[First Reprint]

SENATE, No. 1114

 

STATE OF NEW JERSEY

 

INTRODUCED MAY 9, 1996

 

 

By Senator EWING

 

 

An Act concerning State college contracts and amending P.L.1986, c.43.

 

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

 

    1. Section 3 of P.L.1986, c.43 (C.18A:64-54) is amended to read as follows:

    3. a. Any purchase, contract or agreement for the performance of any work or the furnishing or hiring of materials or supplies, the cost or price of which, together with any sums expended for the performance of any work or services in connection with the same project or the furnishing of similar materials or supplies during the same fiscal year, paid with or out of college funds, does not exceed the total sum of [$7,500.00] 1[$25,000] $17,7001 or, commencing January 1,[1985] 1997, the amount determined pursuant to subsection b. of this section, in any fiscal year may be made, negotiated and awarded by a contracting agent, when so authorized by resolution of the board of trustees of the State college without public advertising for bids and bidding therefor.

    b. Commencing January 1, [1985] 1997 and every two years thereafter, the Governor, in consultation with the Department of the Treasury, shall adjust the threshold amount set forth in subsection a. of this section in direct proportion to the rise or fall of the Consumer Price Index for all urban consumers in the New York and Northeastern New Jersey and the Philadelphia areas, as reported by the United States Department of Labor. The adjustment shall become effective on July 1 of the year in which it is reported.

    c. Any purchase, contract or agreement made pursuant to this section may be awarded for a period of 12 consecutive months, notwithstanding that the 12-month period does not coincide with the fiscal year.

(cf: P.L.1994, c.48, s.110)

 

    2. Section 4 of P.L.1986, c.43 (C.18A:64-55) is amended to read as follows:

    4. Every contract or agreement for the performance of any work or the furnishing or hiring of any materials or supplies, the cost or the contract price of which is to be paid with or out of college funds, not included within the terms of section 3 of this article, shall be made and awarded only by the State college after public advertising for bids and bidding therefor, except as provided otherwise in this article or specifically by any other law. No work, materials or supplies shall be undertaken, acquired or furnished for a sum exceeding in the aggregate[$7,500.00] 1[$25,000] $17,7001 or, commencing January 1, [1985] 1997, the amount determined pursuant to subsection b. of section 3 of [this act] P.L.1986, c.43 (C.18A:64-54), except by written contract or agreement.

(cf: P.L.1986, c.43, s.4)

 

    3. Section 6 of P.L.1986, c.43 (C.18A:64-57) is amended to read as follows:

    6. Any purchase, contract, or agreement may be made, negotiated or awarded by a State college without public advertising for bids and bidding therefor, notwithstanding that the cost or contract price will exceed[$7,500.00] 1[$25,000] $17,7001 or, commencing January 1, [1985] 1997, the amount determined pursuant to subsection b. of section 3 of [this act] P.L.1986, c.43 (C.18A:64-54), when an emergency affecting the health, safety or welfare of occupants of college property requires the immediate delivery of the materials or supplies or the performance of the work, if the purchases, contracts or agreements are awarded or made in the following manner:

    a. A written requisition for the performance of the work or the furnishing of materials or supplies, certified by the employee in charge of the building, facility or equipment where the emergency occurred, is filed with the contracting agent or his deputy in charge describing the nature of the emergency, the time of its occurrence, and the need for invoking this section. The contracting agent, or his deputy in charge, being satisfied that the emergency exists, is authorized to award a contract for the work, materials or supplies.

    b. Upon the furnishing of the work, materials or supplies in accordance with the terms of the contract or agreement, the contractor furnishing the work, materials or supplies is entitled to be paid therefor and the State college is obligated for the payment.

    c. The board of trustees may prescribe rules and procedures to implement the requirements of this section.

(cf: P.L.1986, c.43, s.6)

    4. Section 27 of P.L.1986, c.43 (C.18A:64-78) is amended to read as follows:

    27. Any college may, by resolution of its board of trustees, authorize the sale in the following manner of its personal property not needed for college purposes:

    a. If the estimated fair value of the property to be sold exceeds[$7,500.00] 1[$25,000] $17,7001 or, commencing January 1,[1985] 1997, the amount determined pursuant to subsection b. of section 3 of [this act] P.L.1986, c.43 (C.18A:64-54), in any one sale and the property does not consist of perishable goods, it shall be sold at public sale to the highest bidder.

    b. Notice of the date, time and place of the public sale, together with a description of the items to be sold and the conditions of sale, shall be published once in a legal newspaper. Sales shall be held not less than seven nor more than 14 days after the publication of the notice thereof.

    c. Personal property may be sold to the United States, the State of New Jersey, another college or to any body politic by private sale without advertising for bids.

    d. If no bids are received, the property may then be sold at private sale without further publication or notice thereof but in no event at less than the estimated fair value; or the State college may, if it so elects, reoffer the property at public sale. As used herein, "estimated fair value" means the market value of the property if sold by a willing seller to a willing buyer less the cost to the college of continuing to store or maintain the property.

    e. A State college may reject all bids if it determines a rejection to be in the public interest. In any case in which the college has rejected all bids, it may readvertise the personal property for a subsequent public sale. If it elects to reject all bids at a second public sale pursuant to this section, it may then sell the personal property without further publication or notice thereof at private sale, but in no event shall the negotiated price at the private sale be less than the amount of the highest bid rejected at the preceding two public sales, nor shall the terms or conditions of sale be changed or amended.

    f. If the estimated fair value of the property to be sold does not exceed[$7,500.00] 1[$25,000] $17,7001 or, commencing January 1, [1985] 1997, the amount determined pursuant to subsection b. of section 3 of [this act] P.L.1986, c.43 (C.18A:64-54), in any one sale or the property consists of perishable goods, it may be sold at private sale without advertising for bids.

(cf: P.L.1986, c.43, s.27)

 

    5. This act shall take effect immediately.


 

Raises state college bidding threshold to $17,700.