the information available in a timely manner and in accordance with P.L.1963, c.73 (C.47:1A-1 et seq.). Alternatively, if the contracting unit maintains its own website, the contracting unit may post the information on that site. Failure to release or post the information would prevent the contracting unit from accepting bids and require the readvertisement of bids.
The purpose of this bill is to allow subcontractors, including minority owned and women owned subcontracting businesses, to have timely access to bidders on public projects so that they can submit subcontracting bids to those bidders for the purpose of enabling those bidders to put together their lowest possible bids to the benefit of the local contracting unit. Under the current system, if the names of the parties who have received bid documents is not released or made public, then only subcontractors specifically contacted by a bidder are able to submit bids on subcontracting work. By expanding the pool of subcontractors vying for a job, the cost should be reduced and the bidder able to submit a lower cost proposal. The bill would also help ensure that minority and women owned subcontracting businesses get fair opportunity to compete for work on public projects.
