Current through Register Vol. 56, No. 18, September 16, 2024
(a) The sale of real property by open public
sale at auction to the highest bidder pursuant to
N.J.S.A.
40A:12-13may 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 municipality, county, or fire
district;
4. Timestamping and
logging of all actions by a bidder or the municipality, county, or fire
district 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 municipality, county, or fire district 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 municipality, county, or fire district 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 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
public auction for the sale of real property shall continue to be published in
a newspaper circulating in the municipality or municipalities in which the land
is situated pursuant to
N.J.S.A.
40A:12-13(a). The
advertisement shall, at a minimum, include:
1.
The address where each parcel of real property is located, along with the block
and lot;
2. That an auction for
sale to the highest bidder of the parcel or parcels of real property is being
held online;
3. The name of the
electronic procurement platform on which the auction is being conducted, along
with the website address of the platform;
4. The dates and times upon which the online
auction will commence and conclude;
5. Any conditions of sale and restrictions on
use as may be permitted pursuant to
N.J.S.A.
40A:12-13(a);
6. As may be applicable, the time within
which any conditions of sale shall be operative;
7. Any reservation by the governing body of
the right to reject all bids where the highest bid is not accepted;
and
8. If applicable, a description
of any estate or interest that the municipality, county, or fire district
intends to retain, along with a statement that bidders shall be required to
submit a bid under Option A and Option B as set forth at
N.J.S.A.
40A:12-13(a).
(d) An online auction for the sale
of real property shall commence not less than seven days after the date of the
last newspaper publication advertising the online auction.
(e) If a live auction allows for bidders to
participate electronically, the advertisement shall at minimum include, in
addition to the content required at (b)1, 5, 6, 7, and 8 above, the date, time,
and place of the auction, a statement that bidders may participate either in
person or electronically, and the website address where bidders can obtain
information on participating electronically.
