ASSEMBLY, No. 1218

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman AUGUSTINE

An Act concerning certain municipal bid advertisement requirements and amending P.L.1971, c.198.

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

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

    23. Advertisements for bids; bids; general requirements. All advertisements for bids shall be published in a legal newspaper sufficiently in advance of the date fixed for receiving the bids to promote competitive bidding, but in no event less than 10 days prior to such date; except that all advertisements for bids on contracts for the collection and disposal of municipal solid waste and recyclables shall be published in a legal newspaper circulating in the county or municipality, and in at least one newspaper of general circulation published in the State, sufficiently in advance of the date fixed for receiving the bids to promote competitive bidding, but not less than [60] 30 days prior to that date.

    The advertisement shall designate the manner of submitting and the method of receiving the bids and the time and place at which the bids will be received. If the published specifications provide for receipt of bids by mail, those bids which are mailed to the contracting unit shall be sealed and shall only be opened for examination at such time and place as all bids received are unsealed and announced. At such time and place the contracting agent of the contracting unit shall publicly receive the bids, and thereupon immediately proceed to unseal them and publicly announce the contents, which announcement shall be made in the presence of any parties bidding or their agents, who are then and there present, and shall also make proper record of the prices and terms, upon the minutes of the governing body, if the award is to be made by the governing body of the contracting unit, or in a book kept for that purpose, if the award is to be made by other than the governing body, and in such latter case it shall be reported to the governing body of the contracting unit for its action thereon, when such action thereon is required. No bids shall be received after the time designated in the advertisement.

    Notice of revisions or addenda to advertisements or bid documents relating to bids shall, no later than five days, Saturdays, Sundays and holidays excepted, prior to the date for acceptance of bids, be published in a legal newspaper and be made available by notification in writing by certified mail to any person who has submitted a bid or who has received a bid package; except that notice of revisions or addenda to advertisements or bid documents relating to bids on contracts for the collection and disposal of municipal solid waste shall be published in a legal newspaper circulating in the county or municipality, and in at least one newspaper of general circulation published in the State, no later than 5 days, Saturdays, Sundays and holidays excepted, prior to the date for acceptance of bids.

    Failure of the contracting unit to advertise for the receipt of bids or to provide proper notification of revisions or addenda to advertisements or bid documents related to bids as prescribed by this section shall prevent the contracting unit from accepting the bids and require the readvertisement for bids.

(cf: P.L.1991, c.381, s.50)

    2. This act shall take effect immediately.

STATEMENT

    This bill would require municipalities to publish notices to bid for solid waste and recyclable materials collection and disposal at least 30 days prior to the date fixed for receiving such bids. The sponsor believes that the current 60-day notice to bid period is excessive and unduly burdensome on municipalities and that a 30-day period would be more reasonable. The bill specifically amends section 23 of P.L.1971, c.198 (C.40A:11-23) to set forth the collection and disposal of recyclables as contracts to which the 30-day notice to bid requirement would apply.

Requires publication of 30-day notice to bid by municipalities for solid waste and recyclable collection contracts.