LEGAL NOTICE NEW JERSEY TRANSIT CORPORATION

OFFICIAL NOTICE
NEW JERSEY TRANSIT CORPORATION
NJAC 16:72 - New Jersey Transit Procurement Policies and Procedures
Notice is given that New Jersey Transit Corporation (NJ TRANSIT) proposes to reauthorize New Jersey Administrative Code Section 16:72 (NJAC 16:72), Purchasing Policies and Procedures, as amended. The rules were first adopted on June 4, 1981 and reauthorized on June 11, 2019. NJ TRANSIT has reviewed the proposed rules and has determined that the rules are necessary, adequate, reasonable, effective, understandable, and fit for the purposes for which they are being enacted, except for certain changes noted below, and therefore proposes to reauthorize the section as amended.
Summary of proposed amendments to subsections of NJAC 16:72:
Minor revisions were made to the document, including updating the address of NJ TRANSIT's headquarters and changing the job title from "Executive Director" to "President and CEO."
Subdivision 1, General Provisions, at NJAC 16:72-1.2, is updated to define the term "negotiations." NJAC 16:72-1.5(b) is updated to provide more detailed requirements for procurement, including a request for quotations. Changes are proposed to 16:72-1.5(e) to provide justification for exceptional procurement: for required technical "services" that must be compatible with existing technology and for situations where NJ TRANSIT has the opportunity to test or evaluate an innovative concept or technology that has potential benefit to the organization. NJAC 16:72-1.5(j) also adds a reference to NJ TRANSIT's contracting regulations, which permit contracts to be entered into with public or private entities when necessary to provide public transportation.
Subsections 2, Invitations for Bids (IFB), and 3, Requests for Proposals (RFP), were also amended to reflect permission to publish IFBs in electronic newspapers and to discontinue the acceptance and return of paper bids and proposals during procurement proceedings. NJAC 16:72-2.4 was revised to provide for NJ TRANSIT's right to review a contractor's prequalification status assigned by another governmental agency. NJAC 16:72-3.4 was added to allow NJ TRANSIT to waive any minor formal inconsistencies or errors in an RFP. NJAC 16:72-3.9 was also added to provide for the possibility of negotiation of the terms of the contract. N.J.A.C. 16:72-2.6 is amended to clarify language and provide N.J. TRANSIT with greater flexibility by striking the words “shall not be vacated unless vacating is in the best interests of N.J. TRANSIT” and replacing them with “may be vacated if vacating is in the best interests of N.J. TRANSIT or the public interest.” N.J.A.C. 16:72-2.6a, 2.12(a)7, 2.13(f), 3.5, 3.10(a)6, 6.3(a)2, and 6.6(a)2 are also amended to add the language “in the public interest.” N.J.A.C. 16:72-2.8 and 2.10 are amended to eliminate provisions for the return of bids to bidders in the event of a canceled invitation to bid or a late bid submission. NJAC 16:72-2.19 amended
amended to add "in good faith." N.J.A.C. 16:72-2.20(a) is amended to add "or businesses owned by disabled veterans."
Subsection 4, Design-Build (DB) Projects, has been revised to remove unnecessary provisions on exclusion, suspension of eligibility and disqualification of persons, which are now contained in subsection 6.
Subdivision 5, Contracts for Professional Services, is amended to include provisions for professional architectural, engineering, and land surveying services consistent with the requirements of N.J.S.A. 52:34-9.5(c).
Subdivision 6, Removal, Suspension, and Disqualification of Persons, is amended to include the removal, suspension, and disqualification provisions previously contained in subdivision 5. Subdivision 6 is amended by striking the reference to "the Attorney General" in N.J.A.C. 16:72-6.6(a)1 and 2 and by replacing "without the approval of the Attorney General" with "in the discretion of the President and the Director General" in N.J.A.C. 16:72-6.6(a)6. Subsection 6 is also amended to delete the language "to the extent the Attorney General deems appropriate disclosure of such reasons" from N.J.A.C. 16:72-6.7(a)1 and the provision "A copy of such exception shall be sent to the Attorney General" from N.J.A.C. 16:72-6.9. These changes reflect that such decisions are made in the best interests of NJ TRANSIT at the discretion of the President and the CEO or their designees, and not the Attorney General.
Subdivision 7, Complaints, is moved from subdivision 6 and describes procedures for filing complaints regarding contracts entered into during procurement. Subdivision 7 is supplemented with the language “and NJAC 16:72” in NJAC 16:72-7.1 and with the language “virtual or telephone presentations” in NJAC 16:72-7.5(b).
Copies of the proposed rules may be obtained by sending a letter to the following address:
Compliance Department
New Jersey Transit Corporation
283-299 Market Street
18th Floor
Newark, NJ 07102
Email: [email protected]
The full text of the proposed rules will be published in the New Jersey Register on August 4, 2025. The text of the proposed rules is also available on the NJ TRANSIT website at https://www.njtransit.com/resources/regulations-statute-bylaws . Comments on the new rules should be submitted in writing to the address above by October 3, 2025.
Kris Kolluri
President and CEO of New Jersey Transit Corporation