N.J. Admin. Code § 5:34-5.11

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

Section 5:34-5.11 - Sale of real property by boards of education

(a) The sale of real property to the highest bidder at a public sale held pursuant to N.J.S.A. 18A:20-6 and 18A:20-7may be conducted on an electronic procurement platform.

(b) An electronic procurement platform used for the sale 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 board of education;

4. Timestamping and logging of all board of education and bidder actions on the platform, including IP address;

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

6. Individual user accounts with password-protected access for board of education 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 board of education through the Internet, email, and at least one toll-free telephone number; and

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

(c) Advertisements of the online public sale shall continue to be published pursuant to N.J.S.A. 18A:20-6in a newspaper published in the school district, or if none are published therein, then a newspaper circulating in the school district. 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;

2. That the public sale is being held online and that the real property shall be sold to the highest bidder either through an online public auction or through the online equivalent of sealed bid submission;

3. Include the name of the electronic procurement platform on which the public sale 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 reservation by the board of the right to reject all bids where the board of education does not accept the highest bid; and

7. Any conditions of sale and restrictions on use as may be permitted by law to be imposed by a board of education.

(d) If a live auction is being held that allows for bidders to participate electronically, the advertisement shall, in addition to the content required at (b)1, 6, and 7 above:

1. State that the sale of the real property shall be made 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 public 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 § 5:34-5.11

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