HomeMy Public PortalAboutr 08:183
2Reeiohrlfott of :lire' ~J.trDtt$Ir of aIcrrrerd1 ~ N W N
No. 08-183
. . Date of Adoptio
OPPOSING ASSEMBLY BILL A-2955
WHEREAS, Assembly Bill A-2955, released by the Assembly Housing and Local
Government Committee, would amend P.L.1999,c.39, and supplement P.L.1971,c.198
(CAOA: 11-1 et seq.) to permit bids for a public works contract to be withdrawn due to
'error in certain circumstances and pennit contracting units to require financial statement
frbm bidders; and
WHEREAS, as such, A-2955 would empower that the bidder withdraw at any time prior
to the time specified" for receipt of bids, or within five business days idler either a bid
opening or a scheduled pre-award meeting, which occurs.1ater, due to an error on behalf
ofthOe bidder via certified or registered mail to the address to which the bid was directed;
and
WHEREAS, Assembly Bill A-2955 states that one may withdraw only if credible
evidence is shown that a clerical error has occ~rred) the error is unintentional and
substantial or an unintentional omission of substantial information, there is an absence of
gross negligence sucli-.as failure of accountancy of bidder, the use of multiple erroneous
quotations, and the submission to the contracting unit of a bid withdrawal request; and
'VHEREAS, A-2955 is too ambiguous and contains too many loopholes; and
~
WHEREAS, A-2955 would delay the whole award process; and
WHEREAS, the New Jersey League of Municipalities strongly opposes A-2955 as
released and has requested that all of its members to go on record similarly opposing the
same.
NOW, THEREFORE, BE nr 'RESOL YED by the Mayor and Council of the Borough
ofCarteret, Couq,ty of Middlesex, State of New Jersey, as follows:
L That the Borough of Carteret hereby opposes Assembly Bill A-2955
released by the Assembly Housing and Local Government Committee.
,
2. That a copy of this Resolution be fonvarded to the New Jersey League of
Municipalities.
Adopted this 7th day of A;lgust, 2008
and certified as a.true copy ofthe -
original on August 8, 2008. .
KATHLEENM. BARNEY, MMC
Municipal Clerk
."
RECORD OF COUNCIL VOTE
'i
--
GOUNCILlYIAN YES NO. NY A.B. COUNCILMAN YEs. NO NY A.B.
. v
BELLINO X . KRUM
~
CXlLOO X NAPLES X
DIAZ X SITARZ y
X-fudicateVote AB-Absent NV -Not Voting 'XOR- Indicates Vote to Overrule Veto
Adopted at a meeting of the Municipal Council /
-
8
~:'~~
c'l"rk