N.J. Admin. Code § 17:12-1.2

Current through Register Vol. 56, No. 19, October 7, 2024

Section 17:12-1.2 - Public information

(a) The public is encouraged to obtain information concerning the State procurement program and request for proposals (RFPs) by accessing the Division's Internet site at www.nj.gov/treasury/purchase. If the information being sought is not available on the Division's website, the public can request information by posing questions via the Division's website, by writing to the Director of the Division of Purchase and Property, PO Box 039, Trenton, New Jersey 08625-0039, or by visiting the Division's reception area at 33 West State Street, 9th Floor.

(b) After the opening of sealed proposals, all information submitted by bidders in response to a solicitation of proposals is considered public information, notwithstanding any disclaimers to the contrary submitted by a bidder, except when an RFP contains a negotiation component or as may be exempted from public disclosure by the Open Public Records Act, 47:1A-1 et seq. (OPRA), and the common law. As a part of its proposal, each bidder may identify any data or materials it asserts are exempt from public disclosure under OPRA and/or the common law, explaining the basis for such assertion. Assertions that the entire proposal and/or prices are exempt from public disclosure under OPRA, the common law, or the U.S. Copyright Act are overbroad and will not be honored by the Division. In the event that a public request is made for materials that the bidder has identified as confidential, the Director shall have the final authority to determine whether the materials are exempt from public disclosure under OPRA and shall take action as required by applicable law. The bidder or contractor may elect to defend its assertion of exemption from the public disclosure requirements of OPRA or the common law, but in doing so, all costs and expenses associated therewith shall be the responsibility of the bidder or contractor. The State assumes no such responsibility or liability.

(c) When the RFP permits negotiation with bidders after the submission of proposals, such proposals shall be made publicly available only after issuance of a notice of intent to award.

N.J. Admin. Code § 17:12-1.2

Amended by 51 N.J.R. 141(a), effective 1/22/2019