Non‑Fair and Open Contracts
The South Monmouth Regional Sewerage Authority (SMRSA) requires that for a “Non‑Fair and Open Contract” to be awarded, the following requirements must be met in accordance with New Jersey’s Elections Transparency Act (P.L. 2023, c.30):
The Authority shall comply with the statewide pay‑to‑play provisions under N.J.S.A. 19:44A‑20.4 and 20.5. A “business entity” is defined by statute and must certify compliance with contribution restrictions.
- Contribution Restrictions: The contractor may not make reportable contributions under the NJ Campaign Contributions and Expenditures Reporting Act during the term of the contract, beginning at the time of award by the SMRSA Governing Body.
- Disclosure Certification: The business entity must file a Business Entity Disclosure Certification covering contributions made in the 12 months prior to award.
- Contract Value Threshold: The governing body must determine in writing that the contract has an anticipated value in excess of $17,500.
- Award Resolution: The Commissioners must pass a resolution awarding the contract.
- Certification Requirement: Completed Business Entity Disclosure forms must be provided to SMRSA prior to contract approval. The Commissioners cannot award a contract without the certification on file.
Fair and Open Contracts
The “Fair and Open Contract” process may be used for any contract that exceeds $17,500.00, but is less than the Local Public Contracts’ “Threshold”. This process has four minimum requirements:
- Publicly advertised (either conventionally in newspapers or posted on the Authority’s website) with “sufficient time” to give notice
- Awarded under “a process that provides for public solicitation of proposals or qualifications”, and
- Established on the basis of an award and disclosure process documented in writing prior to any solicitation; and
- Publicly opened and announced when awarded.
Under the “Fair and open Contract” process, a contract that made reportable contributions as described above.