Current through Register Vol. 56, No. 18, September 16, 2024
(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.
