Sponsored by:
Assemblyman EDWARD H. THOMSON
District 30 (Monmouth and Ocean)
Assemblywoman AURA K. DUNN
District 25 (Morris and Somerset)
SYNOPSIS
Requires State to purchase personal protective equipment from in-State companies.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the purchase of personal protective equipment by the State and supplementing chapter 32 of 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 law, rule, or regulation 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 personal protective equipment that is publicly advertised for bids, the director or the head of a State agency shall award the contract to the responsible bidder that has its principal place of business in the State and whose bid, conforming to the invitation for bids, will be most advantageous to the State, price and other factors considered.
Any specifications for the provision or performance of goods or services under this section 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.
Nothing in this act shall be construed to limit the State and State agencies from purchasing personal protective equipment during periods of public exigency, pursuant to section 5 of P.L.1954, c.48 (C.52:34-10).
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.
“Personal protective equipment” means protective clothing, helmets, goggles, masks, or other garments or equipment designed to protect the wearer's body from injury or infection.
The State Treasurer shall
adopt such rules and regulations, pursuant to the “Administrative Procedure
Act, P.L.1968, c.410 (C.52:14B-1 et seq.), as may be necessary to implement the
provisions of this section.
2. This act shall take effect immediately.
STATEMENT
Personal protective equipment (PPE) is protective clothing, helmets, goggles, masks, or other garments or equipment designed to protect the wearer's body from injury or infection. The State has had to increase its purchase of PPE during the public health emergency and state of emergency due to the COVID-19 pandemic. PPE has been critical for medical and emergency services workers during the COVID-19 pandemic. Other essential workers, such as grocery store employees and warehouse workers, have also benefitted from the use of PPE.
This bill requires the State to purchase PPE from in-State companies. If no responsible and advantageous bidder having its principal place of business in this State has submitted a bid for a contract, the contract will be awarded to the out-of-State bidder that would be most advantageous to the State, price and other factors considered. This bill would not require PPE to be purchased from in-State companies during public emergencies when the immediate delivery of supplies is necessary.