A5268

An Act concerning the awarding of county college contracts, amending P.L.1982, c.189 and P.L.2018, c.156, and supplementing chapter 64A of Title 18A of the New Jersey Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 14 of P.L.1982, c.189 (C.18A:64A-25.14) is amended to read as follows:

14. a. All advertisements for bids shall be published in a legal newspaper 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] that date and may be published using electronic procurement practices established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill). The advertisement shall designate the manner of submitting and of receiving the bids , which may be submitted in electronic format or other format designated by the contracting agent, 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 county college shall be sealed and shall be opened only at [such] the time and place as all bids received are unsealed and announced. At [such] the time and place, the contracting agent of the county college 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. A proper record of the prices and terms shall be made. No bids shall be received after the time designated in the advertisement.

b. Notice of revisions or addenda to advertisements or bid documents relating to bids shall be published in a legal newspaper no later than seven days, Saturdays, Sundays and holidays excepted, prior to the bid due date and may be published using electronic procurement practices established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill). The notice shall be provided to any person who has submitted a bid or who has received a bid package, in one of the following ways: (a) in writing by certified mail [or] ; (b) [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] Deleted by amendment (P.L. , c. ) (pending before the Legislature as this bill); (c) by a delivery service that provides certification of delivery to the sender ; or (d) by electronic means, including email, or other electronic format designated by the contracting agent. Failure to advertise or provide proper notification of revisions or addenda to advertisements or bid documents related to bids as prescribed by this section shall prevent the acceptance of bids and require the readvertisement for bids. Failure to obtain a receipt when good faith notice is sent or delivered to the address or [telephone facsimile number] email address on file with the county college shall not be considered failure by the county college to provide notice.

(cf: P.L.2005, c.191, s.3)

2. Section 27 of P.L.1982, c.189 (C.18A:64A-25.27) is amended to read as follows:

27. Any county college may, by resolution of its board of trustees, authorize the sale in the following manner of its personal property not needed for college purposes:

a. If the estimated fair value of the property to be sold exceeds $25,000 or, commencing January 1, 2003, the amount determined pursuant to subsection b. of section 3 of P.L.1982, c. 189 (C. 18A:64A-25.3) in any one sale and the property does not consist of perishable goods, it shall be sold at public sale to the highest bidder.

b. Notice of the date, time and place of the public sale, together with a description of the items to be sold and the conditions of sale shall be published once in a legal newspaper and may be published using electronic procurement practices established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill). Such sales shall be held not less than seven nor more than 14 days after the publication of the notice thereof.

c. Personal property may be sold to the United States, the State of New Jersey, another county college or to any body politic by private sale without advertising for bids.

d. If no bids are received, the property may then be sold at private sale without further publication or notice thereof but in no event at less than the estimated fair value; or the county college may, if it so elects, reoffer the property at public sale. As used herein, "estimated fair value" means the market value of the property if sold by a willing seller to a willing buyer less the cost to the college of continuing to store or maintain such property.

e. A county college may reject all bids if it determines such rejection to be in the public interest. In any case in which the college has rejected all bids, it may readvertise such personal property for a subsequent public sale. If it elects to reject all bids at a second public sale pursuant to this section, it may then sell such personal property without further publication or notice thereof at private sale, provided that in no event shall the negotiated price at the private sale be less than the amount of the highest bid rejected at the preceding two public sales, and provided further that in no event shall the terms or conditions of sale be changed or amended.

f. If the estimated fair value of the property to be sold does not exceed $25,000 or, commencing January 1, 2003, the amount determined pursuant to subsection b. of section 3 of P.L.1982, c.189 (C.18A:64A-25.3) in any one sale or the property consists of perishable goods, it may be sold at private sale without advertising for bids.

g. Notwithstanding the provisions of this section, by resolution of the board of trustees, a purchasing agent may include a sale of personal property no longer needed for county college purposes as part of specifications to offset the price of a new purchase.

h. Notwithstanding the provisions of this section, by resolution of the board of trustees, a county college is authorized to use electronic procurement practices in accordance with the provisions of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) for the sale of personal property pursuant to this section.

(cf: P.L.2001, c.281, s.6)

3. Section 3 of P.L.2018, c.156 (C.40A:11-4.9) is amended to read as follows:

3. As used in P.L.2018, c.156 (C.40A:11-4.7 et al.):

"Director" means the Director of the Division of Local Government Services in the Department of Community Affairs;

"Electronic procurement" means the use of computer technology and the Internet for the advertising and submission of public bids, providing notice of revisions or addenda to advertisements or bid documents, the receipt of proposals and quotations, competitive contracting, the use of reverse auctions, and related practices to assist in determining the lowest responsible bidder or proposer who is most advantageous, price and other factors considered, as appropriate, for goods and services, the sale of personal property, and other public procurement-related activities and services as may be determined appropriate by the director;

"Goods and services" means any work, labor, commodities, equipment, materials, or supplies of any tangible or intangible nature, except real property or any interest therein, provided or performed through a contract awarded by a contracting agent, including goods and property subject to N.J.S.12A:2-101 et seq.;

"Local unit" means a school district as defined in the "Public School Contracts Law," N.J.S.18A:18A-1 et seq., the board of trustees of a county college as defined in the “County College Contracts Law,” P.L.1982, c.189 (C.18A:64A-25.1), or a contracting unit as defined in the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.);

"Public works construction" means any contract that is subject to the "New Jersey Prevailing Wage Act," P.L.1963, c.150 (C.34:11-56.25 et seq.); and

"Real property" shall include, in addition to the usual connotations thereof, development rights or easements, or any right, interest, or estate in the area extending above any real property, or capital improvement thereon, to such a height or altitude as any title, interest, or estate in real property may extend, commonly known as "air rights," and subject to, but not limited to, the "Local Lands and Buildings Law," P.L.1971, c.199 (C.40A:12-1 et seq.).

(cf: P.L.2018, c.156, s.3)

4. (New section) Notwithstanding any provisions of the “County College Contracts Law,” P.L.1982, c.189 (C.18A:64A-25.1 et seq.) to the contrary, a county college may use electronic procurement processes for purposes as may be authorized by the board of trustees of the county college, and subject to the provisions of the “Local Electronic Procurement Act,” P.L.2018, c.156 (C.40A:11-4.7 et al.). The electronic procurement processes to be used by a county college pursuant to this section shall be developed by the Director of the Division of Local Government Services in the Department of Community Affairs by regulations promulgated pursuant to the “Local Unit Electronic Procurement Act.”

5. This act shall take effect on the first day of the seventh month next following the date of enactment.

STATEMENT

This bill expands the use of electronic procurement for public bidding conducted by a county college under the “County College Contracts Law.”

The bill permits a county college to, in addition to publishing bids in a legal newspaper, post advertisements for bids using electronic data or media services, including the Internet. Additionally, the bill permits a county college to receive bids in an electronic format or other format designated by the contracting agent.

The bill also permits a county college to, in addition to publishing revisions or addenda to advertisements or bid documents in a legal newspaper, post the revisions or addenda using electronic data or media services, including the Internet.

Under the bill, a county college is permitted to utilize electronic procurement processes for purposes authorized by the board of trustees and in accordance with the Local Unit Electronic Procurement Act. A county college is required to continue to publish any notices, advertising bids, and requests for proposals required by law in a legal newspaper.

Under current law, a county college is permitted to utilize electronic procurement practices for public works construction contracts.