[Second Reprint]

ASSEMBLY, No. 4461

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED JULY 30, 2020

 

 

Sponsored by:

Assemblywoman  PAMELA R. LAMPITT

District 6 (Burlington and Camden)

Assemblywoman  MILA M. JASEY

District 27 (Essex and Morris)

Assemblywoman  ANNETTE QUIJANO

District 20 (Union)

Senator  M. TERESA RUIZ

District 29 (Essex)

Senator  SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

 

Co-Sponsored by:

Assemblywoman Jimenez, Assemblyman Rooney, Assemblywomen Downey, Swain, Assemblymen Tully, Chiaravalloti, Assemblywoman Pinkin, Assemblyman Mejia, Assemblywoman Speight, Senators Pou and Addiego

 

 

 

 

SYNOPSIS

     Requires State to enter into contract and coordinate with certain cooperative purchasing systems for procurement of COVID-19 related goods and services by school districts and county colleges.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly Appropriations Committee on August 24, 2020, with amendments.

  


An Act concerning 2[a State contract] contracts2 for the purchase of COVID-19 related materials by school districts 2and county colleges2.

 

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

 

     1.    a.  Notwithstanding any provision of law, rule, or regulation to the contrary, the Director of the Division of Purchase and Property in the Department of the Treasury, in consultation with the Commissioner of 2[the Department of]2 Education, shall award a contract or contracts, in accordance with the provisions of chapter 34 of Title 52 of the Revised Statutes, 2and coordinate with the lead agency of any State-approved cooperative purchasing system that includes one or more boards of education, including those systems established pursuant to the “Public Schools Contracts Law,” N.J.S.18A:18A-1 et seq., or the “Local Public Contracts Law,” P.L.1971, c.198 (C.40A:11-1 et seq.),2 for the procurement of COVID-19 related goods and services, as specified by the commissioner, that aid in meeting the COVID-19 guidelines issued by the 2United States2 Centers for Disease Control and Prevention.  The director, in consultation with the commissioner, may make awards to multiple bidders in accordance with section 1 of P.L.1986, c.26 (C.52:34-12.1).  Advertised bidding shall not be required to award a contract or contracts to obtain those goods and services necessary to address the public exigency when the Division of Purchase of Property provides preapproval.

     b.    The board of education of a school district, without advertising for bids, or after having rejected all bids obtained pursuant to advertising therefor, may purchase COVID-19 related goods and services, upon adoption of a resolution, through the contract or contracts for such goods and services entered into by the Division of Purchase and Property pursuant to the provisions of subsection a. of this section 2or made available through a State-approved cooperative purchasing system of which the board of education is a member2.

     c.     The Department of Education shall coordinate the purchase of COVID-19 related goods and services by school districts that seek to purchase the goods and services in accordance with subsection b. of this section. 

     d.    As used in this section:

     “Board of education” means and includes the board of education of any local school district, consolidated school district, regional school district, county vocational school and any other board of education or other similar body, other than the State Board of Education, the 1[Commission on] Office of the Secretary of1 Higher Education or the Presidents' Council, established and operating under the provisions of Title 18A of the New Jersey Statutes and having authority to make purchases and to enter into contracts for the provision or performance of goods or services.  The term "board of education" also shall include the board of trustees of a charter school established under P.L.1995, c.426 (C.18A:36A-1 et seq.) 1and the board of trustees of a renaissance school established pursuant to P.L.2011, c.176 (C.18A:36C-1 et seq.)1.

     “School district” means a local or regional school district established pursuant to chapter 8 or chapter 13 of Title 18A of the New Jersey Statutes, a county special services school district established pursuant to article 8 of chapter 46 of Title 18A of the New Jersey Statutes, a county vocational school district established pursuant to article 3 of chapter 54 of Title 18A of the New Jersey Statutes, and a district under full State intervention pursuant to P.L.1987, c.399 (C.18A:7A-34 et al.).  1The term “school district” shall also include a charter school established under P.L.1995, c.426 (C.18A:36A-1 et seq.) and a renaissance school established pursuant to P.L.2011, c.176 (C.18A:36C-1 et seq.).1

 

     22.   a.  Notwithstanding any provision of law, rule, or regulation to the contrary, the Director of the Division of Purchase and Property, in consultation with the Secretary of Higher Education, shall award a contract or contracts, in accordance with the provisions of chapter 34 of Title 52 of the Revised Statutes, and coordinate with the lead agency of any State-approved cooperative purchasing system that includes one or more county colleges, including those systems established pursuant to the “County College Contracts Law,” P.L.1982, c.189 (C.18A:64A-25.1 et seq.), or the “Local Public Contracts Law,” P.L.1971, c.198 (C.40A:11-1 et seq.), for the procurement of COVID-19 related goods and services, as specified by the secretary, that aid in meeting the COVID-19 guidelines issued by the United States Centers for Disease Control and Prevention.  The director, in consultation with the secretary, may make awards to multiple bidders in accordance with section 1 of P.L.1986, c.26 (C.52:34-12.1).  Advertised bidding shall not be required to award a contract or contracts to obtain those goods and services necessary to address the public exigency when the Division of Purchase of Property provides preapproval.

     b.    The board of trustees of a county college, without advertising for bids, or after having rejected all bids obtained pursuant to advertising therefor, may purchase COVID-19 related goods and services, upon adoption of a resolution, through the contract or contracts for such goods and services entered into by the Division of Purchase and Property pursuant to the provisions of subsection a. of this section or made available through a State-approved cooperative purchasing system of which the county college is a member.

     c.     The Office of the Secretary of Higher Education shall coordinate the purchase of COVID-19 related goods and services by county colleges that seek to purchase the goods and services in accordance with subsection b. of this section.2

 

     2[2.] 3.2     This act shall take effect immediately and shall expire on July 1, 2022.