SENATE STATE GOVERNMENT, WAGERING, TOURISM & HISTORIC PRESERVATION COMMITTEE

STATEMENT TO

SENATE, No. 3137

with committee amendments

STATE OF NEW JERSEY

DATED:  DECEMBER 17, 2018

      The Senate State Government, Wagering, Tourism and Historic Preservation Committee reports favorably and with committee amendments Senate Bill No. 3137.

     As amended by the committee, this bill would require public contracting agencies that contract for the construction of public works to use electronic procurement technologies for public works construction projects when a project’s value exceeds $5,000,000.  These entities include those subject to the “Public School Contracts Law,” N.J.S.A.18A:18A-1 et seq.; the “State College Contracts Law,” N.J.S.A.18A:64-52 et seq.; the “County College Contracts Law,” N.J.S.A.18A:64A-25.1 et seq.; N.J.S.A.52:18A-235 et seq. (the schools development authority law), the “Local Public Contracts Law,” N.J.S.A.40A:11-1 et seq.; and chapters 32, 33, and 34 of Title 52 of the Revised Statutes (the State and its agencies and instrumentalities).

     The bill requires the State Treasurer to promulgate regulations to effectuate the electronic procurement of public works as required by the bill.  The regulations must set forth each of the steps the treasurer deems appropriate to be taken by each public contracting unit when a public works project project’s value exceeds $5,000,000.  The regulations must also create a procedure to be followed by a public contracting unit for the awarding of a contract for the administration of the electronic procurement process, and all aspects of electronic procurement.

     The regulations must also require that a contractor or vendor seeking a contract for public works under the bill be classified with the Division of Property Management and Construction in the Department of the Treasury, or be prequalified by the Department of Transportation, New Jersey Transit, or the New Jersey Turnpike Authority, prior to submitting a bid.

     The regulations must also require certain bidding components specified in the bill.

     The regulations promulgated by the treasurer must also set qualifications to be met by firms providing electronic procurement processes under the bill.

COMMITTEE AMENDMENTS:

      The committee amended the bill to:

      (1) eliminate the requirement for contracts to have a “single prime bids” component; and

      (2) allow contractors or vendors to be eligible to submit a bid if they are prequalified by the Department of Transportation, New Jersey Transit, or the New Jersey Turnpike Authority prior to submitting a bid.