Current through Register Vol. 56, No. 18, September 16, 2024
(a) The lease of
real property to the highest bidder pursuant to
N.J.S.A.
18A:20-8.2may 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 board of education;
4. Timestamping and logging of all actions by
the bidder and the board of education 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 competitive solicitation for the lease of real property shall
continue to be published in a newspaper published in the school district in
which the leasehold is situated, or if none are published therein, a newspaper
circulating in the district in which the leasehold is situated. 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 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. The date and time by which bids must be
submitted;
5. Any conditions,
restrictions, and limitations upon the tenancy subject to the lease;
and
6. Any reservation by the board
of the right to reject all bids where the board does not accept the highest
bid.