Tom Cosma, a partner in Connell Foley's Construction Group, authored a two-part series for the New Jersey Law Journal that takes a look at the future of public bidding in New Jersey.
In Part I ("Recent Developments in NJ Public Bidding Statutes"), Tom reviews the Electronic Construction Procurement Act and the Design-Build Construction Services Procurement Act. The Electronic Construction Procurement Act, which concerns the use of electronic bidding procedures to solicit and receive bids, mandates that all State contracting units “shall use an electronic construction procurement process for public works construction contracts” whenever public advertising is required. The Design-Build Construction Services Procurement Act, which establishes procedures for State and local contracting units to award design-build contracts, grants broad authority for governmental bodies to employ an alternate, “design-build” form of procurement.
In Part II ("'Dobco' and the Future of Public Bidding in New Jersey"), Tom reviews how the Appellate Division’s decision in Dobco has stopped counties from bypassing the restrictions of the Local Public Contract Law.