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S3334
SENATE, No. 3334
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 5, 2026
Sponsored by:
Senator� SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
SYNOPSIS
���� Requires contracts for professional services be
awarded by certain bi-state authorities pursuant to competitive contracting
process.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning the awarding of certain professional
services contracts by bi-state authorities and supplementing various parts of
the statutory law.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� a.� Any contract for
services, which are of a technical and professional nature, including, but not
limited to, architectural, engineering, and land surveying services, to be
performed by a contractor that is to be awarded by the Port Authority of New York
and New Jersey shall be publicly announced prior to being awarded.� Contracts
for these services shall be negotiated on the basis of demonstrated competence
and qualification for the type of technical and professional service required
and at fair and reasonable compensation and awarded pursuant to a competitive
contracting process in the manner provided by this section.
���� b.��� A professional firm that
wishes to be qualified to provide technical and professional services to the
port authority seeking to negotiate a contract or agreement for the performance
of those services shall file with the port authority a current statement of
qualifications and supporting data. �The statement may be filed at any time
during a calendar year.
���� c.���� Notwithstanding the
provisions of any other law to the contrary, a contract or agreement with the
port authority for the procurement of technical and professional services shall
be publicly advertised prior to the solicitation of proposals or expressions of
interest from interested firms.� The advertisement shall include a statement of
the criteria by which the port authority shall evaluate the qualifications of
professional firms and determine the order of preference to be used in
designating the firms most highly qualified to perform the services.� In
addition, the advertisement shall include notice that professional firms
wishing to be considered for selection as a potential provider of such services
in connection with a proposed project must have submitted to the port authority
a current statement of qualifications and supporting data as provided in
subsection b. of this section.�
���� d.��� For each proposed
contract, the port authority shall evaluate current statements of
qualifications and supporting data on file with the port authority.� The port
authority may solicit proposals or expressions of interest unique to the
specific contract that would in narrative form outline concepts and methods of
approach to the contract.� The port authority shall select, in order of
preference, based upon the criteria included in the advertisement required by
subsection c. of this section, at least three professional firms deemed to be
the most highly qualified to provide the services required, except that the
port authority may select fewer professional firms if fewer such firms
responded to the solicitation or meet the qualifications required for the project.
���� e.���� The port authority
shall, before publishing an advertisement of notice with respect to any such
contract or agreement, notify the public of the criteria by which it shall
make, with respect to any such contract or agreement, the selection of
qualified firms as prescribed by this section.�
���� f.���� Once the top three or
more ranked firms have been identified, each firm, at the request of the port
authority, shall submit a fee proposal.� The firms shall not be told of their
ranking position at that time.� Using the three fee proposals to provide a general
guideline, the port authority shall negotiate a contract with the most
qualified professional firm at compensation which the port authority determines
to be fair and reasonable.� In making this determination, the port authority
shall take into account the estimated value of the services to be rendered and
the scope, complexity, and professional nature thereof.� Should the port
authority be unable to negotiate a satisfactory contract with the professional
firm considered to be the most qualified at a fee the port authority determines
to be fair and reasonable, negotiations with that professional firm shall be
formally terminated.� The port authority shall then undertake negotiations with
the second most qualified professional firm.� Failing accord with the second
most qualified professional firm, the port authority shall formally terminate
negotiations.� The port authority shall then undertake negotiations with the
third most qualified professional firm.� Should the port authority be unable to
negotiate a satisfactory contract with any of the selected professional firms,
it shall select additional professional firms in order of their competence and
qualifications and it shall continue negotiations in accordance with this
section until an agreement is reached.
���� g.��� Nothing in this section
shall preclude the port authority from using procurement processes other than
those prescribed herein if those processes are required by the federal
government or in the event of a declared state of emergency.
���� h.��� As used in this section:
���� �Declared state of emergency�
means any state of emergency declared by the Governor of New York, the Governor
of New Jersey, or the President of the United States.
���� �Port authority� means the
Port Authority of New York and New Jersey.
���� �Professional firm� means any
individual, firm, partnership, corporation, association, or other legal entity
permitted by law to provide technical and professional services.
���� 2.��� a.���� Any contract for
services, which are of a technical and professional nature, including, but not
limited to, architectural, engineering, and land surveying services, to be
performed by a contractor that is to be awarded by the Delaware River Port
Authority shall be publicly announced prior to being awarded.� Contracts for
these services shall be negotiated on the basis of demonstrated competence and
qualification for the type of technical and professional service required and
at fair and reasonable compensation and awarded pursuant to a competitive
contracting process in the manner provided by this section.
���� b.��� A professional firm that
wishes to be qualified to provide technical and professional services to the
authority seeking to negotiate a contract or agreement for the performance of
those services shall file with the authority a current statement of qualifications
and supporting data. The statement may be filed at any time during a calendar
year.
���� c.���� Notwithstanding the
provisions of any other law to the contrary, a contract or agreement with the
authority for the procurement of technical and professional services shall be
publicly advertised prior to the solicitation of proposals or expressions of interest
from interested firms.� The advertisement shall include a statement of the
criteria by which the authority shall evaluate the qualifications of
professional firms and determine the order of preference to be used in
designating the firms most highly qualified to perform the services.� In
addition, the advertisement shall include notice that professional firms
wishing to be considered for selection as a potential provider of such services
in connection with a proposed project must have submitted to the authority a
current statement of qualifications and supporting data as provided in
subsection b. of this section.�
���� d.��� For each proposed
contract, the authority shall evaluate current statements of qualifications and
supporting data on file with the authority.� The authority may solicit
proposals or expressions of interest unique to the specific contract that would
in narrative form outline concepts and methods of approach to the contract.�
The authority shall select, in order of preference, based upon the criteria
included in the advertisement required by subsection c. of this section, at
least three professional firms deemed to be the most highly qualified to
provide the services required, except that the authority may select fewer
professional firms if fewer such firms responded to the solicitation or meet
the qualifications required for the project.
���� e.���� The authority shall,
before publishing an advertisement of notice with respect to any such contract
or agreement, notify the public of the criteria by which it shall make, with
respect to any such contract or agreement, the selection of qualified firms as
prescribed by this section.�
���� f.���� Once the top three or
more ranked firms have been identified, each firm, at the request of the
authority, shall submit a fee proposal.� The firms shall not be told of their
ranking position at that time. Using the three fee proposals to provide a
general guideline, the authority shall negotiate a contract with the most
qualified professional firm at compensation which the authority determines to
be fair and reasonable.� In making this determination, the authority shall take
into account the estimated value of the services to be rendered and the scope,
complexity, and professional nature thereof. Should the authority be unable to
negotiate a satisfactory contract with the professional firm considered to be
the most qualified at a fee the authority determines to be fair and reasonable,
negotiations with that professional firm shall be formally terminated.� The
authority shall then undertake negotiations with the second most qualified
professional firm.� Failing accord with the second most qualified professional
firm, the authority shall formally terminate negotiations.� The authority shall
then undertake negotiations with the third most qualified professional firm.�
Should the commission be unable to negotiate a satisfactory contract with any
of the selected professional firms, it shall select additional professional
firms in order of their competence and qualifications and it shall continue
negotiations in accordance with this section until an agreement is reached.
���� g.��� Nothing in this section
shall preclude the authority from using procurement processes other than those
prescribed herein if those processes are required by the federal government or
in the event of a declared state of emergency.
���� h.��� As used in this section:
���� �Authority� means the Delaware
River Port Authority.
���� �Declared state of emergency�
means any state of emergency declared by the Governor of Pennsylvania, the
Governor of New Jersey, or the President of the United States.
���� �Professional firm� means any
individual, firm, partnership, corporation, association, or other legal entity
permitted by law to provide technical and professional services.
���� 3.��� a.���� Any contract for
services, which are of a technical and professional nature, including, but not
limited to, architectural, engineering, and land surveying services, to be
performed by a contractor that is to be awarded by the Delaware River and Bay
Authority shall be publicly announced prior to being awarded.� Contracts for
these services shall be negotiated on the basis of demonstrated competence and
qualification for the type of technical and professional service required and
at fair and reasonable compensation and awarded pursuant to a competitive
contracting process in the manner provided by this section.
���� b.��� A professional firm that
wishes to be qualified to provide technical and professional services to the
authority seeking to negotiate a contract or agreement for the performance of
those services shall file with the authority a current statement of qualifications
and supporting data. The statement may be filed at any time during a calendar
year.
���� c.���� Notwithstanding the
provisions of any other law to the contrary, a contract or agreement with the
authority for the procurement of technical and professional services shall be
publicly advertised prior to the solicitation of proposals or expressions of interest
from interested firms.� The advertisement shall include a statement of the
criteria by which the authority shall evaluate the qualifications of
professional firms and determine the order of preference to be used in
designating the firms most highly qualified to perform the services.� In
addition, the advertisement shall include notice that professional firms
wishing to be considered for selection as a potential provider of such services
in connection with a proposed project must have submitted to the authority a
current statement of qualifications and supporting data as provided in
subsection b. of this section.�
���� d.��� For each proposed
contract, the authority shall evaluate current statements of qualifications and
supporting data on file with the authority.� The authority may solicit
proposals or expressions of interest unique to the specific contract that would
in narrative form outline concepts and methods of approach to the contract.�
The authority shall select, in order of preference, based upon the criteria
included in the advertisement required by subsection c. of this section, at
least three professional firms deemed to be the most highly qualified to
provide the services required, except that the authority may select fewer
professional firms if fewer such firms responded to the solicitation or meet
the qualifications required for the project.
���� e.���� The authority shall,
before publishing an advertisement of notice with respect to any such contract
or agreement, notify the public of the criteria by which it shall make, with
respect to any such contract or agreement, the selection of qualified firms as
prescribed by this section.
���� f.���� Once the top three or
more ranked firms have been identified, each firm, at the request of the
authority, shall submit a fee proposal.� The firms shall not be told of their
ranking position at that time.� Using the three fee proposals to provide a
general guideline, the authority shall negotiate a contract with the most
qualified professional firm at compensation which the authority determines to
be fair and reasonable.� In making this determination, the authority shall take
into account the estimated value of the services to be rendered and the scope,
complexity, and professional nature thereof.� Should the authority be unable to
negotiate a satisfactory contract with the professional firm considered to be
the most qualified at a fee the authority determines to be fair and reasonable,
negotiations with that professional firm shall be formally terminated. The
authority shall then undertake negotiations with the second most qualified
professional firm.� Failing accord with the second most qualified professional
firm, the authority shall formally terminate negotiations.� The authority shall
then undertake negotiations with the third most qualified professional firm.�
Should the authority be unable to negotiate a satisfactory contract with any of
the selected professional firms, it shall select additional professional firms
in order of their competence and qualifications and it shall continue
negotiations in accordance with this section until an agreement is reached.
���� g.��� Nothing in this section
shall preclude the authority from using procurement processes other than those
prescribed herein if those processes are required by the federal government or
in the event of a declared state of emergency.
���� h.��� As used in this section:
���� �Authority� means the Delaware River and Bay Authority.
���� �Declared state of emergency�
means any state of emergency declared by the Governor of Delaware, the Governor
of New Jersey, or the President of the United States.
���� �Professional firm� means any
individual, firm, partnership, corporation, association, or other legal entity
permitted by law to provide technical and professional services.
���� 4.��� a.� Section 1 of this
act shall take effect immediately, but shall remain inoperative until the
enactment into law of legislation substantially similar to P.L. ,
c. (C. )
(pending before the Legislature as this bill) by the State of New York, but if
such legislation shall have been enacted prior to the enactment of P.L. ,
c. (C. )
(pending before the Legislature as this bill), this act shall take effect
immediately.
���� b.��� Section 2 of this act
shall take effect immediately, but shall remain inoperative until the enactment
into law of legislation substantially similar to P.L. ,
c. (C. )
(pending before the Legislature as this bill) by the Commonwealth of
Pennsylvania, but if such legislation shall have been enacted prior to the
enactment of P.L. , c.
(C. ) (pending before the
Legislature as this bill), this act shall take effect immediately.
���� c.���� Section 3 of this act
shall take effect immediately, but shall remain inoperative until the enactment
into law of legislation substantially similar to P.L. ,
c. (C. )
(pending before the Legislature as this bill) by the State of Delaware, but if
such legislation shall have been enacted prior to the enactment of P.L. ,
c. (C. )
(pending before the Legislature as this bill), this act shall take effect
immediately.
STATEMENT
���� This bill requires that
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
(collectively, the �authorities�) for professional services be subject to a
competitive bidding process.� Specifically, the bill requires that any contract
for services, which are of a technical and professional nature, including, but
not limited to, architectural, engineering, and land surveying services, to be
performed by a contractor that is to be awarded by the authorities shall be
publicly announced prior to being awarded.
���� Contracts for these services
are required to be negotiated on the basis of demonstrated competence and
qualification for the type of technical and professional service required and
at fair and reasonable compensation and awarded pursuant to a competitive
contracting process.