ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, No. 217

STATE OF NEW JERSEY

ADOPTED JUNE 3, 1996

Sponsored 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. a. The commissioner shall advertise for bids on the work and materials covered by the plans and specifications for [each project] a transportation project or transportation-related facility.

      (1) The advertisement shall be by public notice published for at least [3] three weeks before bids 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 or transportation project or transportation-related facility are located, and in one other newspaper in Trenton, and may be inserted in one or more American engineering periodicals.

      (2) The advertisements shall give a brief description of the work [and materials] required, specify where plans and specifications can be seen or had, the hour, date, and place where the sealed [proposals] bids will be received and publicly opened and read, and such other pertinent information as the commissioner may include.

      b. The commissioner shall advertise for bids or proposals that encompass both the design and work of a transportation project or transportation-related facility.

      (1) The advertisement shall be by public notice published for at least six 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 or transportation project or transportation-related facility are located, and in one other newspaper in Trenton, and may be inserted in one or more American engineering periodicals.

      (2) The advertisements shall give a brief description of the design and work required, specify where additional information can be seen or had, the hour, date and place where sealed bids or proposals will be publicly received and such other pertinent information as the commissioner may include.

      c. The commissioner shall promulgate, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations pertinent to the implementation of the provisions of this section within one year of the effective date of P.L. 199 , c. (now before the Legislature as this bill). The regulations shall establish procedures and objective criteria to be followed by the department when it undertakes a procurement for design and work and shall include, but not be limited to, the procedures pertaining to the preparation, submission, receipt of proposals, and evaluation of proposals and the award of contracts.

(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 on the work and materials that are not in accord with the advertisement of specifications[, or] and any or all bids or proposals on design and work that are not in accord with the advertisement. In addition, the commissioner may reject any or all bids or proposals 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 who has submitted the lowest responsive bid. The commissioner shall award a contract which encompasses both the design and work on a transportation project or 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 publicly disclosed factors are considered.

(cf: R.S.27:7-30)

      3. This act shall take effect immediately.

Amends procedures for the procurement of design, construction and other services by DOT.