N.J. Admin. Code § 5:34-8.5

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

Section 5:34-8.5 - Bid opening during public health emergency

(a) Bidders and the general public may be prohibited from physically attending a bid opening if, during a state of emergency declared by the Governor for public health reasons, the emergency reasonably prevents the local unit from accommodating in-person attendance. In the event the contracting unit cannot accommodate in-person attendance at a bid opening for public health reasons during a state of emergency declared by the Governor, the contracting unit must broadcast the bid opening live from the contracting unit's facilities. Another local unit's facilities may be used for the bid opening in the event that the local unit cannot use its facilities for conducting the bid opening.

(b) The advertisement for bids must include explicit instructions on how the public can remotely access the opening, along with a statement that in-person attendance is prohibited due to public health-related restrictions on public gatherings due to a declared state of emergency.

(c) The contracting unit shall use web-conference call or online livestreaming technology with both video and audio capability, with the video showing sufficient scope and coverage so that the official opening the bids can be clearly seen to be opening only the bids timely submitted.

(d) At the opening, the title of the bid must be clearly announced. If the contracting unit has solicited paper-based bids, the contracting unit shall display each sealed bid package, back and front, for the camera prior to opening the bid. The contents of each bid package shall be read aloud upon opening, including the price(s) and noting, at a minimum, the presence of any documents required to be part of the bid submission.

(e) After the close of the bid opening, at a minimum, the bid package of the apparent low bidder shall be fully scanned and posted to the contracting unit's website. In cases where there is no single low bidder, but many low bidders due to the method of award by individual items, all bids should be scanned and posted to the website. Instructions should be provided to all bidders with the full web address where the bid results can be found.

N.J. Admin. Code § 5:34-8.5

Amended by R.2013 d.123, effective 9/13/2013.
See: 45 N.J.R. 1205(a), 45 N.J.R. 2203(a).
In (e), substituted "board of education" for "Board of Education", and "board" for "Board" following "until", inserted a comma following "responsibility", and inserted "duly-appointed".

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