Sponsored by:
Assemblyman REGINALD W. ATKINS
District 20 (Union)
SYNOPSIS
Renames Division of Purchase and Property; revises certain aspects of State procurement process; repeals MacBride principles certification requirement.
CURRENT VERSION OF TEXT
As introduced.
An Act renaming the Division of Purchase and Property and revising certain aspects of the State procurement process, amending various parts of statutory law, supplementing chapter 18A of Title 52 of the Revised Statutes, and repealing P.L.1995, c.134.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1975, c.127 (C.10:5-32) is amended to read as follows:
2. No public works contract shall be awarded by the State, a county, municipality or other political subdivision of the State, or any agency of or authority created by any of the foregoing, nor shall any moneys be paid thereunder when a single contract, or aggregated contracts in a fiscal year, is in excess of 15 percent of the amount of the contracting agencys bid threshold, to any contractor, subcontractor or business firm which has not agreed and guaranteed to afford equal opportunity in performance of the contract and, except with respect to affectional or sexual orientation, and gender identity or expression, in accordance with an affirmative action program approved by the State Treasurer.
(cf: P.L.2006, c.100, s.13)
2. Section 4 of P.L.1975, c.127 (C.10:5-34) is amended to read as follows:
4. Each prospective bidder on a public works contract or contracts when a single contract, or aggregated contracts in a fiscal year, is in excess of 15 percent of the amount of the contracting agencys bid threshold, and each subcontract bidder to a prime contract bidder shall formulate and submit to the State Treasurer his or its affirmative action program of equal opportunity whereby he or it guarantees minorities employment in all employment categories; the submission shall be accompanied by a fee in an amount to be fixed by the State Treasurer. For the purposes of this section, equal employment opportunity but not affirmative action is required with respect to persons identified solely by their affectional or sexual orientation and gender identity or expression. The State Treasurer shall notify the bidder of approval or disapproval of his or its program within 60 days of its submission; failure of the State Treasurer to so act within 60 days shall constitute approval of the program. Any existing federally approved or sanctioned affirmative action program shall be approved by the State Treasurer.
No subcontract bidder who has less than five employees need comply with the provisions of this section.
(cf: P.L.2006, c.100, s.15)
3. Section 4 of P.L.1999, c.238 (C.34:11-56.51) is amended to read as follows:
4. No contractor shall bid on any contract for public work as defined in section 2 of P.L.1963, c.150 (C.34:11-56.26) , or for which payment of the prevailing wage is required by any other provision of law, unless the contractor is registered pursuant to this act prior to contract award. No contractor shall list a subcontractor in a bid proposal for the contract unless the subcontractor is eligible to register, and is registered pursuant to P.L.1999, c.238 (C.34:11-56.48 et seq.) [at the time the bid is made] prior to contract award. No contractor or subcontractor, including a subcontractor not listed in the bid proposal, shall engage in the performance of any public work subject to the contract, unless the contractor or subcontractor is registered pursuant to that act. Contractors who bid on any contract for public work that rely solely on subcontractors, or dealers or distributors, to perform installation or maintenance services may rely on the subcontractors, or dealers or distributors, public works registration when bidding on any contract subject to this section.
(cf: P.L.2019, c.376, s.2)
4. Section 1 of P.L.1942, c.176 (C.52:25-24.1) is amended to read as follows:
1. The [State Purchase Commissioner] Division of Public Procurement in the Department of the Treasury is hereby authorized [, at any time within five days from the opening of bids,] to require any bidder to submit [to him] a financial statement [, under oath, in response to a questionnaire,] showing not only the financial responsibility of the bidder, but [his] also the ability to furnish the material desired, and such other pertinent and material facts as the [State Purchase Commissioner] division may deem desirable. For the purpose of carrying out the provisions of this act the [State Purchase Commissioner] division is hereby authorized to prepare a standard form of questionnaire to be submitted by the bidder. If no response to the questionnaire is received by the [State Purchase Commissioner] division within five days from the time of its mailing [by said purchase commissioner], the [purchase commissioner] division may reject the bid of any such bidder and award the bid to the next lowest responsible bidder.<