ASSEMBLY, No. 217
STATE OF NEW JERSEY
INTRODUCED MAY 6, 1996
By Assemblymen DeCROCE and BODINE
An Act concerning procedures for the procurement of design, construction and other services by the Department of Transportation, amending Chapter 7 of Title 27 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.27:7-29 is amended to read as follows:
27:7-29 The commissioner shall advertise for bids or proposals on the work [and materials] or the design and work [covered by the plans and specifications for] of each transportation project or transportation-related facility.
The advertisement shall be by public notice published for at least [3] three weeks before bids or proposals on the contract may be received, at least once a week in each of two newspapers printed in the county or counties where the roads are located, and in one other newspaper in Trenton, and may be inserted in one or more American engineering periodicals.
The advertisements shall give a brief description of the work [and materials] or the design and work required, specify where[the plans and specifications] additional information can be seen or had, the hour, date, and place where the sealed bids or proposals will be received [and publicly opened and read], and such other pertinent information as the commissioner may include.
Notwithstanding any provisions of this section to the contrary, the commissioner may: (1) award a contract without advertising when (a) the contract is to be made with the Federal government or with any agency, authority, department, board or commission of the State or any political subdivision thereof; or (b) public exigency requires immediate performance of the work or the design and work; and (2) procure design and other technical or professional services, in whole or in part, without advertising, in any manner the commissioner deems effective to promote full and free competition whenever the commissioner determines that competition is practicable to procure such services.
The commissioner may promulgate, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary for the implementation of the provisions of this section.
(cf: P.L.1977, c.67, s.1)
2. R.S. 27:7-30 is amended to read as follows:
27:7-30 The commissioner may reject any or all bids or proposals not in accord with the advertisement [of specifications] for bids or proposals, or for any other irregularity, or may reject any or all bids or proposals if the price for the work or [materials] the design and work is excessively above the estimated cost, or for any other cause. The [state highway engineer] commissioner shall prepare a list of the bids or proposals, including any rejected and the cause therefor [, and the]. The commissioner shall award [the] a contract for work on a transportation project or transportation-related facility to the [lowest] responsible bidder or proposer who has submitted the lowest responsive bid or proposal. The commissioner shall award a contract which encompasses both the design and work on a transportation project or for a transportation-related facility to the responsible bidder or proposer whose bid or proposal, conforming to the advertisement for bids or proposals, will be most advantageous to the State, when price and other factors are considered.
(cf: R.S. 27:7-30)
3. This act shall take effect immediately .
STATEMENT
This bill amends procedures set forth in sections 29 and 30 of Chapter 7 of Title 27 used by the Department of Transportation for the procurement of design, construction and other services necessary for transportation projects and transportation-related facilities. The purpose of these amendments is to clarify and enhance the department's ability to award one contract for both the design and construction of transportation projects and transportation-related facilities. Such combined bidding is sometimes referred to as "design/build." This method of procurement offers the prospect of substantially reducing the amount of time it takes to bring transportation public works projects to completion.
Under current law, the department is not authorized to waive advertising on construction contracts. The department's ability to respond quickly to emergencies would be enhanced if it had the ability to forego advertising in the case of emergencies. This bill provides that authority. Additionally, this bill explicitly codifies into Title 27 that the department may waive advertising when entering into contracts with other public entities; both the Department of the Treasury and the New Jersey Transit Corporation already have these waiver powers.
The amendments further provide that the commissioner would be authorized to award contracts for work on a transportation project or for procurement of transportation-related facilities to the responsible bidder or proposer who has submitted the lowest responsive bid or proposal. A "design/build" contract would be awarded to the responsible bidder or proposer whose bid or proposal, conforming to the advertisement for bids or proposals, is the most advantageous to the State, price and other factors considered. The amendments also eliminate the current requirement that proposals be publicly opened and read.
Amends procedures for the procurement of design, construction and other services by DOT.