N.J. Admin. Code § 5:34-5.10

Current through Register Vol. 56, No. 23, December 2, 2024

Section 5:34-5.10 - Lease of real property to highest bidder by municipalities, counties, and fire districts pursuant to the local lands and buildings law

(a) The lease of real property to the highest bidder at a competitive solicitation held pursuant to N.J.S.A. 40A:12-14may be conducted on an electronic procurement platform.

(b) An electronic procurement platform used for the solicitation of bids for the lease of real property pursuant to this section shall provide, at a minimum:

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

2. A bid registration process that will reliably confirm the identity of the person or entity bidding, as well as any individuals authorized to submit bids. This registration should include full contact information, including a physical address and the logging of the IP address used to create the account;

3. The ability to upload and save onto the platform any completed forms, disclosures, and certifications that, pursuant to New Jersey law, must be submitted to the municipality, county, or fire district;

4. Timestamping and logging of all actions by the bidder and the government entity on the platform, including IP address;

5. The ability for prospective bidders to post questions, and the municipality, county, or fire district to post responses thereto, in a manner visible to all prospective bidders. This shall not absolve the government entity from issuing a notice of revision or addenda as may be required pursuant to law;

6. Individual user accounts with password-protected access for municipal, county, or fire district 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;

7. Platform-related help desk support for prospective bidders and the government entity through the Internet, email, and at least one toll-free telephone number; and

8. A standard complaint procedure concerning platform-related problems for the government entity and bidders. The complaint procedure shall require that a complaint log be maintained, which shall be available to the government entity for inspection, along with a record of problems arising with the system and the resolution of same.

(c) Advertisements of the online competitive solicitation for the lease of real property shall continue to be published in a newspaper circulating in the municipality or municipalities in which the leasehold is situated pursuant to N.J.S.A. 40A:12-14(a). The advertisement shall, at a minimum, set forth:

1. The address where each parcel of real property is located along with the block and lot and, if a capital improvement or space therein or thereon is to be leased, a brief description of the capital improvement;

2. That the competitive solicitation of a lessor is being held online and that the lease shall be awarded to the highest bidder either through an online public auction or through the online equivalent of a sealed bid submission;

3. The name of the electronic procurement platform on which the competitive solicitation is being conducted, along with the website address of the platform;

4. If an online auction is being held, the dates and times upon which the sale will commence and conclude;

5. If the public sale is being conducted through the online equivalent of sealed bid submission, the date and time by which bids must be submitted;

6. Any conditions, restrictions, and limitations upon the tenancy subject to the lease; and

7. Any reservation by the governing body of the right to reject all bids where the highest bid is not accepted.

(d) An online auction for the lease of real property shall commence not less than seven days after the date of the last newspaper publication advertising the online auction.

(e) If the public solicitation is being conducted through the electronic equivalent of sealed bids, the date of the deadline for submitting bids shall be no less than seven days after the date of the last newspaper publication advertising the sale.

(f) If a planned live auction allows bidders to participate electronically, the advertisement shall, in addition to the content required at (b)1, 6, and 7 above:

1. State that the lease shall be awarded to the highest bidder by open public bidding at auction;

2. Set forth the date, time, and place of the auction; and

3. Include a statement that bidders may participate in the auction either in person or electronically and the internet address of the website where bidders can obtain information on participating electronically.

N.J. Admin. Code § 5:34-5.10

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