Dear Lacey Township,

This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:

According to the P3 department in the New Jersey Treasury, the details of the unsolicited bid made by Johnson Controls fall under the OPRA and should be made available to the public. A screenshot of the email is posted below. Therefore, I am requesting a copy of the unsolicited bid made by Johnson Controls received by Lacey township in May of 2021 minus any redacted proprietary information. As always and as required by law, please respond electronically directly to this request and not a third party website of the townships choosing.

Good afternoon,

I do not believe there is a specific P3 regulation that applies. However, the Open Public Records Act would apply.

For unsolicited proposals, please see N.J.A.C. 17:49-6.4(c) (highlighted below).

17:49–6.4 Unsolicited proposals

(a) A local government unit may accept unsolicited proposals from private entities for public-private partnership agreements. A local government unit shall develop a process for accepting unsolicited proposals in expectation of receipt of an unsolicited proposal.

(b) An unsolicited proposal shall include, at a minimum, the following:

1. A description of the proposed public-private project, including the identified local government unit need to be fulfilled by the proposed project;

2. The estimated construction and life-cycle costs;

3. A timeline for development;

4. Proposed plan of financing, including projected revenues, public or private, debt, equity investment, and a description of how the project meets needs identified in existing plans;

5. An identification of the permits, approvals, and/or variances needed from local, State, and/or Federal agencies in order to develop the project; and

6. A projected schedule for obtaining such permits and approvals, and a statement of risks, liabilities, and responsibilities to be assumed by the private entity.

(c) A private entity submitting an unsolicited proposal shall provide a copy in which all proprietary information has been redacted, so that the description of the proposed public-private project may be shared publicly. In the event that a redacted copy is not provided, all materials shall be considered releasable.

I know you can't see it here, but (c) was highlighted.

Yours faithfully,

Veronica

Dear Amy McGuckin,

Dear Amy McGuckin,

There is nothing proprietary about the project costs and timeline which were supposed to be discussed with the public but there are entire sections missing from this report. I'm sorry you're caught in the tail end of this but this insistence by people before you to keep the public in the dark is not right.

Yours sincerely,

Veronica