New Jersey-2016-A2885-Introduced

An Act extending and expanding the scope of a pilot program for the electronic purchase of certain commodities and services and sale of surplus personal property, and amending and repealing various sections of P.L.2001, c.30.

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

1. Section 5 of P.L.2001, c.30 is amended to read as follows:

5. [Local units] A vendor interested in participating in the pilot program shall [submit a written plan] apply to the director [setting forth:

a. whether they intend to make purchases, sales or both;

b. the commodities or services they intend to purchase or personal property they intend to sell;

c. whether they intend to conduct the auction with their own personnel or hire an on-line purchasing agent; and

d. a description of the process in sufficient detail to allow the director to determine whether all aspects of the proposed purchase and sale have been addressed] , on forms proscribed by the director, to become an approved vendor under the pilot program. Applicant vendors shall supply information including but not limited to, whether they wish to either offer services for the sale of surplus personal property online, or conduct reverse auctions and online bidding for the purchase of goods, commodities, and services, or both. The director shall provide notice to local units concerning those vendors approved by the director pursuant to the pilot program.

(cf: P.L.2001, c.30, s.5)

2. Section 7 of P.L.2001, c.30 is amended to read as follows:

7. A local unit shall supply the director with a copy of any resolution to enter into a contract hiring the services of an on-line purchasing agent to which it is a party at least 10 days prior to conducting an auction. Contracts hiring the services of an on-line purchasing agent pursuant to this section shall be exempt from public bidding.

(cf: P.L.2001, c.30, s.7)

3. Section 8 of P.L.2001, c.30 is amended to read as follows:

8. [A] If requested by the director, a local unit shall notify the director of the date and time of any on-line auction at least 10 days prior to the auction date and shall provide access to the system in order to allow the director to monitor the auction.

(cf: P.L.2001, c.30, s.8)

4. Section 9 of P.L.2001, c.30 is amended to read as follows:

9. The director shall [limit] allow for on-line purchases [to] of bulk commodities, including, but not limited to: rock salt, petroleum products, asphalt, paper products [and] , chemicals, construction and public works equipment, information technology equipment, and such other commodities as the director deems appropriate. Additionally, the director shall allow a local unit or joint purchasing unit to purchase electric generation service, electric related service, construction and public works service, information technology service, gas supply service or gas related service, either separately or bundled, for its own facilities so long as the purchase otherwise complies with the provisions of the "Electric Discount and Energy Competition Act," P.L.1999, c.23 (C.48:3-49 et seq.) , and allow for the purchasing of such other services as the director deems appropriate. Sales of surplus personal property shall comply with the provisions of section 36 of P.L.1971, c.198 (C.40A:11-36).

Contracts awarded pursuant to the pilot program established pursuant to P.L.2001, c.30 shall, to the extent deemed prudent by the director, be exempt from the procedural requirements of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.) and the "Public School Contracts Law," N.J.S.18A:18A-1 et seq., including but not limited to requirements concerning sealed bids.

(cf: P.L.2001, c.30, s.9)

5. Section 12 of P.L.2001, c.30 is amended to read as follows:

12. The director may set forth guidelines adopted pursuant to section 1 of P.L.2011, c.215 (C.52:14B-3a) and consistent with the provisions of P.L.2001, c.30 which contain details that the director deems necessary in order to effectuate the purposes of P.L.2001, c.30. [The director shall consult with the Attorney General with regard to safeguards to protect against collusion and bid rigging, and to ensure the privacy of transactions. The director shall provide a report to the Governor and each member of the Legislature within three years of the effective date of P.L.2001, c.30 setting forth the purchases and sales that have been conducted and recommendations as to whether the program should be continued.]

(cf: P.L.2001, c.30, s.12)

6. Section 13 of P.L.2001, c.30 is amended to read as follows:

13. This act shall take effect immediately and expire [upon submission of the report by the director pursuant to section 12 of this act] on the last day of the third year next following the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill), unless further legislation is enacted in the interim to either extend the program again or make it permanent.

(cf: P.L.2001, c.30, s.13)

7. The following sections are repealed:

Section 6 of P.L.2001, c.30; and

Section 10 of P.L.2001, c.30.

8. This act shall take effect immediately.

STATEMENT

This bill would amend the "Local Unit Electronic Technology Pilot Program and Study Act" to extend its timeframe and expand its scope.

Initiated in 2001, this pilot program has enabled participating local units to purchase certain commodities and services and to sell surplus personal property through means of electronic commerce. This bill would ensure the pilot program's continuance until the last day of the third year next following enactment of the bill. In the interim, the Legislature would have time to enact further legislation extending the program again, or making it permanent. The bill further removes any requirement for the Director of the Division of Local Government Services to issue recommendations concerning the program's continuation.

This bill would also expand the program's scope by requiring the director to allow for on-line purchases of construction and public works equipment and services, information technology equipment and services, and such other commodities and services as the director deems appropriate, in addition to the commodities and services permitted for purchasing under the current program.

Finally, this bill would ease the administrative burden on local units interested in participating in the pilot program. Instead of requiring the local units to apply for approval to participate, interested vendors would instead be required to apply for participation approval from the Division of Local Government Services.