reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 2 - COUNTY HUMAN SERVICES ADVISORY COUNCILS; THE STATE HUMAN SERVICES ADVISORY COUNCIL; AND COMMISSIONER'S EXECUTIVE ADVISORY COMMITTEE › Subchapter 2 - STATE HUMAN SERVICES ADVISORY COUNCIL › Section 10:2-2.3 - Administration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The State Human
				Services Advisory Council shall meet at least quarterly throughout the
				year.
(b) The State Human Services
				Advisory Council and any Ad Hoc committees shall be staffed by employees of the
				Departments. Resources and assistance to the Council will be provided by the
				Departments.
(c) The Chairperson of
				the State Human Services Advisory Council and the Commissioners of the
				Department of Human Services and the Department of Children and Families shall
				establish such committees as are required to carry out the goals of the
				Council. The Chairperson and the Commissioners shall determine the size,
				membership, and mandate of each committee.
(d) The SHSAC shall have a Chairperson and a
				Vice-Chairperson.
1. Upon agreement between
				the Commissioners, the Chairperson shall be appointed with input from the SHSAC
				and shall serve, within his or her term as a member of the Council, at the
				discretion of the Commissioners. A member may serve in this capacity for a
				maximum of three consecutive years. The responsibilities of the Chairperson
				include:
i. Setting the agenda of each full
				SHSAC meeting;
ii. Reviewing
				committee reports and recommendations;
iii. Reviewing membership
				participation;
iv. Providing
				direction for the overall operation of the SHSAC; and
v. Representing the SHSAC at the Commissioner
				Executive Advisory Committee (CEAC).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 2 - COUNTY HUMAN SERVICES ADVISORY COUNCILS; THE STATE HUMAN SERVICES ADVISORY COUNCIL; AND COMMISSIONER'S EXECUTIVE ADVISORY COMMITTEE › Subchapter 2 - STATE HUMAN SERVICES ADVISORY COUNCIL › Section 10:2-2.4 - Reserved

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 2 - COUNTY HUMAN SERVICES ADVISORY COUNCILS; THE STATE HUMAN SERVICES ADVISORY COUNCIL; AND COMMISSIONER'S EXECUTIVE ADVISORY COMMITTEE › Subchapter 3 - COMMISSIONER'S EXECUTIVE ADVISORY COMMITTEE › Section 10:2-3.1 - Mission

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The mission of
				the Commissioner's Executive Advisory Committee (CEAC) is to provide the
				State's human service community with a forum to advise the Commissioner of the
				Department of Human Services in the advancement and planning of human service
				goals and policy.
(b) Members of
				the Commissioner's Executive Advisory Committee will meet at the request of the
				Commissioner to:
1. Respond to new
				initiatives during the State's budget process;
2. Learn about, provide feedback and assist
				in developing major new Department and Divisional policy changes;
3. Learn about, provide feedback and assist
				in developing major new programming initiatives;
4. Bring significant Statewide, regional and
				community issues and problems to the attention of the Department;
5. Communicate to key stakeholders and
				elected officials the gains that can be achieved by the implementation of new
				policies and programs; and
6.
				Suggest a process or method of implementation on issues that will significantly
				impact the human service community.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 2 - COUNTY HUMAN SERVICES ADVISORY COUNCILS; THE STATE HUMAN SERVICES ADVISORY COUNCIL; AND COMMISSIONER'S EXECUTIVE ADVISORY COMMITTEE › Subchapter 3 - COMMISSIONER'S EXECUTIVE ADVISORY COMMITTEE › Section 10:2-3.2 - Membership

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Commissioner's Executive Advisory Committee may be convened by the Commissioner
				of the Department of Human Services with representatives from a wide and varied
				cross section of the human services community Statewide, which may include:
1. Children in families in need of
				services;
2. Persons who are
				severely/persistently mentally ill;
3. Persons with developmental
				disabilities;
4. Low-income persons
				and public assistance recipients;
5. Blind and visually impaired
				persons;
6. Persons who are deaf
				and hard of hearing;
7. The
				elderly;
8. Homeless individuals
				and families;
9. Other disabled
				persons;
10. Under-served
				populations requiring services from the Department;
11. Persons who represent the substance abuse
				community; and
12. Other advisory
				bodies or boards.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 2 - COUNTY HUMAN SERVICES ADVISORY COUNCILS; THE STATE HUMAN SERVICES ADVISORY COUNCIL; AND COMMISSIONER'S EXECUTIVE ADVISORY COMMITTEE › Subchapter 3 - COMMISSIONER'S EXECUTIVE ADVISORY COMMITTEE › Section 10:2-3.3 - Administration

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An employee of
				the Department of Human Services shall coordinate the Commissioner's Executive
				Advisory Committee. The Department will provide resources and assistance to the
				Committee.
(b) The Commissioner of
				the Department of Human Services will develop the agenda for the CEAC
				meetings.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 2 - COUNTY HUMAN SERVICES ADVISORY COUNCILS; THE STATE HUMAN SERVICES ADVISORY COUNCIL; AND COMMISSIONER'S EXECUTIVE ADVISORY COMMITTEE › Subchapter 3 - COMMISSIONER'S EXECUTIVE ADVISORY COMMITTEE › Section 10:2-3.4 - Reserved

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 3 - CONTRACT ADMINISTRATION › Subchapter 1 - DEBARMENT, SUSPENSION AND DISQUALIFICATION OF PERSON(S) › Section 10:3-1.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter,
				  shall have the following meanings unless the context clearly indicates
				  otherwise.
"Affiliates" means persons having a relationship such that
				  any one of them directly or indirectly controls or has the power to control
				  another.
"Commissioner" means the Commissioner of the Department of
				  Human Services or his designated representative.
"Debarment" means an exclusion from Department of Human
				  Services (DHS) contracting on the basis of a lack of responsibility evidenced
				  by an offense, failure, or inadequacy of performance for a reasonable period of
				  time commensurate with the seriousness of the offense, failure, or inadequacy
				  of performance.
"DHS contracting" means any arrangement giving rise to an
				  obligation to supply any thing to or perform any service for the DHS or
				  divisions within the DHS other than by virtue of State employment, or to supply
				  any thing to or perform any service for a private person where the State
				  provides substantial financial assistance and retains the right to approve or
				  disapprove the nature or quality of the goods or service of the persons who may
				  supply or perform the same.
"Disqualification" means a debarment or suspension which
				  denies or revokes a qualification to bid or otherwise engage in DHS contracting
				  which has been granted or applied for pursuant to statute or rules and
				  regulations.
"Person" means any natural person, company, firm,
				  association, corporation, or other entity.
"Suspension" means an exclusion from DHS contracting for a
				  temporary period of time pending the completion of an investigation or legal
				  proceedings.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 3 - CONTRACT ADMINISTRATION › Subchapter 1 - DEBARMENT, SUSPENSION AND DISQUALIFICATION OF PERSON(S) › Section 10:3-1.2 - Causes for debarment of a person

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Subject to the
				conditions hereinafter described, the Commissioner may debar a person for any
				of the following causes.
1. Commission of a
				criminal offense as an incident to obtaining or attempting to obtain a public
				or private contract, or subcontract thereunder, or in the performance of such
				contract or subcontract;
2.
				Violation of the Federal Organized Crime Control Act of 1970, or commission of
				embezzlement, theft, forgery, bribery, falsification or destruction of records,
				perjury, false swearing, receiving stolen property, obstruction of justice, or
				any other offense indicating a lack of business integrity or honesty;
3. Violation of the Federal or State
				Antitrust Statutes, or of the Federal Anti-Kickback Act (
				18 U.S.C.
				874, 40 U.S.C. 276 b, c);
4. Violations of any of the laws governing
				the conduct of elections of the Federal government, State of New Jersey or of
				its political subdivisions;
5.
				Violation of the "Law Against Discrimination" ( P.L. 1945, c.169,
				10:5-1 et seq., as supplemented by
				P.L. 1975, c.127), or of the act banning discrimination in public works
				employment (10:2-1 et seq.), or of the act
				prohibiting discrimination by industries engaged in defense work in the
				employment of persons therein ( P.L. 1942, c.114,
				10:1-10 et seq.);
6. Violations of any laws governing hours of
				labor, minimum wage standards, prevailing wage standards, discrimination in
				wages or child labor;
7. Violations
				of any laws governing the conduct of occupations or professions or regulated
				industries;
8. Willful failure to
				perform in accordance with contract specifications or within contractual time
				limits;
9. A record of failure to
				perform or of unsatisfactory performance in accordance with the terms of one or
				more contracts, provided that such failure or unsatisfactory performance has
				occurred within a reasonable time preceding the determination to debar and was
				caused by acts within the control of the person debarred;
10. Violation of contractual or statutory
				provisions regulating contingent fees;
11. Any other cause affecting responsibility
				as a State contractor of such serious and compelling nature as may be
				determined by the DHS or the divisions within DHS to warrant debarment,
				including such conduct as may be prohibited by the laws or contracts enumerated
				in this paragraph even if such conduct has not been or may not be prosecuted as
				violations of such laws or contracts. Divisions within the DHS may promulgate
				rules and regulations specifically setting forth other causes of such serious
				and compelling nature as to warrant debarment;
12. Debarment by another department or agency
				in the executive branch.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 3 - CONTRACT ADMINISTRATION › Subchapter 1 - DEBARMENT, SUSPENSION AND DISQUALIFICATION OF PERSON(S) › Section 10:3-1.3 - Conditions affecting debarment of a person(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Debarment shall
				be made only upon approval of the Commissioner except as otherwise provided by
				law.
(b) The existence of any of
				the causes set forth in
				10:3-1.2 shall not necessarily
				require that a person be debarred. In each instance, the decision to debar
				shall be made within the discretion of the Commissioner unless otherwise
				required by law, and shall be rendered in the best interests of the
				State.
(c) All mitigating factors
				shall be considered in determining the seriousness of the offense, failure or
				inadequacy of performance and in deciding whether debarment is
				warranted.
(d) The rendering of a
				final judgment or conviction based upon any of the grounds set forth in
				10:3-1.2(a)1 
				through 7, by either a court of competent jurisdiction or by an administrative
				agency empowered to render such judgment shall establish cause for debarment.
				In the event an appeal taken from such judgment or conviction results in
				reversal thereof, the debarment shall be removed upon the request of the
				debarred person unless other cause for debarment exists.
(e) The existence of a cause set forth in
				10:3-1.2(a)8 
				through 11 shall be established by evidence which the DHS determines to be
				clear and convincing in nature.
(f)
				Debarment for the cause set forth in
				10:3-1.2(a)12 
				shall be proper provided that one of the causes set forth in
				10:3-1.2(a)1 
				through 11 was the basis for debarment by the original debarring agency. Such
				debarment may be based entirely on the record of facts obtained by the original
				debarring agency, or upon a combination of such facts and additional
				facts.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 3 - CONTRACT ADMINISTRATION › Subchapter 1 - DEBARMENT, SUSPENSION AND DISQUALIFICATION OF PERSON(S) › Section 10:3-1.4 - Procedures, period of debarment and scope of debarment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The procedures,
				the period of debarment and scope of debarment are as follows:
1. The Department of Human Services, in
				seeking to debar a person or his affiliates, shall furnish such party with a
				written notice stating that debarment is being considered, setting forth the
				reasons for the proposed debarment and indicating that such party will be
				accorded an opportunity for a hearing if he so requests within a stated period
				of time. All such hearings shall be conducted in accordance with the provisions
				of the Administrative Procedure Act. However, where one department or agency
				has imposed debarment upon a party, the DHS may also impose a similar debarment
				without according an opportunity for a hearing, provided that the DHS furnishes
				notice of the proposed debarment to that party and accords that party an
				opportunity to present information in his behalf to explain why the proposed
				debarment should not be imposed in whole or in part.
2. Debarment shall be for a reasonable and
				definite period of time which as a general rule shall not exceed five years.
				Debarment for an additional period shall be permitted provided that notice
				thereof is furnished and the party is accorded an opportunity to present
				information in his behalf to explain why the additional period of debarment
				should not be imposed.
3. Except as
				otherwise provided by law, a debarment may be removed or the period thereof may
				be reduced in the discretion of the DHS upon the submission of a good faith
				application under oath, supported by documentary evidence, setting forth
				substantial and appropriate grounds for the granting of relief, such as newly
				discovered material evidence, reversal of a conviction or judgment, actual
				change of ownership, management or control or the elimination of the causes for
				which the debarment was imposed.
4.
				A debarment may include all known affiliates of a person, provided that each
				decision to include an affiliate is made on a case by case basis after giving
				due regard to all relevant facts and circumstances. The offense, failure or
				inadequacy of performance of an individual may be imputed to a person with whom
				he is affiliated where such conduct was accomplished within the course of his
				official duty or was effected by him with the knowledge or approval of such
				person.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 3 - CONTRACT ADMINISTRATION › Subchapter 1 - DEBARMENT, SUSPENSION AND DISQUALIFICATION OF PERSON(S) › Section 10:3-1.5 - Causes for suspension of a person(s)

Current through Register Vol. 56, No. 14, July 15, 2024
The commissioner may suspend a person for any cause
				  specified in this subchapter or upon adequate evidence that such cause exists.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 3 - CONTRACT ADMINISTRATION › Subchapter 1 - DEBARMENT, SUSPENSION AND DISQUALIFICATION OF PERSON(S) › Section 10:3-1.6 - Conditions for suspension of a person(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Suspension
				shall be imposed only upon approval of the commissioner and upon approval of
				the Attorney General except as otherwise provided by law.
(b) The existence of any cause for suspension
				shall not require that a suspension be imposed, and a decision to suspend shall
				be made at the discretion of the commissioner and of the Attorney General, and
				shall be rendered in the best interests of the State.
(c) Suspension shall not be based upon
				unsupported accusation but upon adequate evidence that cause exists or upon
				evidence adequate to create a reasonable suspicion that cause exists.
(d) In assessing whether adequate evidence
				exists, consideration shall be given to the amount of credible evidence which
				is available, to the existence or absence of corroboration as to important
				allegations, and to inferences which may properly be drawn from the existence
				or absence of affirmative facts.
(e) Reasonable suspicion of the existence of
				a cause described in
				10:3-1.2(a)  1
				through 7 may be established by rendering of a final judgment or conviction by
				a court or administrative agency of competent jurisdiction, by grand jury
				indictment, or by evidence that such violations of civil or criminal law did in
				fact occur.
(f) A suspension
				invoked by another agency for any of the causes described in this subchapter
				may be the basis for the imposition of a concurrent suspension by DHS which may
				impose such suspension without the approval of the Attorney General or his
				designee.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 3 - CONTRACT ADMINISTRATION › Subchapter 1 - DEBARMENT, SUSPENSION AND DISQUALIFICATION OF PERSON(S) › Section 10:3-1.7 - Procedures, period of suspension and scope of suspension

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The procedures,
				period of suspension and scope of suspension are as follows:
1. The DHS may suspend a person or his
				affiliates, provided that within 10 days after the effective date of the
				suspension, the agency provides such party with a written notice stating that a
				suspension has been imposed and its effective date, setting forth the reasons
				for the suspension to the extent that the Attorney General determines that such
				reasons may be properly disclosed, stating that the suspension is for a
				temporary period pending the completion of an investigation and such legal
				proceedings as may ensue, and indicating that, if such legal proceedings are
				not commenced or the suspension removed within 60 days of the date of such
				notice, the party will be given either a statement of the reasons for the
				suspension and an opportunity for a hearing if he so requests, or a statement
				declining to give such reasons and setting forth the agency's position
				regarding the continuation of the suspension. Where a suspension by one agency
				has been the basis for suspension by the DHS, the DHS shall note that fact as a
				reason for its suspension.
2. A
				suspension may include all known affiliates of a person, provided that each
				decision to include an affiliate is made on a case by case basis after giving
				due regard to all relevant facts and circumstances. The offense, failure or
				inadequacy of performance of an individual may be imputed to a person with whom
				he is affiliated, where such conduct was accomplished within the course of his
				official duty or was effectuated by him with the knowledge or approval of such
				person.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 3 - CONTRACT ADMINISTRATION › Subchapter 1 - DEBARMENT, SUSPENSION AND DISQUALIFICATION OF PERSON(S) › Section 10:3-1.8 - Extent of debarment, suspension or disqualification

Current through Register Vol. 56, No. 14, July 15, 2024
The exclusion from DHS contracting by virtue of debarment,
				  suspension or disqualification shall extend to all State contracting and
				  subcontracting within the control or jurisdiction of the DHS. However, when it
				  is determined essential to the public interest by the commissioner, and upon
				  filing of a finding thereof with the Attorney General, an exception from total
				  exclusion may be made with respect to a particular State contract.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 3 - CONTRACT ADMINISTRATION › Subchapter 1 - DEBARMENT, SUSPENSION AND DISQUALIFICATION OF PERSON(S) › Section 10:3-1.9 - Prior notice

Current through Register Vol. 56, No. 14, July 15, 2024
Insofar as practicable, prior notice of any proposed
				  debarment or suspension shall be given to the Attorney General, or his
				  designee, and the Treasurer.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 3 - CONTRACT ADMINISTRATION › Subchapter 1 - DEBARMENT, SUSPENSION AND DISQUALIFICATION OF PERSON(S) › Section 10:3-1.10 - List of debarred, suspended or disqualified person(s)

Current through Register Vol. 56, No. 14, July 15, 2024
The DHS shall supply to the State Treasurer, a monthly list
				  of all persons having been debarred, suspended, or disqualified in accordance
				  with the procedures prescribed herein. Such lists shall at all times be
				  available for public inspection.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 3 - CONTRACT ADMINISTRATION › Subchapter 1 - DEBARMENT, SUSPENSION AND DISQUALIFICATION OF PERSON(S) › Section 10:3-1.11 - Authority to contract

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing required by this order shall be construed to limit
				  the authority of the DHS or its divisions to refrain from contracting within
				  the discretion allowed by law.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 3 - CONTRACT ADMINISTRATION › Subchapter 1 - DEBARMENT, SUSPENSION AND DISQUALIFICATION OF PERSON(S) › Section 10:3-1.12 - Impact upon existing regulations

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this subchapter shall not be deemed to
				  amend, revoke, or otherwise alter any existing regulations already adopted by
				  divisions within the DHS concerning debarment, suspension or disqualification
				  proceedings except insofar as such regulations or parts thereof are in direct
				  conflict with the provisions of this subchapter and then only to the extent
				  that such regulations or parts thereof are in conflict.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 3 - CONTRACT ADMINISTRATION › Subchapter 1 - DEBARMENT, SUSPENSION AND DISQUALIFICATION OF PERSON(S) › Section 10:3-1.13 - Appeals

Current through Register Vol. 56, No. 14, July 15, 2024
Any appeals under the provisions of this subchapter shall be
				  conducted pursuant to the Administrative Procedure Act (52:14B-1 et seq. and 52:14F-1 et
				  seq.) and the Uniform Administrative Procedure rules (N.J.A.C. 1:1).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 3 - CONTRACT ADMINISTRATION › Subchapter 2 - CAPITAL FUNDING PROGRAM AND FUNDING AGREEMENT › Section 10:3-2.1 - Capital funding program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				of Human Services has established a Capital Funding Program entailing
				contracting with private and local government agencies in order to carry out
				the purposes of the New Jersey Public Purpose Buildings Construction Bond Act
				of 1980 ( P.L. 1980, c.119), the New Jersey Human Services Facilities
				Construction Bond Act of 1984 ( P.L. 1984, c.157), the Public Purpose Buildings
				and Community Based Facility Construction Bonds Act ( P.L. 1989, c.184), and
				the Developmental Disabilities Waiting List Reduction and Human Services
				Facilities Construction Bond Act of 1994 ( P.L. 1994, c.108).
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 3 - CONTRACT ADMINISTRATION › Subchapter 2 - CAPITAL FUNDING PROGRAM AND FUNDING AGREEMENT › Section 10:3-2.2 - Capital Funding Agreement for Construction, Purchase, or Purchase and Renovation of Community-Based Facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				efforts to consolidate division-specific contracts/agreements has culminated in
				the development of a Standard Contract/Agreement Document for the Construction,
				Purchase, or Purchase and Renovation of Community-Based Facilities. Copies of
				the Standard Document and updates may be obtained from:
Facilities Support Services
Department of Human Services
PO Box 700
Trenton, New Jersey 08625-0700
(b) In the event of a conflict between the
				standard document referred to in (a) above and any other agency rule in Title
				10, the standard document shall prevail. Contract administration rules or
				documents formerly adopted or adopted in the future pertaining to specific
				divisions within the Department shall apply to the extent that they are not
				inconsistent with the standard document.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 3 - CONTRACT ADMINISTRATION › Subchapter 2 - CAPITAL FUNDING PROGRAM AND FUNDING AGREEMENT › Section 10:3-2.3 - Capital Funding Agreement for Renovation, Remodeling, Extension or Other Improvements to Agency-Owned or Leased Community Facilities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				efforts to consolidate division-specific contracts/agreements has culminated in
				the development of a Standard Contract/Agreement Document for the Renovation,
				Remodeling, Extension or Other Improvements to Agency-Owned or Leased Community
				Facilities. Copies of the Standard Document and updates may be obtained from:
Facilities Support Services
Department of Human Services
PO Box 700
Trenton, New Jersey 08625-0700
(b) In the event of a conflict between the
				standard document referred to in (a) above and any other agency rule in Title
				10, the standard document shall prevail. Contract administration rules or
				documents formerly adopted or adopted in the future pertaining to specific
				divisions within the Department shall apply to the extent that they are not
				inconsistent with the standard document.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 3 - CONTRACT ADMINISTRATION › Subchapter 2 - CAPITAL FUNDING PROGRAM AND FUNDING AGREEMENT › Section 10:3-2.4 - Capital Funding Agreement for Community-Based Facility Planning and Design Services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department,
				continuing in its efforts to consolidate contracts and agreements, has
				developed the Funding Agreement for Community-Based Facility Planning and
				Design Services document to be used by all divisions for preliminary
				planning/design services. Copies of the standard document and updates may be
				obtained from:
Facilities Support Services
Department of Human Services
PO Box 700
Trenton, New Jersey 08625-0700
(b) In the event of conflict between the
				standard document referred to in (a) above and any other agency rule in Title
				10, the standard document shall prevail. Contract administration rules or
				documents formerly adopted or adopted in the future pertaining to specific
				divisions within the Department shall apply to the extent that they are not
				inconsistent with the standard document.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 3 - CONTRACT ADMINISTRATION › Subchapter 3 - REQUEST FOR PROPOSAL › Section 10:3-3.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter applies to all departmental components,
				  County Human Services Advisory Councils (CHSACs) and designated entities when
				  departmental components choose to issue an RFP, and to all groups or entities
				  responding to RFPs for contracts for the provision of third-party social
				  services or training. The RFP process shall not be required for renewal or
				  expansion of Department purchase of service contracts, unless the departmental
				  component chooses to request proposals.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 3 - CONTRACT ADMINISTRATION › Subchapter 3 - REQUEST FOR PROPOSAL › Section 10:3-3.4 - Sole source services

Current through Register Vol. 56, No. 14, July 15, 2024
Where there is none or only one response to the RFP, after
				  specifications of the RFP have been cited and all criteria of this subchapter
				  have been met, documentation of any and all efforts to obtain multiple
				  responses shall be kept in the Department RFP file. Documentation shall also be
				  retained of every contact made by the departmental component or
				  CHSAC/designated entity to find a provider agency to fulfill the required
				  services.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 3 - CONTRACT ADMINISTRATION › Subchapter 3 - REQUEST FOR PROPOSAL › Section 10:3-3.5 - Internal controls for proposals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				departmental component or CHSAC/designated entity shall maintain all
				correspondence to and from the departmental component or CHSAC/designated
				entity, whichever is applicable, in a file retained in the individual program
				RFP records.
(b) The person who
				maintains the correspondence file shall be different from the staff personnel
				who are on the review panel and participating in the selection
				process.
(c) The log shall
				indicate, at minimum, the following information:
1. The name of the program;
2. The submission deadline date;
3. The date the completed proposal was
				received from the applicant;
4. The
				name of the Department or CHSAC/designated entity staff person receiving the
				proposal for review and selection;
5. The decision of the review panel in
				awarding the contract; and
6. The
				date the decision letter notifying the applicant of acceptance or rejection was
				sent.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 3 - CONTRACT ADMINISTRATION › Subchapter 3 - REQUEST FOR PROPOSAL › Section 10:3-3.6 - Funding proposal program summary and evaluation data; list of required information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The funding
				proposal requirements shall apply to all proposals submitted to a departmental
				component or CHSAC/designated entity. Each proposal submitted to a departmental
				component or CHSAC/ designated entity shall contain the following:
1. The funding proposal cover sheet, which
				shall include at minimum:
i. The incorporated
				name of the applicant;
ii. The
				agency type (that is, profit, nonprofit, hospital-based, public);
iii. The Federal ID;
iv. The charities registration number, if
				applicable;
v. The
				address;
vi. The contact person,
				with the person's name, title, phone number, fax number and E-mail address, if
				applicable;
vii. The total dollar
				amount requested;
viii. The fiscal
				year end; and
ix. An authorization
				signature of the chief executive officer of the entity submitting the
				proposal.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 3 - CONTRACT ADMINISTRATION › Subchapter 3 - REQUEST FOR PROPOSAL › Section 10:3-3.7 - Composition of review panel

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The unit
				responsible for RFP coordination shall convene a review panel consisting, at a
				minimum, of five public employees. These public employees on the review panel
				will serve as the sole voting members in the contractual award selection
				process. The panel may consist of a diverse group of people having expertise in
				areas, such as contracting, finance and programs/services, including
				Departmental regional and/or county/local representatives; or an allocations
				review panel under the auspices of the CHSAC/other appropriate community
				designated entity including, among others, mental health boards and commissions
				for individuals with disabilities. The responsible unit shall present an
				objective process to the review panel for the purpose of rating the proposals.
				In addition thereto, if needed, the Departmental component may convene an
				advisory panel consisting of community stakeholders and clients/consumers to
				provide their programmatic and service-oriented expertise to the review panel,
				as appropriate. Members of the advisory panel shall act in an advisory capacity
				in order to make recommendations to the review panel only and shall not have a
				vote in the contractual award process and shall not render advice on any matter
				in which they, their employer or a family member have a pecuniary
				interest.
(b) A panel member must
				disqualify himself or herself from the panel when he or she has any interest,
				financial, or otherwise, direct or indirect, in the results of the panel's
				evaluations (see Conflict of Interest Law,
				52:13D-12 et seq.). All review and
				advisory panel members shall be required to complete a conflict of interest
				form.
(c) The review panel may
				utilize the services of a consultant/expert to provide programmatic or other
				technical expertise that may assist the voting members in the review process.
				Consultants shall not serve as voting members of the review panel and shall be
				required to complete a conflict of interest form.
(d) The rating system to be used in
				evaluating criteria, such as numeric, shall generally be determined by the
				responsible unit.
(e)
				Recommendations of the panel are regarded as confidential until the awards are
				publicly announced.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 3 - CONTRACT ADMINISTRATION › Subchapter 3 - REQUEST FOR PROPOSAL › Section 10:3-3.8 - Evaluation of the proposal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All meetings of
				the review panel shall be documented, including a summary of the results of the
				meetings.
(b) The evaluation of the
				applicant's proposals shall be in writing using a pre-established evaluation
				form that explains the rating system used for the evaluation.
(c) Proposal shall be evaluated by a review
				panel using, at minimum, the required general criteria of the written RFP as
				outlined in
				10:3-3.6. At a minimum, the
				information required by
				10:3-3.6(a) 
				shall be evaluated by a review panel to ensure satisfactory documentation,
				capability, clarity, reasonableness and consistency with the needs and
				requirements of the RPF.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 3 - CONTRACT ADMINISTRATION › Subchapter 3 - REQUEST FOR PROPOSAL › Section 10:3-3.9 - Evaluation of applicant

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The applicant
				shall be evaluated to determine the following, and the departmental component
				or CHSAC/designated entity may conduct an onsite evaluation, if deemed
				necessary. The CHSC/designated entity shall evaluate the applicant only on
				those factors with which they are familiar or about which they have accurate
				information. The departmental component shall be responsible for evaluation of
				all information presented by the applicant as specified in the RFP. The
				following should be included in the presentation:
1. Ability to comply with all terms and
				conditions of the standard language document and its associated annexes and
				attachments;
2. Prior history in
				the delivery of the same or similar services;
3. Qualifications of staff;
4. Adequacy of facilities;
5. Ability to manage the fiscal aspects of
				the contract including a satisfactory past history (a pre-award survey may be
				necessary prior to the signing of the contract);
6. Accountability of the program and
				management initiatives to ensure accountability of the staff, for example,
				supervision and training of staff, planned levels of service, and contingency
				plans to ensure attainment of objectives;
7. Evidence of ability (including
				satisfactory past performance and evaluation) to provide the proposed services
				to the target population, including limited English proficient and bicultural
				populations;
8. Evidence of the
				existence of adequate resources, facilities, and equipment to operate the
				proposed program;
9. Review of
				required documents; and
10.
				Opinions of references or other agencies that contract with the
				applicant.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 3 - CONTRACT ADMINISTRATION › Subchapter 3 - REQUEST FOR PROPOSAL › Section 10:3-3.10 - Notification of selection

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon
				determining which proposals are most responsive and advantageous to the needs
				of the clients to be served or services to be rendered, costs and other factors
				considered, the Departmental component shall notify all applicants in writing
				of its selection within the time frames specified in the request for proposal,
				not to exceed 90 days from publication of the RFP announcement on the
				Department's public notice website. The protest process, if done by the
				component, must be completed in a time frame appropriate to the Department's
				policies, which shall be referenced in the RFP and the total RFP process shall
				not exceed 120 days from publication of the RFP announcement on the
				Department's public notice website.
(b) Acceptance letters shall indicate that:
1. The award is contingent on contract
				negotiation and that if, anytime before or during the contract negotiations, it
				is found that the agency awarded the contract is incapable of providing the
				necessary services or has misrepresented any material fact or its ability to
				handle the funding or provide the solicited services, the award may be
				rescinded. The rescission shall be made in writing, specifying why the award
				has been withdrawn.
2. The contract
				is not binding until funding has been verified and the Department's Standard
				Language Document is signed by both parties.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 3 - CONTRACT ADMINISTRATION › Subchapter 3 - REQUEST FOR PROPOSAL › Section 10:3-3.11 - Document retention

Current through Register Vol. 56, No. 14, July 15, 2024
Awarded contracts, signed originals, all support materials
				  and the recorded copy shall be retained by the departmental component for three
				  years after the termination of the contract and four years thereafter at the
				  records center prior to destruction. Unsuccessful proposals shall be retained
				  for three years by the departmental component and then may be destroyed. The
				  materials to be retained includes the RFP, the applicant proposals, all
				  evaluation sheets, documentation from all review panel meetings, all
				  privatization documentation and any other documentation that details why the
				  agency was selected or not selected.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 3 - CONTRACT ADMINISTRATION › Subchapter 3 - REQUEST FOR PROPOSAL › Section 10:3-3.12 - Contract negotiations

Current through Register Vol. 56, No. 14, July 15, 2024
At the time an award is made to the applicant, negotiations
				  shall proceed with the process of preparing and submitting a formal contract
				  proposal package to the Department. The initial proposal as modified and agreed
				  to by both parties may serve as the Annex A program description for the
				  contract.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 3 - CONTRACT ADMINISTRATION › Subchapter 3 - REQUEST FOR PROPOSAL › Section 10:3-3.13 - Exceptions to procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The 120-day
				limitation may be adjusted accordingly by the Department if:
1. The announcement of the availability of
				funds limits the Department to less than 90 days for allocation, obligation,
				and/or expenditure of funds; or
2.
				The process requires an extension because of unforeseen
				circumstances.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 4 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 1 - DEFINITIONS › Section 10:4-1.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, as used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
"ADA" means the Americans with Disabilities Act, 42 U.S.C.A.
				  § 12101 et seq.
"Agency" means the New Jersey Department of Human
				  Services.
"Designated decision maker" means the Commissioner of Human
				  Services or his or her designee.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 4 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 2 - GENERAL PROVISIONS › Section 10:4-2.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) These rules are
				adopted by the agency in satisfaction of the requirements of the ADA and
				regulations promulgated pursuant thereto,
				28
				C.F.R. 35.107.
(b) The purpose of these rules is to
				establish a designated coordinator whose duties shall include assuring that the
				agency complies with and carries out its responsibilities under the ADA. Those
				duties shall also include the investigation of any complaint filed with the
				agency pursuant to N.J.A.C. 10:4-4.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 4 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 3 - DESIGNATED ADA COORDINATOR › Section 10:4-3.1 - Designated ADA coordinator

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The designated
				coordinator of ADA compliance and complaint investigation for the agency is:
ADA Coordinator
New Jersey Department of Human Services
CN 700
Trenton, New Jersey 08625
(b) All inquiries regarding the agency's
				compliance with the ADA and the availability of accommodation which would allow
				a qualified individual with a disability to receive services or participate in
				a program or activity provided by the agency should be directed to the
				designated coordinator identified in (a) above.
(c) All grievances alleging that the agency
				has failed to comply with or has acted in a way that is prohibited by the ADA
				should be directed to the designated ADA coordinator identified in this
				section, in accordance with the procedures set forth in N.J.A.C.
				10:4-4.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 4 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 4 - ADA GRIEVANCE PROCEDURE › Section 10:4-4.1 - Grievance procedure

Current through Register Vol. 56, No. 14, July 15, 2024
A grievance alleging that the agency has failed to comply
				  with the ADA or has acted in a way that is prohibited by the ADA shall be
				  submitted either in writing or orally to the designated ADA coordinator
				  identified in
				  10:4-3.1 within 30 days of the
				  grievant becoming aware of the alleged violation. A grievance alleging
				  employment discrimination will be processed pursuant to the rules of the
				  Department of Personnel,
				  4A:7-1.1 through 3.4, if those
				  rules are applicable.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 4 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 4 - ADA GRIEVANCE PROCEDURE › Section 10:4-4.2 - Grievance contents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A grievance
				submitted pursuant to this subchapter may be submitted in or on the form set
				forth at 10:4-4.3.
(b) A grievance submitted pursuant to this
				subchapter shall include the following information:
1. The name of the grievant and/or any
				alternate contact person designated by the grievant to receive communication or
				provide information for the grievant;
2. The address and telephone number of the
				grievant or alternate contact person; and
3. A description of manner in which the ADA
				has not been complied with or has been violated, including times and locations
				of events and names of witnesses if appropriate.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 4 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 4 - ADA GRIEVANCE PROCEDURE › Section 10:4-4.3 - Grievance form

Current through Register Vol. 56, No. 14, July 15, 2024
The following form may be utilized for the submission of a
				  grievance pursuant to this subchapter:
Americans with Disabilities Act Grievance Form
Date: .........
Name of grievant:
.....................................................................
Address of grievant:
.....................................................................
Telephone number of grievant:
.....................................................................
Name, address and telephone number of alternate contact
				  person:
.....................................................................
.....................................................................
.....................................................................
Agency alleged to have denied access:
Department:
.....................................................................
Division:
.....................................................................
Bureau or office:
.....................................................................
Location:
.....................................................................
Incident or barrier:
.....................................................................
Please describe the particular way in which you believe you
				  have been denied the benefits of any service, program or activity or have
				  otherwise been subject to discrimination. Please specify dates, times and
				  places of incidents, and names and/or positions of agency employees involved,
				  if any, as well as names, addresses and telephone numbers of any witnesses to
				  any such incident. Attach additional pages if necessary.
.....................................................................
.....................................................................
.....................................................................
.....................................................................
.....................................................................
.....................................................................
Proposed access or accommodation:
If you wish, describe the way in which you feel access may be
				  had to the benefits described above, or that accommodation could be provided to
				  allow access.
.....................................................................
.....................................................................
.....................................................................
A copy of the above form may be obtained by contacting the
				  designated ADA coordinator identified at
				  10:4-3.1.
New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 4 - DISABILITY DISCRIMINATION GRIEVANCE PROCEDURE › Subchapter 4 - ADA GRIEVANCE PROCEDURE › Section 10:4-4.4 - Investigation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of
				a grievance submitted pursuant to this subchapter, the designated ADA
				coordinator will notify the grievant of the receipt of the grievance and the
				initiation of an investigation into the matter. The designated ADA coordinator
				will also indicate a date by which it is expected that the investigation will
				be completed, which date shall not be later than 45 days from the date of
				receipt of the grievance if practicable or unless a later date is agreed to by
				the grievant.
(b) Upon completion
				of the investigation, the designated ADA coordinator shall prepare a report for
				review by the designated decision maker for the agency. The designated decision
				maker shall render a written decision within 45 days of receipt of the
				grievance, if practicable or unless a later date is agreed to by the grievant,
				which decision shall be transmitted to the grievant and/or the alternate
				contact person if so designated by the grievant.