New Jersey Assembly Bill A3423

New Jersey 2022-2023 Regular Session

• Introduced: 3/7/22
• Refer: 3/7/22

Caption

Concerns debarment of contractors for conviction of certain computer-related crimes.

Impact

The implications of this bill are significant for state laws concerning public contracting. By requiring a certification from vendors that neither they nor their subcontractors have any disqualifying convictions, this bill will create a more robust standard for selecting public contractors. Additionally, a registry will be established to maintain records of those deemed ineligible, enhancing transparency and accountability within state contracting processes. This initiative is seen as a proactive step towards securing state contracts against individuals or entities with a history of computer-related offenses.

Summary

Assembly Bill A3423 aims to establish strict regulations concerning the eligibility of contractors involved in public computer contracts in New Jersey. Specifically, it mandates that any contract for the purchase or maintenance of computer-related services must not allow vendors who have been convicted of certain computer-related crimes, such as violations related to computer fraud or unlawful access to computer systems, to participate. This initiative seeks to ensure that public funds are safeguarded from potential misuse by ensuring that those who have engaged in computer crimes are barred from public contracts.

Contention

While there is broad support for the principles behind A3423, it is anticipated that there could be challenges regarding the adequacy of the registry's enforcement and the implications for Chapter 52 of the Revised Statutes. Some potential points of contention may revolve around the definition of what constitutes a 'computer-related crime,' as well as concerns about the administrative burden placed on small contractors who may inadvertently employ disqualified individuals. Furthermore, the operational procedures for reporting and maintaining the registry may lead to debate on privacy and due process for those accused of offenses.