reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 33 - TAX COLLECTION ADMINISTRATION › Subchapter 4 - MORTGAGE ESCROW ACCOUNT TRANSACTIONS › Section 5:33-4.8 - Duplicate tax bill fees; appeals for reimbursement of fee charged; freezing of duplicate fee charges

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The maximum charge
				for an individual, mortgagee, servicing organization, or property tax processing
				organization requesting an initial duplicate copy of a tax bill is $ 5.00. The fee
				for each subsequent copy of the tax bill for the same tax year requested by the same
				person or organization shall not exceed $ 25.00. The actual amount shall be set by
				municipal ordinance.
(b) Duplicate bill
				fees set by the governing body that are in effect as of March 1 of each year shall
				remain in effect until June first of the succeeding year. Fees may be changed during
				the year, but shall not take effect until the following June 1.
(c) If a mortgagee, servicing organization, or
				property tax processing organization wishes to appeal the charges required for a
				duplicate copy of a tax bill, it may request the Director to direct the tax
				collector to make a refund of an amount paid for a duplicate copy of a tax bill in
				accordance with the following procedure:
1. The
				requestor shall make the request on the Request for Review form (ME-5).
2. The submission shall include all necessary
				explanations and documentation, including correspondence and the reasons why the
				charges are believed to be improper. A copy of the form and documentation shall be
				sent to the tax collector.
3. The tax
				collector shall have the right to submit, in writing, any correspondence or other
				materials disputing the requestors reasons and justifying why the charges should be
				sustained within 30 days of receipt of the Request for Review.
4. Upon receipt of all documentation, the Director
				will make a determination or will conduct a formal review prior to deciding this
				matter. A written decision will be rendered by the Director to the appropriate
				parties within 45 days of the initial request.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 33 - TAX COLLECTION ADMINISTRATION › Subchapter 4 - MORTGAGE ESCROW ACCOUNT TRANSACTIONS › Section 5:33-4.9 - Requests to deliver a mortgagor$DQ$s tax bill to a property tax processing organization

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If a tax collector
				determines that a request to mail or otherwise deliver a mortgagor's tax bill to a
				property tax processing organization is inappropriate, the tax collector shall first
				attempt good faith efforts to resolve the matter with the organization. If the
				matter is unresolved, the tax collector shall then request the Director to review
				the appropriateness of the request. If a tax collector fails to request the review,
				the organization requesting the tax bills may file on its own behalf by following
				the procedure below as if it were the tax collector.
(b) The procedures for such a review shall be as
				follows:
1. The tax collector shall make the
				request on the Request for Review form (ME-5).
2. The submission shall include all necessary
				explanations and documentation, including correspondence and the reasons why the
				request is inappropriate. A copy of the form and documentation shall be sent to the
				property tax processing organization requesting the action.
3. The property tax processing organization shall
				have the right to submit, in writing, any correspondence or other materials
				disputing the tax collector's reasons and justifying why the tax bill should be
				delivered within 30 days of receipt of the Request for Review.
4. Upon receipt of all documentation, the Director
				will make a determination or conduct a formal review prior to deciding this matter.
				A written decision will be rendered by the Director to the appropriate parties
				within 45 days of the initial request.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 33 - TAX COLLECTION ADMINISTRATION › Subchapter 4 - MORTGAGE ESCROW ACCOUNT TRANSACTIONS › Section 5:33-4.10 - Effect of RESPA

Current through Register Vol. 56, No. 14, July 15, 2024
In the event of any conflict between any provisions of this
				  subchapter and the Federal Real Estate Settlement Practices Act (RESPA), the latter
				  shall govern. All individuals and organizations should make themselves familiar with
				  the provisions of RESPA and the associated Federal rules.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 5:34-1.1 - Application and compliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless specifically
				stated to the contrary, the rules in this chapter apply to all local government
				agencies that are encompassed by the definition of contracting unit in
				40A:11-2(1), and by
				all boards of education meeting the definition of board of education in N.J.S.A.
				18A:18A-2a by whatever name called.
(b)
				Every governing body, chief executive officer, or chief school administrator shall
				take reasonable steps to provide training so that all officials and employees
				responsible for the administration of public contracts are aware of and are able to
				comply with the requirements of the law and these rules.
(c) These rules are adopted by the Director of the
				Division of Local Government Services after consultation with the Commissioner of
				Education pursuant to
				40A:11-37.1 and
				18A:18A-49.2.
(d) Public housing authorities that operate
				subject to the authority of the U.S. Department of Housing and Urban Development
				will adhere to procurement procedures which reflect
				40A:11-1 et seq. and related rules,
				provided that procurements conform to applicable Federal law and the standards
				required therein and to 24 CFR 85.36(b) that requires where both State and Federal
				law encompass the same procurement, the stricter or more limiting procedure which
				encourages competition shall be used.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 2 - EXTRAORDINARY UNSPECIFIABLE SERVICES › Section 5:34-2.1 - Use of extraordinary unspecifiable services

Current through Register Vol. 56, No. 14, July 15, 2024
40A:11-5(1)(a)  ii
				  and 18A:18A-5a(2) permit contracting units to award contracts without competitive
				  bidding for extraordinary unspecifiable services. The application of this exception
				  for extraordinary unspecifiable services shall be construed narrowly in favor of
				  open competitive bidding wherever possible.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 2 - EXTRAORDINARY UNSPECIFIABLE SERVICES › Section 5:34-2.2 - General requirements limiting the use of the exception

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The assertion that
				the service can only be provided by a single contractor ("sole source") shall not be
				sufficient to justify avoidance of competitive bidding as an extraordinary,
				unspecifiable service (hereinafter referred to as EUS).
(b) The fact that the service is in the nature of
				a personal, human, social or training services contract, or includes within its
				description such terms as "technical," "management," "consultant," or similar
				descriptions suggesting some special nature shall not in itself be sufficient to
				utilize this exception. The need for expertise, extensive training and proven
				reputation in the field of endeavor must be critical and essential to the project,
				and not merely a desire to have a reliable job performed.
(c) The services must be of such a qualitative
				nature that the performance of the services cannot be reasonably described by
				written specifications. However, services previously bid or generally characterized
				as being of a continuous ongoing nature shall be subject to the presumption that
				such services may not be classified as an EUS, unless a contracting unit can
				demonstrate in writing its inability to prepare written specifications describing
				the qualitative nature of the performance of the services required. If written
				specifications can be prepared describing the qualitative nature of the performance
				of the services, then they shall be so written, but notwithstanding that the other
				criteria of the definition may be met. Contracting unit officials might also
				consider the use of competitive contracting pursuant to N.J.S.A. 40A:4.1(k) or
				18A:18A-4.1(k).
(d) Services that meet
				the requirements of EUS may not be combined with other work in a contract which is
				predominantly characterized as being a biddable activity so as to avoid the
				necessity of bidding for the work which in its own right is subject to competitive
				bidding.
(e) No firm, having been
				previously contractually retained under this exception to study, survey, or prepare
				specifications for a given system, function, or equipment, may be selected without
				competitive bidding or competitive contracting to operate, implement, or provide any
				material or services on the basis of intimate or specialized knowledge acquired as a
				result thereof. Such a firm is not authorized to participate in competitive bidding
				or competitive contracting if its earlier participation would give it an unfair
				advantage.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 2 - EXTRAORDINARY UNSPECIFIABLE SERVICES › Section 5:34-2.3 - Procedures for implementation of the exception

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the estimated
				cost or price exceeds the 15 percent of the bid threshold of N.J.S.A. 40A:11-6.1a or
				18A:18A-37a, quotations as to the cost or price must be solicited by the contracting
				agent whenever practicable, and the contract shall be awarded in accordance with the
				requirements of N.J.S.A. 40A:11-6.1a or 18A:18A-37a.
(b) Before the governing body awards a contract
				under the EUS provisions which exceeds the bid threshold established in accordance
				with N.J.S.A. 40A:11-6.1b or 18A:18A-37b, a designated administrative official of
				the contracting unit must file a certificate with the governing body clearly
				describing the nature of the work to be done, stating that it is not reasonably
				possible to draft specifications, describing the informal solicitation of
				quotations, and describing in detail why the contract meets the provisions of the
				statute and these rules. A mere recitation of the language in the statute shall not
				be sufficient for this purpose. A standard certification format is available from
				the Division of Local Government Services and must be utilized. The certification
				must be kept with the resolution awarding the contract.
(c) The governing body, in addition to stating the
				supporting reasons for its action in the resolution awarding the contract, shall
				place a notice of the action in an official newspaper pursuant to
				40A:11-5(1)(a)  and
				18A:18A-5(a)(2).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 3 - CERTAIN LEASES OF EQUIPMENT AND SERVICE AGREEMENTS BEYOND THE FISCAL YEAR › Section 5:34-3.1 - Duration of contract

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Leases (which term
				includes rental agreements) and service agreements for items authorized by
				40A:11-15(7)  and
				40A:11-15(15)  or
				18A:18A-42(f)  shall
				not be renewed or extended beyond the number of years set forth in each such
				statutory provision. The specifications for rebidding after the maximum number of
				years should not require that the equipment be in the possession or service of the
				contracting unit.
(b) Such leases and
				service agreements may be written for any period of time not to exceed the maximum
				statutory period, or for shorter periods with provision for renewal at the option of
				the contracting unit, provided that such renewal shall not cause the cumulative
				length to exceed the permitted length of time. Such renewals may be authorized only
				by resolution of the governing body.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 3 - CERTAIN LEASES OF EQUIPMENT AND SERVICE AGREEMENTS BEYOND THE FISCAL YEAR › Section 5:34-3.2 - Application of bidding requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All multi-year
				contracts, including all multi-year leases and multi-year leases with option to
				purchase, which are authorized under
				40A:11-15(7),
				40A:11-15(15)  or
				18A:18A-42(f), and
				other multi-year contracts subject to
				40A:11-15 and
				18A:18A-42 for the procurement of
				goods or services shall be subject to competitive bidding if the cumulative amount
				to be expended during the duration of the multi-year lease or contract exceeds the
				threshold for competitive bidding for the contracting unit.
(b) Change orders to reflect price increases shall
				not be required for purchases that are part of a contract where the bid
				specifications included provisions for price changes based on an objective benchmark
				not under the direct control of the supplier.
(c) Leases of textbooks and services incidental
				thereto may be made, negotiated or awarded by a board of education without public
				advertising for bids.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 3 - CERTAIN LEASES OF EQUIPMENT AND SERVICE AGREEMENTS BEYOND THE FISCAL YEAR › Section 5:34-3.3 - Option to purchase, prohibitions, cancellation clause

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition to
				providing for the use of equipment during the period of the lease, the lease may
				provide for rental payments to be credited towards the purchase price for purpose of
				acquisition of the equipment if the contracting unit, at its sole option, decides to
				buy the equipment, and said option was included in the original specifications and
				in the original contract.
(b) Leases
				shall not, however, provide for the acquisition of ownership at the beginning of the
				lease term, with installment payments to be made thereafter.
(c) If the contracting unit anticipates that a
				lessor may desire to assign its right to receive lease payments to an outside
				non-contractual third party, provision for such assignment must have been permitted
				by the lease specifications and be included in the lease agreement, and the lessee
				must be notified in writing by the lessor before payments may be made to a third
				party pursuant to such an assignment.
(d) While
				40A:11-15 and
				18A:18A-42 authorize lease
				arrangements, such contractual arrangements must contain a clause making them
				subject to the availability and appropriation annually of sufficient funds as may be
				required to meet the extended obligation, or contain an annual cancellation
				clause.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 3 - CERTAIN LEASES OF EQUIPMENT AND SERVICE AGREEMENTS BEYOND THE FISCAL YEAR › Section 5:34-3.4 - Equipment changes

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Equipment leased
				shall not be expanded, upgraded or otherwise materially changed or increased in cost
				during the term of the lease without competitive bidding, except as follows:
1. Equipment changes which were specifically
				described, either by itemization or by performance standards, in the original
				bidding specifications and for which all bidders were requested to submit bid
				proposals, when in accordance with a formal written plan of time-phased expansion,
				prepared prior to solicitation of bids, and when the bid proposals for such changes
				were considered in the determination of the successful bidder; or
2. An item of equipment which is discontinued by
				the vendor may be replaced with a comparable model which performs the same or
				increased workload provided that neither the workload nor the cost exceeds that
				specified in the original contract or the plan of expansion referred to in (a)1
				above.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 4 - ADMINISTRATION OF COMPETITIVE CONTRACTING PROCESS › Section 5:34-4.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this subchapter, shall
				  have the following meanings, unless the context clearly states otherwise.
"Administrator" means:
1.
				In the case of a municipality, a municipal administrator appointed pursuant to
				40A:9-136 and
				40A:9-137; a business administrator, a
				municipal manager or a municipal administrator appointed pursuant to the Optional
				Municipal Charter Law, P.L. 1950, c.210 (40:69A-1 et seq.); or a municipal
				manager appointed pursuant to the municipal manager form of government law.
				40:79-1 et seq.;
2. In the case of a county, an individual
				appointed pursuant to
				40A:9-42,
				40:41A-42,
				40:41A-47, or
				40:41A-82;
3. In the case of an authority, as defined in the
				Local Authorities Fiscal Control Law, P.L. 1983, c. 313 (N.J.S.A. 40:5A-1 et seq.),
				a full-time professional employee of the authority found by the governing body to
				possess the experience and skill necessary to properly administer the competitive
				contracting process; or
4. In the case
				of a board of education, the administrator shall be defined pursuant to
				18A:18A-4.3.b.
"Authorized agent" means a duly-appointed qualified purchasing
				  agent, legal counsel, or administrator of a contracting unit using competitive
				  contracting in accordance with this subchapter.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 4 - ADMINISTRATION OF COMPETITIVE CONTRACTING PROCESS › Section 5:34-4.2 - Model evaluation criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following, as
				appropriate to individual circumstances, shall be used as criteria for evaluating
				requests for proposals (RFPs) under the competitive contracting process described in
				40A:11-4.1 et seq. and 18A:18A-4.1 et
				seq. These criteria are not intended to be limiting or all-inclusive, and they may
				be adapted or supplemented in order to meet a contracting unit's individual needs as
				competitive contracting may dictate. No criteria shall unfairly or illegally
				discriminate or exclude otherwise capable vendors.
1. Technical criteria:
i. Proposed methodology:
(1) Does the vendor's proposal demonstrate a clear
				understanding of the scope of work and related objectives?
(2) Is the vendor's proposal complete and
				responsive to the specific RFP requirements?
(3) Has the past performance of the vendor's
				proposed methodology been documented?
(4) Does the vendor's proposal use innovative
				technology and techniques?
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 4 - ADMINISTRATION OF COMPETITIVE CONTRACTING PROCESS › Section 5:34-4.3 - Opening and evaluating proposals and awarding competitive contracts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The request for
				proposals document shall state the time and place for receiving and opening the
				proposals, and shall specify the criteria that will be used to evaluate
				proposals.
(b) At the time and place
				proposals are due, the names of all the vendors and the price of their respective
				proposals shall be announced in public. Prior to opening such proposals, the
				authorized agent shall, if not provided as part of the request for proposals
				document, describe the specific weighting of any evaluation criteria, which may be
				used for evaluating the proposals.
(c)
				Vendors and the general public may be prohibited from physically attending a
				proposal opening if, during a state of emergency declared by the Governor for public
				health reasons, the emergency reasonably prevents the local unit from accommodating
				in-person attendance. In the event the contracting unit cannot accommodate in-person
				attendance at a proposal opening for public health reasons during a state of
				emergency declared by the Governor, the contracting unit must broadcast the proposal
				opening live at the contracting unit's facilities. Another local unit's facilities
				may be used for the public opening of proposals in the event that the local unit
				cannot use its facilities for said purpose.
1. The
				advertisement for proposals must include explicit instructions on how the public can
				remotely access the opening, along with a statement that in-person attendance is
				prohibited due to public health-related restrictions on public gatherings due to a
				declared state of emergency.
2. The
				contracting unit shall use web-conference call or online live streaming technology
				with both video and audio capability, with the video showing sufficient scope and
				coverage, so that the official opening the proposals can be clearly seen to be
				opening only the proposals timely submitted.
3. At the opening, the title of the proposal must
				be clearly announced. If the contracting unit has solicited paper-based proposals,
				the contracting unit shall display each sealed proposal package, back and front, for
				the camera prior to opening the proposals. In addition to announcing the vendor name
				and price as required by (b) above, the presence of any documents required to be
				part of the proposal submission shall be noted for each proposal.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 4 - ADMINISTRATION OF COMPETITIVE CONTRACTING PROCESS › Section 5:34-4.4 - Use of competitive contracting for non-listed services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The authorized agent
				shall apply to the Director for approval to use the provisions of N.J.S.A.
				40A:11-4.1k and 18A:18A-4.1k requesting the use of competitive contracting for the
				operation, management, or administration of services not otherwise listed in
				N.J.S.A. 40A:11-4.1a through j and 18A:18A-4.1a through j. The application shall be
				in letter form and shall provide the information reasonably required for the
				Director to respond to the request. If the Director finds that the subject matter of
				the application is consistent with the intent of the statutory provisions
				encouraging competitive contracting, then the Director shall approve the request.
				The Director may consider the level and characteristics of the service and
				competition in the market. Prior to submitting an application, an applicant may
				request to consult with the Director or designee to review issues regarding a
				potential application.
(b) Services that
				meet the requirements for procurement through competitive contracting may not be
				combined or included in a contract with other services which are required to be
				procured through competitive bidding so as to avoid the statutory obligation for the
				procurement of such other services through competitive bidding.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 5 - ELECTRONIC PROCUREMENT › Section 5:34-5.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to promulgate minimum standards
				  for local unit procurement of goods, services, and public works, the sale of surplus
				  personal property, and the sale and lease of real property through means of
				  electronic technology, with such standards providing for the integrity and
				  procedural protections of sealed public bidding and competitive contracting in an
				  online environment.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 5 - ELECTRONIC PROCUREMENT › Section 5:34-5.4 - Procurements using electronic procurement platform and parallel paper-based process

Current through Register Vol. 56, No. 14, July 15, 2024
In a single competitive procurement that is not a reverse auction,
				  a local unit may allow offerors the option of using either an electronic procurement
				  platform or the paper-based process set forth in the Local Public Contracts Law,
				  N.J.S.A.
				  40A:11-1et seq., Public School Contracts Law,
				  N.J.S.A.
				  18A:18A-1et seq., or such other New Jersey law as
				  may be applicable to the procurement, to submit an offer. All paper-based offer
				  submissions shall be opened at the same date and time as offers submitted through
				  the local unit's electronic procurement platform, at which time the local unit shall
				  upload the paper-based offer submissions onto the platform. This section shall not
				  be interpreted to prevent local units from requiring all offers to be submitted
				  through an electronic procurement platform and prohibiting paper-based offer
				  submissions.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 5 - ELECTRONIC PROCUREMENT › Section 5:34-5.5 - Advertisements; time for response

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All notices and
				advertisements that the Local Public Contracts Law, Public School Contracts Law, or
				any other law requires to be published in one or more newspapers shall continue to
				be published as required by law regardless of whether the local unit is utilizing an
				electronic procurement platform.
1. In any
				instance where a local unit utilizes an electronic procurement platform for a
				competitive procurement, any newspaper notice or advertisement required by law shall
				contain, in addition to such other information as may be required pursuant to law, a
				statement that the procurement is being conducted through an electronic procurement
				platform along with the name and internet address of the platform.
2. If a local unit is utilizing both an electronic
				procurement platform and a paper-based offer submission process for the same
				procurement, the advertisement shall state that offers may be submitted by either
				method. A local unit must establish a uniform submission deadline across both
				methods that complies with the Local Public Contracts Law, Public School Contracts
				Law, or such other law as may apply to the procurement.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 5 - ELECTRONIC PROCUREMENT › Section 5:34-5.6 - Reverse auctions generally

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A local unit may
				only utilize a reverse auction for purchases of energy and commodities.
(b) If the local unit is utilizing an electronic
				procurement platform with a reverse auction format, the local unit shall publish all
				required notices and advertisements in one or more newspapers pursuant to the Local
				Public Contracts Law or Public School Contracts Law, as applicable. In addition to
				the content required pursuant to
				N.J.A.C.
				5:34-5.5(a)1, the advertisement
				shall also include the period when bids will be accepted and reference the local
				unit's right to reject all bids pursuant to law. Bidding must either take place, or
				close, no earlier than 10 days after the date of newspaper publication.
(c) Bidders shall not be able to view the identity
				of other bidders in the reverse auction while the auction is in progress.
(d) Unless otherwise specified under this
				subchapter, all bidders shall upload, to the platform, any documents or information
				that are required to accompany a bid pursuant to the Local Public Contracts Law or
				the Public School Contracts Law by no later than when a bidder places its first
				bid.
(e) The Director shall have the
				sole discretion to establish a pilot program evaluating the feasibility of reverse
				auctions for other goods and services procurements.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 5 - ELECTRONIC PROCUREMENT › Section 5:34-5.7 - Additional provisions applicable to reverse auctions for procurement of energy supply from third-party suppliers

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A local unit may
				only utilize an electronic procurement platform for energy supply if the platform
				vendor is registered with the BPU as an "energy agent" pursuant to the New Jersey
				Electric Discount and Energy Competition Act of 1999 (EDECA).
(b) Only those third-party energy suppliers that
				are licensed by the BPU are eligible bidders. Third-party energy suppliers licensed
				by the BPU may only submit bids to local units located within their permitted
				service area.
(c) The local unit shall
				provide the advertisement of the reverse auction to each eligible third-party energy
				supplier that is not registered on the electronic procurement platform through email
				or regular mail, except where an eligible supplier affirmatively opts-out of
				receiving such notices. Notwithstanding the requirements of N.J.A.C. 5:35-5.4(a),
				email notices transmitted to all eligible third-party energy suppliers pursuant to
				this section shall be in lieu of newspaper advertisement.
(d) As with the electronic procurement of other
				goods and services, the energy supplier shall provide to the local unit, all
				documents that are required to be submitted pursuant to law prior to contract
				award.
(e) To facilitate locking in spot
				pricing, the governing body of a local unit procuring energy through an electronic
				procurement platform may adopt a resolution or ordinance, as appropriate,
				authorizing its purchasing agent to award a contract to the successful bidder
				shortly after bids are closed if the price is below a specified amount. The
				purchasing agent shall report back to the governing body with the reverse auction
				results.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 5 - ELECTRONIC PROCUREMENT › Section 5:34-5.8 - Sale of surplus property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The sale of surplus
				property pursuant to
				N.J.S.A.
				18A:18A-45 or
				40A:11-36may
				be conducted on an electronic procurement platform either through an online public
				auction or through the online equivalent of a sealed bid process.
(b) An electronic procurement platform used for
				the sale of surplus property shall provide, at a minimum:
1. Detailed online instructions on how to use the
				platform;
2. A bid registration process
				that will reliably confirm the identity of the person or entity bidding, as well as
				any individuals authorized to submit bids. This registration should include full
				contact information, including a physical address and the logging of the IP address
				used to create the account;
3. The
				ability to upload and save onto the platform any completed forms, disclosures, and
				certifications that, pursuant to New Jersey law, must be submitted to the local
				unit;
4. Timestamping and logging of all
				local unit and bidder actions on the platform, including IP address;
5. The ability for prospective bidders to post
				questions, and the local unit to post responses thereto, in a manner visible to all
				prospective bidders. This shall not absolve the local unit from issuing a notice of
				revision or addenda as may be required pursuant to law;
6. Individual user accounts with password
				protected access for local unit officers and employees, wherein permitted activities
				on the platform can be restricted and segregated. Individual user account activity
				shall be archived to facilitate administrative review and investigation. The
				platform shall set a maximum time for inactivity before the user is automatically
				logged out;
7. Platform-related help
				desk support for prospective bidders and the local unit through the internet, email,
				and at least one toll-free telephone number; and
8. A standard complaint procedure concerning
				platform-related problems for both the local unit and bidders. The complaint
				procedure shall require that a complaint log be maintained, which shall be available
				to the local unit for inspection, along with a record of problems arising with the
				system and the resolution of same.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 5 - ELECTRONIC PROCUREMENT › Section 5:34-5.9 - Sale of real property by municipalities, counties, and fire districts pursuant to the local lands and buildings law

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The sale of
				real property by open public sale at auction to the highest bidder pursuant to
				N.J.S.A.
				40A:12-13may be conducted on an electronic
				procurement platform.
(b) An electronic
				procurement platform used for the sale of real property pursuant to this section
				shall provide, at a minimum:
1. Detailed online
				instructions on how to use the platform;
2. A bid registration process that will reliably
				confirm the identity of the person or entity bidding, as well as any individuals
				authorized to submit bids. This registration should include full contact
				information, including a physical address and the logging of the IP address used to
				create the account;
3. The ability to
				upload and save onto the platform any completed forms, disclosures, and
				certifications that, pursuant to New Jersey law, must be submitted to the
				municipality, county, or fire district;
4. Timestamping and logging of all actions by a
				bidder or the municipality, county, or fire district on the platform, including IP
				address;
5. The ability for prospective
				bidders to post questions, and the municipality, county, or fire district to post
				responses thereto, in a manner visible to all prospective bidders. This shall not
				absolve the municipality, county, or fire district from issuing a notice of revision
				or addenda as may be required pursuant to law;
6. Individual user accounts with
				password-protected access for municipal, county, or fire district officers and
				employees, wherein permitted activities on the platform can be restricted and
				segregated. Individual user account activity shall be archived to facilitate
				administrative review and investigation. The platform shall set a maximum time for
				inactivity before the user is automatically logged out;
7. Platform-related help desk support for
				prospective bidders and the municipality, county, or fire district through the
				Internet, email, and at least one toll-free telephone number; and
8. A standard complaint procedure concerning
				platform-related problems for both the government entity and bidders. The complaint
				procedure shall require that a complaint log be maintained, which shall be available
				to the government entity for inspection, along with a record of problems arising
				with the system and the resolution of same.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 5 - ELECTRONIC PROCUREMENT › Section 5:34-5.10 - Lease of real property to highest bidder by municipalities, counties, and fire districts pursuant to the local lands and buildings law

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The lease of real property to the highest
				bidder at a competitive solicitation held pursuant to
				N.J.S.A.
				40A:12-14may be conducted on an electronic
				procurement platform.
(b) An electronic
				procurement platform used for the solicitation of bids for the lease of real
				property pursuant to this section shall provide, at a minimum:
1. Detailed online instructions on how to use the
				platform;
2. A bid registration process
				that will reliably confirm the identity of the person or entity bidding, as well as
				any individuals authorized to submit bids. This registration should include full
				contact information, including a physical address and the logging of the IP address
				used to create the account;
3. The
				ability to upload and save onto the platform any completed forms, disclosures, and
				certifications that, pursuant to New Jersey law, must be submitted to the
				municipality, county, or fire district;
4. Timestamping and logging of all actions by the
				bidder and the government entity on the platform, including IP address;
5. The ability for prospective bidders to post
				questions, and the municipality, county, or fire district to post responses thereto,
				in a manner visible to all prospective bidders. This shall not absolve the
				government entity from issuing a notice of revision or addenda as may be required
				pursuant to law;
6. Individual user
				accounts with password-protected access for municipal, county, or fire district
				officers and employees, wherein permitted activities on the platform can be
				restricted and segregated. Individual user account activity shall be archived to
				facilitate administrative review and investigation. The platform shall set a maximum
				time for inactivity before the user is automatically logged out;
7. Platform-related help desk support for
				prospective bidders and the government entity through the Internet, email, and at
				least one toll-free telephone number; and
8. A standard complaint procedure concerning
				platform-related problems for the government entity and bidders. The complaint
				procedure shall require that a complaint log be maintained, which shall be available
				to the government entity for inspection, along with a record of problems arising
				with the system and the resolution of same.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 5 - ELECTRONIC PROCUREMENT › Section 5:34-5.11 - Sale of real property by boards of education

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The sale of real property to the highest
				bidder at a public sale held pursuant to
				N.J.S.A.
				18A:20-6 and
				18A:20-7may
				be conducted on an electronic procurement platform.
(b) An electronic procurement platform used for
				the sale of real property pursuant to this section shall provide, at a minimum:
1. Detailed online instructions on how to use the
				platform;
2. A bid registration process
				that will reliably confirm the identity of the person or entity bidding, as well as
				any individuals authorized to submit bids. This registration should include full
				contact information, including a physical address, and the logging of the IP address
				used to create the account;
3. The
				ability to upload and save onto the platform any completed forms, disclosures, and
				certifications that, pursuant to New Jersey law, must be submitted to the board of
				education;
4. Timestamping and logging
				of all board of education and bidder actions on the platform, including IP
				address;
5. The ability for prospective
				bidders to post questions, and the board of education to post responses thereto, in
				a manner visible to all prospective bidders. This shall not absolve the board of
				education from issuing a notice of revision or addenda as may be required pursuant
				to law;
6. Individual user accounts with
				password-protected access for board of education officers and employees, wherein
				permitted activities on the platform can be restricted and segregated. Individual
				user account activity shall be archived to facilitate administrative review and
				investigation. The platform shall set a maximum time for inactivity before the user
				is automatically logged out;
7.
				Platform-related help desk support for prospective bidders and the board of
				education through the Internet, email, and at least one toll-free telephone number;
				and
8. A standard complaint procedure
				concerning platform-related problems for both the board of education and bidders.
				The complaint procedure shall require that a complaint log be maintained, which
				shall be available to the board of education for inspection, along with a record of
				problems arising with the system and the resolution of same.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 5 - ELECTRONIC PROCUREMENT › Section 5:34-5.12 - Lease of real property to highest bidder by boards of education

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The lease of real property to the highest
				bidder pursuant to
				N.J.S.A.
				18A:20-8.2may be conducted on an electronic
				procurement platform.
(b) An electronic
				procurement platform used for the solicitation of bids for the lease of real
				property pursuant to this section shall provide, at a minimum:
1. Detailed online instructions on how to use the
				platform;
2. A bid registration process
				that will reliably confirm the identity of the person or entity bidding, as well as
				any individuals authorized to submit bids. This registration should include full
				contact information, including a physical address and the logging of the IP address
				used to create the account;
3. The
				ability to upload and save onto the platform any completed forms, disclosures, and
				certifications that, pursuant to New Jersey law, must be submitted to the board of
				education;
4. Timestamping and logging
				of all actions by the bidder and the board of education on the platform, including
				IP address;
5. The ability for
				prospective bidders to post questions, and the board of education to post responses
				thereto, in a manner visible to all prospective bidders. This shall not absolve the
				board of education from issuing a notice of revision or addenda as may be required
				pursuant to law;
6. Individual user
				accounts with password-protected access for board of education officers and
				employees, wherein permitted activities on the platform can be restricted and
				segregated. Individual user account activity shall be archived to facilitate
				administrative review and investigation. The platform shall set a maximum time for
				inactivity before the user is automatically logged out;
7. Platform-related help desk support for
				prospective bidders and the board of education through the Internet, email, and at
				least one toll-free telephone number; and
8. A standard complaint procedure concerning
				platform-related problems for both the board of education and bidders. The complaint
				procedure shall require that a complaint log be maintained, which shall be available
				to the board of education for inspection, along with a record of problems arising
				with the system and the resolution of same.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 5 - ELECTRONIC PROCUREMENT › Section 5:34-5.13 - Fees and procurement of electronic procurement platforms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For public works contracts or contracts for
				goods or services, an electronic procurement platform vendor shall not charge an
				offeror:
1. A fee of more than $ 50.00 per offer
				submission;
2. A fee of more than $
				50.00 for accessing documents and information connected to an offer (not including
				any fees required for platform registration);
3. A percentage of the winning offer; or
4. Separate fees for accessing documents or
				information connected to an offer and for submitting an offer.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 5 - ELECTRONIC PROCUREMENT › Section 5:34-5.14 - Cybersecurity and data ownership

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At a
				minimum, the following cybersecurity framework shall be followed for all electronic
				procurement platforms:
1. The platform shall:
i. Be hosted on FedRAMP Moderate Impact Level
				Authorized dedicated servers or in a FedRAMP Moderate Impact Level Authorized Cloud,
				unless the host of the dedicated servers or cloud provides annual evidence of
				satisfactory cybersecurity internal controls is provided through a SOC2 audit
				report. When using cloud services, the platform vendor shall check provider
				credentials and contracts to ensure FedRAMP Moderate Impact compliance;
ii. Encrypt passwords and personal identifying
				information, as well as offer document submissions transmitted to an electronic
				lockbox before opening by the local unit;
iii. Maintain personal identifying information
				only to the minimum extent and for the minimum duration necessary for platform
				processes to function. Social Security numbers shall not be utilized as
				identification numbers for system purposes;
iv. Employ a password policy adhering to at least
				the minimum standards established by the National Institute of Standards and
				Technology in the United States Department of Commerce, or such other successor
				organization as may be established by the Federal government;
v. Undertake stress testing and regular security
				risk assessments for detecting compromises and implement regular security
				updates;
vi. Develop a cybersecurity
				incident response plan along with a disaster recovery or business continuity
				plan;
vii. Create and regularly test all
				back up, information disposal, and disaster recovery procedures; and
viii. If dedicated servers are used, the servers
				shall be located on United States soil.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 5 - ELECTRONIC PROCUREMENT › Section 5:34-5.15 - Contracts with electronic procurement platform vendors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All contracts between a local unit and an
				electronic procurement platform vendor shall:
1.
				In addition to being reviewed by legal counsel if deemed necessary by the local
				unit, be reviewed by a qualified purchasing agent or, in lieu of a qualified
				purchasing agent, the chief financial officer or equivalent, or the school business
				administrator, as appropriate to the type of entity, prior to the execution of the
				contract as to the terms, including satisfaction of the requirements of this
				section;
2. Be awarded by the governing
				body, notwithstanding the value of the contract, or whether the contract was
				procured competitively or through cooperative purchasing, except in circumstances
				where an emergency contract may be entered into pursuant to law; and
3. Contain adequate provisions for compensating
				the local unit against losses caused as a result of negligence or misconduct on the
				part of the platform vendor and the platform vendor's employees and
				agents.