N.J. Admin. Code § 5:34-5.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 5:34-5.3 - Electronic procurement platforms-local unit procurement of goods and services and public works

(a) An electronic procurement platform used for local government procurement shall provide, at a minimum:

1. Detailed online instructions on how to use the platform;

2. An online offeror registration process that will reliably confirm the identity of the person or entity registering, as well as any individuals authorized to sign and submit offers. This registration should include full contact information, including a physical address and the logging of the IP address used to create the offeror's account;

3. The ability to upload and save onto the platform, any completed forms, disclosures, and certifications that, pursuant to New Jersey law, must either accompany an offer or must be submitted to the local unit prior to contract award, and, prior to submission, prompt offerors when such documents have not been incorporated into an offeror's response;

4. The ability for offerors to electronically transmit, and local units to receive, all documents and information responsive to, and required to be submitted either with, the offer or before the contract award;

5. Timestamping and logging of all local unit and offeror actions on the platform, including IP address;

6. The ability for prospective offerors to post questions, and the local unit to post responses thereto, in a manner visible to all prospective offerors. This shall not absolve the local unit from issuing a notice of revision or addenda when required pursuant to N.J.S.A. 18A:18A-21 and 40A:11-23 or any other applicable law;

7. The ability of a local unit to extend the amount of time for submission of offers beyond the originally advertised date and time;

8. The ability of the local unit to view which prospective offerors have interacted with the procurement solicitation, as well as immediately view submitted offers after the submission deadline has passed;

9. 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;

10. Platform-related help desk support for prospective offerors and the local unit through the internet, email, and at least one toll-free telephone number;

11. Web-based training, including online tutorials, for both prospective offerors and those local unit officers and employees responsible for administering the local unit's competitive procurement process;

12. A standard complaint procedure concerning platform-related problems for both the local unit and offerors. 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;

13. The ability to accommodate such set-aside programs as a local unit may establish for one or more procurements; and

14. The ability to download and print each package of submitted offer documents, tabulate offers into a spreadsheet format, publish offer results and local unit contract awards online, as desired by the local unit.

(b) Prospective offerors must be able to obtain specifications, plans, and any other documents pertaining to a solicitation for bids, proposals, qualifications, or quotations conducted in a manner authorized under the laws of the State of New Jersey; including bid checklists and any documents required to be submitted by an offeror upon submitting an offer or before the local unit can award a contract. If a local unit conducts a procurement through a platform that requires payment of a registration or other fee before such materials can be obtained, the materials shall also be made available to prospective offerors on the local unit's website and/or at the local unit's offices during the local unit's regular business hours. For materials obtained at the local unit's offices, the local unit shall not charge a prospective offeror in excess of what can otherwise be charged for obtaining such documents if the local unit did not employ an electronic procurement platform.

(c) All information pertaining to a competitive procurement conducted through an electronic procurement platform shall be transmitted and received through the platform and accessible within the platform. Offer submissions shall be transmitted to a secure electronic lockbox, to which access shall be restricted to individuals specifically authorized by the local unit with all activity in the lockbox logged. The contents of offer submissions connected with a competitive procurement shall not be able to be accessed before the submission deadline, except that for reverse auctions, the lowest bid amount may be visible. Notwithstanding the provisions of this subsection, authorized persons within the local unit shall have the exclusive ability to view a competitive quotation as received in real time.

(d) For contracts subject to competitive procurement, the names of all offerors and the price of their respective offers shall be verbally announced in public by the local unit once the submission deadline has passed. The local unit may also display the results for public view on a screen and/or post the results on the local unit's website. Prior to the submission deadline, local units shall have the sole discretion on whether to release the names of prospective offerors that have obtained offer packages.

(e) Notwithstanding the provisions of any other law to the contrary, where a prospective offeror has obtained an offer package through an electronic procurement platform, notices of revisions or addenda shall be transmitted to the prospective offeror through the electronic procurement platform in lieu of the method of delivery otherwise required under New Jersey law for the procurement solicitation. A local unit, at its option, may choose to supplement platform originated notices of revisions or addenda by using the provisions otherwise required by State law. Receipt of notices of revisions or addenda transmitted through an electronic procurement platform shall be evidenced by a time stamp generated by the platform confirming when notice was transmitted to the prospective offeror. For prospective offerors obtaining offer packages from the local unit offices, notices of revisions or addenda shall be transmitted in the manner required under New Jersey law for the solicitation.

(f) Local units may accept a bid bond, performance bond, or surety company certificate in a format where the bond or certificate can be verified electronically through a verification code issued by the surety agency. Notwithstanding the requirements of (c) above, a local unit may accept a guarantee in the form of a cashier's check or certified check when authorized by law; however:

1. The offeror shall include an image of the check upon submitting an offer submission through the electronic procurement platform;

2. The physical check shall be sealed upon submission to the local unit and clearly marked as part of the offeror's response;

3. The local unit shall receive the physical check from the offeror no later than the deadline for receipt of offer submissions; and

4. The local unit cannot open the sealed envelope containing the physical check until the time and place of the opening of offer submissions.

(g) Engineering and architectural documents requiring an engineer's or architect's seal and/or signature shall have digital seals and digital signatures pursuant to rules promulgated by the New Jersey Board of Professional Engineers and Land Surveyors and the New Jersey Board of Architects, respectively. Electronic signatures or digital signatures may be utilized for all other documents requiring a signature from the offeror.

(h) A local unit may utilize an electronic procurement system to solicit competitive quotations pursuant to N.J.S.A. 18A:18A-3 or 40A:11-6.1, with the local unit having the exclusive ability to view quotes as received in real time. The platform shall permit the local unit to maintain a downloadable and printable record of the quote solicitation.

(i) Notwithstanding the fact that a winning public works bid was submitted through an electronic procurement platform, a request by a winning bidder to withdraw a public works bid pursuant to N.J.S.A. 40A:11-23.3must be transmitted by certified or registered mail.

N.J. Admin. Code § 5:34-5.3

Repealed by 46 N.J.R. 2109(c), effective 10/20/2014.

Adopted by 53 N.J.R. 501(a), effective 4/5/2021