§2 - Note

P.L. 1997, CHAPTER 243, approved September 5, 1997

Assembly, No. 1706 (Third Reprint)

An Act concerning certain notifications relating to bidding on local public contracts 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. ³a.³ 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 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 days prior to that date.

    ³b.³ 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.

    ³[¹Except as provided below, 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 five days, Saturdays, Sundays and holidays excepted, prior to the date for acceptance of bids.¹]

    c.³ Notice of revisions or addenda to advertisements or bid documents ³[relating to ¹construction¹ bids shall be ¹[received by] sent to¹ any person who has submitted a bid or who has received a bid package ¹or who has filed a notification request with the governing body of the contracting unit¹, no later than ¹[five] seven¹ 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]. Such notification shall be made in writing by certified mail, return receipt requested, by facsimile transmission with return facsimile receipt, or by next day delivery carrier¹[; 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]¹. ²Such revisions or addenda to advertisements or bid documents shall not increase the total cost of the contract.²] shall be provided as follows:

    1) For all contracts except those for construction work and municipal solid waste collection and disposal service, notice shall be published no later than five days, Saturdays, Sundays, and holidays excepted, prior to the date for acceptance of bids, in an official newspaper of the contracting unit and be provided to any person who has submitted a bid or who has received a bid package, in one of the following ways: i) in writing by certified mail or ii) by certified facsimile transmission, meaning that the sender's facsimile machine produces a receipt showing date and time of transmission and that the transmission was successful or iii) by a delivery service that provides certification of delivery to the sender.

    2) For all contracts for construction work, notice shall be provided no later than seven days, Saturday, Sundays, or holidays excepted, prior to the date for acceptance of bids, to any person who has submitted a bid or who has received a bid package in any of the following ways: i) in writing by certified mail or ii) by certified facsimile transmission, meaning that the sender's facsimile machine produces a receipt showing date and time of transmission and that the transmission was successful or iii) by a delivery service that provides certification of delivery to the sender.

    3) For municipal solid waste collection and disposal contracts, notice shall be published in an official newspaper of the contracting unit and in at least one newspaper of general circulation published in the State no later than five days, Saturdays, Sundays, and holidays excepted, prior to the date for acceptance of bids.

    d.³ 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 ³pursuant to subsection a. of this section. Failure to obtain a receipt when good faith notice is sent or delivered to the address or telephone facsimile number on file with the contracting unit shall not be considered failure by the contracting unit to provide notice³.

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

    2. This act shall take effect ¹[immediately] on the first day of the fourth month next following enactment¹.

Changes notice requirements for revisions or addenda to advertisements relating to bids or bid documents under "Local Public Contracts Law."