Any
applicant preparing an application and waiver request to participate
in the E-Procurement Pilot Program, P.L. 2001 c. 30, must include
the information in Section I as part of the application. The applicant
must also review both the Local Public Contracts Law, N.J.S.A.
40A:11-1 et seq, and the Public School Contracts Law, N.J.S.A.
18A:18A-1 et seq. to determine provisions that may require waiver.
Common waiver items are highlighted in Section II.
I.
Information – Include in Application and Waiver Request
a.
The applicant shall submit a detailed, step-by-step description
of its product to be offered for use by contracting units.
The description must also incorporate any actions that
must be taken by a contracting unit to use the service.
For example, the first step might be the contracting unit’s
governing body adopting a resolution to contract to use your company’s
services.
b.
The applicant shall submit a copy of any proposed contracts to
be used as part of the application.
This includes contracts between the vendor and the contracting
unit, and the vendor and contractors.
c.
If applicable, the applicant shall submit a copy of all promotional
literature to be used to solicit business from contracting units.
d.
The applicant shall submit the resume of the ownership in the
vendor’s organization
e.
Services provided – i.e., bids for contracts above the bid
threshold, quotes for contracts below the bid threshold etc.
II.
The application should identify the statutory provisions below
to consider for waiver. The list below is not an exclusive one. The appropriate law should be reviewed to determine
if any provision requires a waiver to allow use of your service.
If
a waiver of a particular provision of law is requested, include
a statement as to why the waiver is needed and how the vendor’s
procedural steps will meet the policy goals of the appropriate
contracts law.
The Division has found the following areas that may require a waiver
(not an exclusive list):
a.
The sealed bid process. Review
how the policy goals regarding bid guarantees (i.e. bid bonds,
certified checks, cashier checks), consents of surety, performance
bonds, affirmative action statements, and statements of corporate
ownership are handled with an online process?
b.
How vendors will be approved to participate in the online process.
c.
How the actual bid prices will be received.
In a formal bid process, price is a single event, submitted
in a sealed envelope. How
will potential bidders obtain specifications?
d.
What will happen when vendors have questions about the bid specifications? How will the questions be submitted and who
will provide the answer?
e.
How will issuance of addenda or revisions to the specifications
be handled?
f.
Will the governing body make the contract award after an auction
or will the governing body delegate this to the vendor or a governing
body representative?
g.
What will happen if a bidder has problems with the online system
during the auction?
Please
note this list is not intended to limit a vendor’s review
of the appropriate law. The
vendor should consult counsel regarding the interpretation of
the appropriate law and the particular waiver(s) needed to provide
their service(s).
|
