Official Site of The State of New Jersey

To: All New Jersey Government Purchasing Professionals

Re: Legal Notice and Submission Requirements for Procurements and Contracts Pursuant to N.J.S.A. 52:15C-10, Executive Order No. 166 (2020), and Executive Order No. 125 (2013)

Dear New Jersey Purchasing Professionals:

The Office of the State Comptroller (OSC) is charged with, among other responsibilities, monitoring the solicitation and award of certain public contracts involving significant expenditures of public funds.  Governmental entities are required by law to provide OSC with the assistance necessary to enable OSC to carry out its statutory oversight responsibilities. This letter is intended solely as a courtesy reminder to each New Jersey governmental entity of existing legal notice and submission requirements. It does not create any new legal obligations or modify any existing requirements established by statute, executive order, or regulation.

Pursuant to N.J.S.A. 52:15C-10, Executive Order No. 166 (Murphy, 2020), and Executive Order No. 125 (Christie, 2013), and the regulations set forth at N.J.A.C. 19:70, contracting units, as defined in N.J.S.A. 52:15C-10(a), are required to provide notice to OSC and submit information regarding procurements and contracts^[1] that are subject to OSC review. The applicable notice requirements are as follows:

Under N.J.S.A. 52:15C-10^[2]

• For contracts involving consideration or an expenditure of more than $3,000,000, but less than $15,200,000, no later than 20 business days after the contract award;
• For contracts involving consideration or an expenditure of $15,200,000 or more, at the earliest time practicable as the contracting unit commences the procurement process, but no later than the time the contracting unit commences preparation of: any bid specification or request for proposal; concession offering; proposal to purchase, sell, or lease real estate; or other related activities and contracts, but not less than 30 days prior to the proposed public advertisement date or the proposed date for issuance of other public or private solicitation documents; and
• For procurements issued pursuant to an emergency or public exigency involving consideration or an expenditure of more than $3,000,000, no later than 30 business days after the award of a contract.

Under EO 166 (Murphy, 2020):

• For contracts by New Jersey state-level contracting units involving the use of COVID-19 recovery funds of more than $150,000, no later than 10 days prior to the proposed date of advertisement or issuance of the procurement documents.

Under EO 125 (Christie, 2013):

• For contracts by New Jersey State-level contracting units involving the use of Federal Sandy funds (no threshold limit), no later than 10 days prior to the proposed date of advertisement or issuance of the procurement documents.

To facilitate compliance with these existing legal requirements, OSC has implemented an Electronic Notification and Submission System. OSC’s Electronic Notification and Submission System, as well as additional information regarding OSC’s Public Contracting Oversight Division procurement review process is available at:

https://nj.gov/comptroller/about/work/contracting/index.shtml

After OSC receives your electronic notification, you will receive instructions for uploading the submission documents required under N.J.A.C. 19:70-3.3 through -3.8 for review by OSC’s Public Contracting Oversight Division.

Failure to provide the notice or submissions required by applicable law may result in OSC exercising the oversight authorities granted to it by law, including, where authorized, the issuance of letters or reports, referrals to the Governor or Legislature, monitoring activities, or required corrective action.  

Questions regarding these notice or submission requirements may be directed to contracts@osc.nj.gov.

SHIRLEY U. EMEHELU 
ACTING STATE COMPTROLLER

By: 
Alysia Walsh, Director 
Public Contracting Oversight Division