New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 4 - DEBARMENT, SUSPENSION AND DISQUALIFICATION OF FIRM(S) AND INDIVIDUAL(S) › Section 17:19-4.1 - Causes for debarment of a firm(s) or an individual(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the public
				interest, the DPMC may debar a firm or an individual for any of the following
				causes:
1. Commission of a criminal offense
				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. Civil or criminal
				violation of the Federal Organized Crime Control Act of 1970 or the New Jersey
				Racketeer Influenced and Corrupt Organizations Act,
				2C:41-1 et seq., or the 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. Violations of the
				Federal or any state antitrust statutes, or of the Federal Anti-Kickback Act (
				18 U.S.C. §
											874,
				40
				U.S.C. § 276c );
4. Violations
				of any of the laws governing the conduct of elections of the Federal
				government, any state or 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 work
				employment (10:2-1 et seq.), or of the act
				prohibiting discrimination by industries engaged in defense work in the
				employment of individuals 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. Violations of any
				Federal or state laws that may bear upon a lack of responsibility or moral
				integrity;
9. Willful failure to
				perform in accordance with contract specifications or within contractual time
				limits;
10. 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 firm or the individual
				debarred;
11. Violation of
				contractual or statutory provisions regulating contingent fees;
12. Any other cause affecting responsibility
				as a State contractor of such serious and compelling nature as may be
				determined by the DPMC to warrant debarment, including such conduct as may be
				prescribed by the laws or contracts enumerated in this section even if such
				conduct has not been or may not be prosecuted as violations of such laws or
				contracts;
13. Debarment or
				disqualification by any other agency of government;
14. Making any offer or agreement to pay or
				make payment of, either directly or indirectly, any fee, commission,
				compensation, gift, gratuity, or other thing of value of any kind to any State
				officer or employee of an agency of government with which such vendor transacts
				or offers or proposes to transact business, or to any member of the immediate
				family as defined by N.J.S.A. 52:13D-13i, of any such officer or employee of an
				agency of government, or any partnership, firm, or corporation with which they
				are employed or associated, or in which such officer or employee has an
				interest within the meaning of N.J.S.A. 52:13D-13g;
15. Failure by a vendor to immediately report
				to the Attorney General and to the Executive Commission on Ethical Standards in
				writing the solicitation of any fee, commission, compensation, gift, gratuity
				or other thing of value by any officer or employee of any State agency of
				government or special State officer or employee as defined by
				52:13D-13;
16. Failure by a vendor to immediately report
				in writing, or obtain a waiver from the Executive Commission on Ethical
				Standards for, the direct or indirect undertaking of any private business,
				commercial or entrepreneurial relationship (including the selling of any
				interest in such vendor), regardless of whether the relationship is pursuant to
				employment, contract or other agreement, express or implied, with the
				following:
i. Any State officer or employee
				of any State agency of government or special State officer or employee as
				defined by
				52:13D-13, having duties or
				responsibilities connected with the purchase, acquisition or sale of any
				property or services by or to any State agency of government or any
				instrumentality thereof; or
ii. Any
				firm or entity with which the State officer or employee of an State agency of
				government is employed or associated or has an interest in within the meaning
				of N.J.S.A. 52:13D-13g;
17. Influencing or attempting to influence or
				cause to be influenced, any officer or employee of any agency of government, in
				that officer's or employee's official capacity in any manner which might tend
				to impair the objectivity or independence of judgment of said officer or
				employee;
18. Causing or
				influencing or attempting to cause or influence, any State officer or employee
				of any State agency of government or special State officer or employee as
				defined by
				52:13D-13, to use, or attempt to
				use, that officer or employee's official position to secure unwarranted
				privileges or advantages for the vendor or any other firm or individual;
				and/or
19. Agreeing with any agency
				of government to refrain from bidding on public works projects for reasons
				that, in the discretion of the Director, warrant debarment.