Proposed Legislation Requires that Professional Services Contracts With Certain Bi-State Authorities Be Awarded Pursuant To Competitive Contracting Process

Two New Jersey state senators, Sens. Shirley K. Turner and Ronald L. Rice, recently introduced legislation, Bill S2489, that would require professional services contracts entered into by the Port Authority of New York and New Jersey, the Delaware River Port Authority, and the Delaware River and Bay Authority to be awarded through a competitive contracting process. Under current New Jersey law, contracts for professional services can be entered into without public supervision. Should the Bill become law, contracts for services that are of technical and professional nature, including but not limited to, contracts for architectural, engineering, and land surveying services must be publicly announced prior to being awarded. The contract would then be negotiated on the basis of demonstrated competence and qualification to meet the requirements of the particular professional services contract at a fair and reasonable price. The Bill includes exception provisions in the event an emergency is declared by the Governor of New York, the Governor of Pennsylvania, the Governor of Delaware, the Governor of New Jersey, or the President of the United States. A copy of Bill S2489 may be obtained here.

Co-contributor Marco A. Gonzalez, Jr. is a partner in the Newark office of Duane Morris LLP.

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