Bill > A1285

Introduced Session

This bill, designated as the Fairness in Bidding Act, would amend advertising and notice provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.); the "State College Contracts Law," P.L.1986, c.43 (C.18A:64-52 et seq.); the "County College Contracts Law," P.L.1982, c.189 (C.18A:64A-25.1 et seq.); the "Public School Contracts Law," N.J.S.18A:18A-1 et seq.; P.L.2007, c.137 (C.52:18A-235 et al.); and P.L.1954, c.48 (C.52:34-6 et seq.). This bill would require contracting units requesting bids for construction projects projected to cost in excess of $500,000 to advertise their projected cost estimate ranges of the contract and any alternate. The highest amount of a cost estimate range would be limited at no greater than five percent more than the lowest amount. The cost estimate ranges would be required to be attested as reasonable by the individual or firm preparing them. The bill would also revise the laws authorizing the contracting units to reject, for any of various statutorily specified reasons, all construction project bids. These revisions would (1) limit the grounds for such rejection to those currently specified, (2) require any such rejection to be done in good faith, and (3) require a unit to state publicly its grounds for such a rejection. The bill would also permit contracting units to require a bidder to provide a guaranty in the amount of 50% of the bid but not in excess of $100,000, payable to the contracting unit, to ensure that if the contract is awarded to the bidder, the bidder will enter into a contract. Currently, contracting units are only permitted to require a guaranty of 10% of the bid but not in excess of $20,000. Finally, the bill provides that only one copy of all bid documents shall be required when bids are accepted by mail or hand delivery. This bill would help ensure greater openness in the bidding process and further ensure careful deliberation before a decision is reached to reject all bids.

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Lou Greenwald (D)*, 

Introduced, Referred to Assembly State and Local Government Committee (on 01/09/2018)