[Second Reprint]

ASSEMBLY, No. 182

STATE OF NEW JERSEY

INTRODUCED FEBRUARY 15, 1996

By Assemblyman KAVANAUGH

An Act concerning the purchase of goods and services by the State and other contracting entities ²[and] ,² supplementing P.L.1954, c.48 (C.52:34-6 et seq.), ²[chapter 34 of Title 52 of the Revised Statutes,] and amending² P.L.1971, c.198 ²[(C.40A:11-1 et seq.), chapter 18A of Title 18A of the New Jersey Statutes] , P.L.1977, c.114² , P.L.1986, c.43 ²[(C.18A:64-52 et seq.)]², and P.L.1982, c.189 ²[(C.18A:64A-25.1 et seq.)]².

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

    1. (New section) Notwithstanding the provisions of P.L.1954, c.48 (C.52:34-6 et seq.) to the contrary, and as an alternative to the procedures concerning the awarding of public contracts pursuant to that act, the Director of the Division of Purchase and Property in the Department of the Treasury may purchase goods and services, for State agencies and for the entities defined in section 1 of P.L.1959, c.40 (C.52:27B-56.1), from the Federal Supply Schedules of the Federal General Services Administration as permitted by the "Federal Acquisition Streamlining Act of 1994," Pub.L.No.103-355, and regulations adopted pursuant to that law and by the rules and regulations which the director may promulgate pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

    2. (New section) Notwithstanding the provisions of any other law to the contrary, and as an alternative to the procedures concerning the awarding of public contracts pursuant to the applicable statutes, the State authorities authorized to contract independently under various provisions of State law may, without advertising for bids, or having rejected all bids obtained pursuant to advertising, purchase goods and services from the Federal Supply Schedules of the Federal General Services Administration as permitted by the "Federal Acquisition Streamlining Act of 1994," Pub.L.No.103-355, and regulations adopted pursuant to that law and by the rules and regulations which the authority may adopt.

    ²[3. Notwithstanding the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.), to the contrary, and as an alternative to the procedures concerning the awarding of public contracts pursuant to that act, the governing body may, without advertising for bids, or having rejected all bids obtained pursuant to advertising, purchase goods and services from the Federal Supply Schedules of the Federal General Services Administration as permitted by the "Federal Acquisition Streamlining Act of 1994," Pub.L.No.103-355, and regulations adopted pursuant to that law and by the rules and regulations which the governing body may adopt.]²

    ²[4. Notwithstanding the provisions of the "Public School Contracts Law," N.J.S.18A:18A-1 et seq., to the contrary, and as an alternative to the procedures concerning the awarding of public contracts pursuant to that act, the board of education may, without advertising for bids, or having rejected all bids obtained pursuant to advertising, purchase goods and services from the Federal Supply Schedules of the Federal General Services Administration as permitted by the "Federal Acquisition Streamlining Act of 1994," Pub.L.No.103-355, and regulations adopted pursuant to that law and by the rules and regulations which the board of education may adopt.]²

    ²[5. Notwithstanding the provisions of the "State College Contracts Law," P.L.1986, c.43 (C.18A:64-52 et seq.), to the contrary, and as an alternative to the procedures concerning the awarding of public contracts pursuant to that act, the board of trustees may, without advertising for bids, or having rejected all bids obtained pursuant to advertising, purchase goods and services from the Federal Supply Schedules of the Federal General Services Administration as permitted by the "Federal Acquisition Streamlining Act of 1994," Pub.L.No.103-355, and regulations adopted pursuant to that law and by the rules and regulations which the board of trustees may adopt.]²

    ²[6. Notwithstanding the provisions of the "County College Contracts Law," P.L.1982, c.189 (C.18A:64A-25.1 et seq.), to the contrary, and as an alternative to the procedures concerning the awarding of public contracts pursuant to that act, the county college may, without advertising for bids, or having rejected all bids obtained pursuant to advertising, purchase goods and services from the Federal Supply Schedules of the Federal General Services Administration as permitted by the "Federal Acquisition Streamlining Act of 1994," Pub.L.No.103-355, and regulations adopted pursuant to that law and by the rules and regulations which the county college may adopt.]²

    ²3. Section 12 of P.L.1971, c.198 (C.40A:11-12) is amended to read as follows:

    12. a. Any contracting unit under this act may without advertising for bids, or having rejected all bids obtained pursuant to advertising therefor, purchase any materials, supplies, goods, services or equipment under any contract or contracts for such materials, supplies, goods, services or equipment entered into on behalf of the State by the Division of Purchase and Property in the Department of the Treasury.

    b. A contracting unit may also use, without advertising for bids, or having rejected all bids obtained pursuant to advertising, the Federal Supply Schedules of the General Services Administration as permitted by the "Federal Acquisition Streamlining Act of 1994," Pub.L. 103-355, and federal regulations adopted thereunder.

    c. Whenever a purchase is made, the contracting unit shall place its order with the vendor offering the lowest price, including delivery charges, that best meets the requirements of the contracting unit. Prior to placing such an order, the contracting unit shall document with specificity that the materials, supplies, goods, services or equipment selected best meet the requirements of the contracting unit.²

(cf: P.L.1971, c.198, s.12)

    ²4. Section 1 of P.L.1977, c.114 (C.18A:18A-10) is amended to read as follows:

    1. a. A board of education, without advertising for bids, or after having rejected all bids obtained pursuant to advertising therefor, may purchase any materials, supplies, goods, services or equipment pursuant to a contract or contracts for such materials, supplies , goods, services or equipment entered into on behalf of the State by the Division of Purchase and Property.

    b. A board of education may also use, without advertising for bids, or having rejected all bids obtained pursuant to advertising, the Federal Supply Schedules of the General Services Administration as permitted by the "Federal Acquisition Streamlining Act of 1994," Pub.L. 103-355, and federal regulations adopted thereunder.

    c. Whenever a purchase is made, the board of education shall place its order with the vendor offering the lowest price, including delivery charges, that best meets the requirements of the board of education. Prior to placing such an order, the board of education shall document with specificity that the materials, supplies, goods, services or

equipment selected best meet the requirements of the board of education.²

(cf: P.L.1977, c.114, s.1)

    ²5. Section 9 of P.L.1986, c.43 (C.18A:64-60) is amended to read as follows:

    9. a. Any State college, without advertising for bids, or after having rejected all bids obtained pursuant to advertising therefor, may purchase any materials, supplies, goods, services or equipment pursuant to a contract or contracts for those materials, supplies, goods, services or equipment entered into on behalf of the State by the Division of Purchase and Property.

    b. A State college may also use, without advertising for bids, or having rejected all bids obtained pursuant to advertising, the Federal Supply Schedules of the General Services Administration as permitted by the "Federal Acquisition Streamlining Act of 1994," Pub.L. 103-355, and federal regulations adopted thereunder.

    c. Whenever a purchase is made, the State college shall place its order with the vendor offering the lowest price, including delivery charges, that best meets the requirements of the State college. Prior to placing such an order, the State college shall document with specificity that the materials, supplies, goods, services or equipment selected best meet the requirements of the State college.²

(cf: P.L.1986, c.43, s.9)

    ²6. Section 9 of P.L.1982, c.189 (C.18A:64A-25.9) is amended to read as follows:

    9. a. Any county college, without advertising for bids, or after having rejected all bids obtained pursuant to advertising therefor, may purchase any materials, supplies, goods, services or equipment pursuant to a contract or contracts for such materials, supplies , goods, services or equipment entered into on behalf of the State by the Division of Purchase and Property.

     b. A county college may also use, without advertising for bids, or having rejected all bids obtained pursuant to advertising, the Federal Supply Schedules of the General Services Administration as permitted by the "Federal Acquisition Streamlining Act of 1994," Pub.L. 103-355, and federal regulations adopted thereunder.

    c. Whenever a purchase is made, the county college shall place its order with the vendor offering the lowest price, including delivery charges, that best meets the requirements of the county college. Prior to placing such an order, the county college shall document with specificity that the materials, supplies, goods, services or equipment selected best meet the requirements of the county college.²

(cf: P.L.1982, c.189, s.9)

    7. ²(New section)² a. Notwithstanding the provisions of any other law to the contrary ²except the provisions of R.S.30:4-95², and as an alternative to the procedures concerning the awarding of public contracts provided in P.L.1954, c.48 (C.52:34-6 et seq.), the Director of the Division of Purchase and Property in the Department of the Treasury may enter into cooperative purchasing agreements with one or more other states, or political subdivisions thereof, for the purchase of goods and services. A cooperative purchasing agreement shall allow the jurisdictions which are parties thereto to standardize and combine their requirements for the purchase of a particular good or service into a single contract solicitation which shall be competitively bid and awarded by one of the jurisdictions on behalf of jurisdictions participating in the contract.

    b. The director may elect to purchase goods or services through a contract awarded pursuant to a cooperative purchasing agreement whenever the director determines this to be the most cost- effective method of procurement. Prior to entering into any contract to be awarded through a cooperative purchasing agreement, the director shall review and approve the specifications and proposed terms and conditions of the contract.

    c. The director may solicit bids and award contracts on behalf of this State and other jurisdictions which are parties to a cooperative purchasing agreement provided that the agreement specifies that each jurisdiction participating in a contract is solely responsible for the payment of the purchase price and cost of purchases made by it under the terms of any contract awarded pursuant to the agreement.

    d. The director may promulgate rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), which are necessary to effectuate the purposes of this section.

    8. This act shall take effect immediately ¹, however, sections 1 through 6 shall remain inoperative until promulgation of the federal General Services Administration regulations¹ .

Permits State, authorities, public colleges, local governments, and school districts to purchase goods and services through Federal Supply Schedules, and permits State to enter into certain cooperative purchasing agreements.