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STATE OF NEW JERSEYEXECUTIVE DEPARTMENT March 3, 2011

SENATE BILL NO. 2065

To the Senate:Pursuant to Article V, Section I, Paragraph 14 of the New

Jersey constitution, I am returning Senate Bill No. 2065 with myrecommendations for reconsideration.

This legislation directs the Department of Community

Affairs to establish an internet website to provide informationon employment opportunities, requests for proposals, and othergovernment procurement opportunities of contracting units underthe Local Public Contracts Law. While I applaud the sponsors'efforts to increase transparency and provide a single locationfor contractors to identify business opportunities within theState, I am, however, concerned with several aspects of thislegislation.

First, I believe the focus of the website informationshould be on procurement opportunities. I do not believesignificant benefit will be derived from providing informationregarding employment opportunities on this internet website,which is otherwise focused on procurement opportunities. As ageneral matter , individuals looking for government employmentwill not be interested in contracting opportunities, andbusinesses seeking to enter into commercial contracts with thegovernment will not be looking for employment opportunities. Inthis regard, it is important to note that the Department ofLabor & Workforce Development and the Civil Service Commissionalready provide internet resources to provide informationregarding employment opportunities in the State.

Additionally, I believe this legislation should also beexpanded to encompass public contracting opportunities under thePublic School Contracts Law. School districts engage in a large

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STATE OF NEW JERSEYEXECUTiVE DEPARTMENT

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amount of public contracting in this state, and in order for thecontemplated website to truly serve as a one-stop location forentities looking to identify local contracting opportunities,school districts should also be included.

I am also concerned that this legislation mandates detailedrequirements for contracting opportunities that are not

identical to the request for proposal specifications under theLocal Public Contracts Law. As such, contracting units may berequired to create two different sets of proposals, one forpublication and one for this internet website. Theserequirements should be identical to avoid confusion, toeliminate duplication, and to minimize potential litigationwhich may arise due to any discrepancy between the proposalsthat are published versus what is posted on the website.

I am also concerned that this legislation would invitelitigation over any failure to provide notice of a contractingopportunity on this internet website. This internet websiteshould provide an additional information resource and should notserve as a vehicle to encourage frivolous litigation.Therefore, this bill should be amended to make it clear that thefailure to provide a posting on this informational website(whether intentionally, inadvertently, or due to technicalissues) should not serve to invalidate an otherwise binding

contract entered into pursuant to the Local Public Contracts Lawor the Public School Contracts Law.

Finally, I do not believe that this legislation providesthe Division of Local Government Services in the Department ofCommunity Affairs with the rulemaking authority necessary toimplement its provisions or with sufficient time to design andimplement the internet website contemplated herein.

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STATE OF NEW JERSEYEXECUTlVE DEPARTMENT

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Accordingly, I herewith return Senate Bi11 No. 2065 andrecommend that it be amended as follows:

Page 2, Title: Delete "and employmentdatabase" and insert"database for procurementopportunities published bycontracting units andboards of education"Page 2, Section 1, Line 8: After "The" insert"Division of LocalGovernment Services in the"Page 2, Section 1, Line 12: Deleteopportunities," "employment

Page 2, Section 1, Line 12: Afterdelete "for proposals",\\ IIpage 2, Section 1, Line 14: After "unit", insert "or aboard of education, asdefined by N.J.S. 18A:18A-2"page 2, Section 1, Lines 15-28: Delete "the following:(1) a detailed descriptionof the services required;(2) the format andprocedure to be followedin sUbmitting proposals;(3) the specificinformation whichqualified vendors mustprovide in the proposal;(4) a statement settingforth the relativeimportance of factors,including cost, which thecontracting unit willconsider in evaluating aproposal submitted by aqualified vendor;(5) the date and time ofday by which, and theplace at which, theproposals shall be

submitted to thecontracting unit; and(6) any other informationwhich the contracting unitdeems appropriate andinsert "information asrequired pursuant to rulesand regulations adopted bythe Division of LocalGovernment Services

page 2, Section 1, Line 31: Delete "DepartmentCommunity Affairs" ofand

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insert ~Division of LocalGovernment Services"

Page 2, Section 1, Line 33: Delete ~enumerated" andinsert ~required"

Page 2, Section 1, Line 35: Deleteprimarily"~searchable"

"organizedand insert

Page 2, Section 1, Line 35: After ~contracting unit"insert ~or board ofeducation"

page 2, Section 1, Lines 43-47: Delete ~are directed tosubmit information on allemployment opportunitiesand requests for proposalsto the Department ofCommunity Affairs and theOffice of InformationTechnology in order tocomply with therequirements of thissection. Any changes to arequest for proposals or inthe status of"

Page 3, Section 1, Lines 1-2: Delete "the request shallbe promptly reported to theDepartment of CommunityAffairs" and insert ~andboards of education, asdefined by N.J.S. 18A: 18A-2, are directed to submitinformation as requiredpursuant to rules andregulations adopted by theDivision of LocalGovernment Services"

Page 3, Section 1, Line 5:

invalidateimpact ancontract

new subsection "f.in this sectioninterpreted toor otherwiseotherwise validentered ln toto the "Local

InsertNothingshall be

pursuantPublicp.L.1971,et seq. )SchoolN.J.S.

Contracts Law, "c.198 (C.40A:11-1or the ~PublicContracts Law, "18A:18A-1 et seq."

Page 3, Line 6: Insert new section ~2. TheDivision of LocalGovernment Services in theDepartment of CommunityAffairs shall adopt,pursuant to theAdministrative ProcedureAc t, " P . L . 1968 , c .410(C.52:14B-1 et seq.), rulesand regulations to

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