New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 14 - DISABLED VETERAN-OWNED BUSINESS REGISTRATION › Subchapter 1 - GENERAL PROVISIONS › Section 17:14-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
"Bidder" means any individual or business entity submitting a
				  proposal, quotation, or other offer to do business with the State of New Jersey
				  in response to an invitation for bids.
"Bidding threshold" means the dollar limit placed on all
				  public contracting agencies pursuant to
				  N.J.S.A.
				  52:34-7 or
				  52:25-23
				  to establish when public advertisement of bids is required.
"Construction contract" means any contract to which the State
				  or any State contracting agency is a party involving any construction,
				  renovation, reconstruction, rehabilitation, alteration, conversion, extension,
				  or demolition of or repair or other changes or improvements of any kind
				  whatsoever to any State public structure or facility. The term also includes
				  contracts for consultant services, supervision, inspection, and other functions
				  incidental to actual construction.
"Consultant" means an architect, engineer, construction
				  manager, or other provider of technical and professional services.
"Contractor" means any party awarded a contract or agreement
				  to provide goods and services or design and/or construction services to the
				  State of New Jersey.
"Delegated purchasing authority" means the authority of a
				  State agency to award contracts below the bid threshold amount pursuant to
				  authority delegated by the Director, Division of Purchase and Property (See
				  N.J.S.A.
				  52:25-23) or for design and construction
				  contracts pursuant to the authority delegated by the Director, Division of
				  Property Management and Construction (see
				  N.J.S.A.
				  52:34-7).
"Department" means the Department of the Treasury.
"Director" means the head of the Division of Revenue and
				  Enterprise Services in the Department of the Treasury.
"Disabled veteran-owned business" means a business that has
				  its principal place of business in the State, is independently owned and
				  operated, and at least 51 percent of which is owned and controlled by persons
				  who are disabled veterans or a business that has its principal place of
				  business in this State and has been officially verified by the United States
				  Department of Veterans' Affairs as a service disabled veteran-owned business
				  for the purposes of Federal department contracts pursuant to Federal
				  law.
"Disabled veteran business database" means the State database
				  that is accessible via a link on the Division's webpage at
www.nj.gov/njbgs
; the database lists
				  disabled veteran-owned businesses and is available for use by State contracting
				  agencies and others in confirming eligibility for set-aside contracts and
				  subcontracts and in reporting progress toward established contract award
				  goals.
"Disabled veteran-owned business set-aside unit" or "Unit"
				  means the section in the Department of the Treasury that provides oversight and
				  direction for the disabled veteran-owned business set-aside program for the
				  State of New Jersey.
"Division of Property Management and Construction" or "DPMC"
				  means the division within the Department of the Treasury that provides a
				  centralized design and construction contract procurement and administration
				  service for other State agencies pursuant to
				  N.J.S.A.
				  52:18A-151et seq.
"Division of Purchase and Property" means the division within
				  the Department of the Treasury that provides centralized procurement of goods
				  and services for Executive Branch State agencies pursuant to
				  N.J.S.A.
				  52:27B-56.
"Division of Revenue and Enterprise Services" or "Division"
				  means the division in the Department of the Treasury that administers the
				  registration of disabled veteran-owned business enterprises.
"Goal" means the statutorily determined percentage of
				  contracting dollars awarded by each State contracting agency to disabled
				  veteran-owned businesses in order to comply with the statutory set-aside
				  provisions. It includes the percentage of State contracting dollars that the
				  State contracting agency makes a good faith effort to award to disabled
				  veteran-owned businesses.
"Invitation for Bids" or "IFB" means the document issued by a
				  State contracting agency to initiate an advertised bidding and contract award
				  process, and includes Requests for Proposals (RFPs). The IFB establishes the
				  contract's terms and conditions, the product and/or service specifications, and
				  the bidding eligibility to businesses approved as disabled veteran-owned
				  business entities.
"Premier Business Services" means online business services
				  provided via the State's business portal at
www.nj.gov/njbusiness/home/pbs/
,
				  which include tax filing and payment services for which a business must
				  register as part of its disabled veteran-owned business application.
"Principal place of business" means the location where 51
				  percent or more of a business' employees work, as evidenced by the payment of
				  unemployment taxes, or the location where 51 percent or more of business
				  operations occur, as supported by income or business tax returns.
"Registration" means the process by which any disabled
				  veteran-owned business can have its eligibility for participation in the
				  Department's disabled veteran-owned business programs determined.
"Request for Proposals" or "RFP" means the document issued by
				  a State contracting agency to initiate an advertised bidding and contract award
				  process.
"Set-Aside Act" means the New Jersey Set-Aside Act for
				  Disabled Veteran's Businesses,
				  N.J.S.A.
				  52:32-31.1et seq. (
				  P.L.
				  2015, c. 116 ).
"Set-aside contract," for the purposes of construing and
				  applying the rules in this chapter only, means a contract, specifically
				  designated by a contracting agency, in whole or in part, for award to a
				  disabled veteran-owned business, which may include a component allowing the use
				  of subcontractors to satisfy the requirements of a set-aside.
"State contracting agency" or "contracting agency" means any
				  board, commission, committee, authority, division, department, college, or
				  university of the State that possesses the legal authority to enter into or
				  award contracts for goods and services or design and construction
				  contracts.
"Subcontractor" means a third-party that is engaged by a
				  contractor to perform all or part of the goods, services, or construction
				  services included in a contract with the State.
"Term contract" means an award made by a State contracting
				  agency in which a source of supply for a product or service is established for
				  a specific period of time. A term contract is generally applied when a State
				  contracting agency:
1. Establishes a fixed unit price, hourly rate, or discount
				  for items or services to be purchased thereunder;
2. Provides for some estimated dollar volume or minimum
				  quantities to be purchased; or
3. Provides for the rebidding of any single purchase that
				  exceeds a specified maximum amount. "Treasurer" means the Treasurer of the
				  State of New Jersey or his or her designee.
"Vendor Registration Form" means the form available via a
				  link on the Division's website at
www.nj.gov/njbgs
, that a business completes
				  when applying to register as a disabled veteran-owned business under this
				  chapter.
"Veteran" means any citizen and resident of this State
				  honorably discharged, or released under honorable circumstances, who served in
				  any branch of the Armed Forces of the United States, or a Reserve component
				  thereof, for at least 90 days and shall include disabled veterans.