reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 2 - ADVERTISED PROCUREMENT PROCEDURES › Section 17:12-2.4 - Bid security

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director
				may require bid security when appropriate, based upon a review of market
				conditions and an evaluation of potential risk to the State.
(b) Bid security, in such amount as the
				Director deems necessary, shall consist of a certified or cashier's check drawn
				to the order of "Treasurer, State of New Jersey," an individual or annual bid
				bond issued by an insurance or security company authorized to do business in
				the State of New Jersey, or an irrevocable letter of credit issued by a
				Federally insured financial institution and naming "Treasurer, State of New
				Jersey" as beneficiary, and/or other form of security as required by the
				Director.
(c) A bidder's failure to
				submit the required bid security with its proposal shall be cause for rejection
				of the proposal.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 2 - ADVERTISED PROCUREMENT PROCEDURES › Section 17:12-2.5 - Performance security

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director
				may determine performance security is warranted for a particular contract and,
				if so, shall set the amount of security necessary to protect the State's
				interests.
(b) Performance
				security, in such amount as the Director deems necessary, shall consist of a
				certified or cashier's check drawn to the order of "Treasurer, State of New
				Jersey," an individual or annual performance bond issued by an insurance or
				security company authorized to do business in the State of New Jersey, or an
				irrevocable letter of credit issued by a Federally insured financial
				institution and naming "Treasurer, State of New Jersey" as beneficiary, and/or
				other form of security as required by the Director.
(c) A contractor's failure to submit the
				required performance security is sufficient cause for the Director to cancel
				the contract and assess the contractor for any costs incurred by the
				State.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 2 - ADVERTISED PROCUREMENT PROCEDURES › Section 17:12-2.7 - Evaluation of proposals for advertised procurements

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Except as otherwise provided in
				N.J.A.C.
				17:12-2.9, proposals shall be evaluated in
				either of two ways, with a recommendation for proposed award(s) made to the
				Director upon conclusion of the evaluation. All recommendations, whether
				prepared by an evaluation committee or by a Division staff member assigned to
				conduct the procurement, are advisory in nature and not binding upon the
				Director. The evaluation methods are:
1. By
				an evaluation committee appointed by the Director prior to the date of the
				scheduled proposal opening event. The Director shall appoint the members of the
				evaluation committee on the basis of professional resumes supplied by the
				proposed members. No member of the evaluation committee shall have any
				personal, financial, or familial interest that would affect his or her ability
				to evaluate the proposals objectively and impartially. Each member of the
				evaluation committee shall certify in writing that no such real or apparent
				conflict of interest exists. Members of evaluation committees shall conduct
				evaluations of proposals objectively, impartially, and with propriety. The
				Director retains the discretion to reject proposed members, remove sitting
				members and add additional members to an evaluation committee; or
2. By a Division staff member assigned to
				conduct the procurement.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 2 - ADVERTISED PROCUREMENT PROCEDURES › Section 17:12-2.8 - Poor performance as a basis for bypass of low bidder

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A record of
				poor performance on prior and/or current State contracts by a bidder submitting
				a lower priced proposal is sufficient basis for bypassing its proposal. In
				determining whether a bidder's poor performance warrants the bypass of its
				proposal, the Director shall take into consideration the frequency and
				seriousness of the bidder's poor performance as a contractor. Poor contract
				performance is evidenced by:
1. Complaints
				filed pursuant to
				17:12-4.3, which have been
				resolved against rather than in favor of the contractor; or
2. Other information contained in the
				Division's vendor performance records, contained in a using agency's records,
				or obtained from audits or investigations of the bidder's prior work experience
				completed by the Division, a using agency, another state or Federal
				jurisdiction, a cooperative purchasing participant, or, its current licensure,
				registration, or certification status and relevant prior licensure,
				registration, or certification history, or its status or rating with
				established business/financial reporting services, as applicable.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 2 - ADVERTISED PROCUREMENT PROCEDURES › Section 17:12-2.9 - Lowest price, responsive procurements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director
				may structure a procurement to award contract(s) to the bidder(s) submitting
				the lowest price proposal when it is determined that the best value is expected
				to result therefrom.
(b) When using
				the lowest price process, the following apply:
1. The factors and significant subfactors
				that establish the requirements of responsiveness shall be set forth in the
				RFP. The RFP shall specify that award will be made on the basis of the lowest
				calculated price of proposals meeting the factors and significant subfactors in
				the RFP.
2. Proposals are evaluated
				for responsiveness and ranked using only cost/price factors. Where pricing is
				calculated or ranked using formulas, utility models, or market baskets, the
				assigned Division staff member shall, prior to the opening of proposals,
				determine, document, and date-stamp such formulas, utility models, or market
				basket methodologies.
3. Bypass is
				not permitted, except on the basis of poor performance pursuant to
				N.J.A.C.
				17:12-2.8.
4. Clarifications may occur pursuant to
				N.J.A.C.
				17:12-2.7(e).
5. Negotiation is permitted pursuant to
				N.J.A.C.
				17:12-2.7(j). For RFPs not
				having a negotiation component, pre-set formulas, utility models, or market
				basket methodologies, if applicable, shall be available to the public at the
				proposal opening event.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 2 - ADVERTISED PROCUREMENT PROCEDURES › Section 17:12-2.10 - Tie proposals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event
				that proposals submitted by two or more bidders are tied with respect to price,
				and the application of the other evaluation criteria specified in the RFP does
				not provide a basis to distinguish between or among the tied proposals, the
				Director shall award the contract based on a review of the following factors
				listed in order of priority:
1. Tie-breaking
				provision(s) set forth in the RFP;
2. A usable cash- or volume-based discount
				that renders one proposal more favorably priced;
3. Delivery advantage, specifically shorter
				proposed time frames for delivery and/or closer proximity to the point of
				delivery;
4. Active registration on
				the date of proposal opening as an approved small business with the Department
				of the Treasury unit responsible for administering the State's small business
				registration program; and
5.
				In-State location.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 2 - ADVERTISED PROCUREMENT PROCEDURES › Section 17:12-2.11 - Proposal errors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to the opening of proposals:
1. Proposals submitted electronically may be
				withdrawn at any time. The bidder may submit another proposal, as long as the
				replacement proposal is received prior to the announced date and time for
				proposal opening and at the place specified.
2. Proposals submitted in hard copy may be
				withdrawn upon written request to the Director. The bidder may submit another
				proposal, as long as the replacement proposal is received prior to the
				announced date and time for proposal opening and at the place
				specified.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 2 - ADVERTISED PROCUREMENT PROCEDURES › Section 17:12-2.12 - Registration of corporations and other business entities

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In
				accordance with the provisions of
				N.J.S.A.
				52:32-44.b, business organizations seeking to
				do business with the State of New Jersey must be business-registered with the
				New Jersey Department of the Treasury's Division of Revenue prior to the time a
				contract or purchase order is awarded or authorized. Proof of such registration
				must be provided by an intended contract or purchase order awardee upon request
				by the Division or using agency.
(b) In accordance with
				N.J.S.A.
				52:32-44.c, subcontractors that are business
				organizations must be registered with the New Jersey Department of the
				Treasury's Division of Revenue and provide evidence thereof to the prime
				contractor before being permitted by the prime contractor to sign a subcontract
				under a State contract.
(c) Each
				prime contractor shall receive and maintain the names and current addresses of
				all subcontractors performing State contract work for the contractor and shall
				forward such information and proof of their business registration to the
				Division for the Director's approval prior to the commencement of work by
				subcontractors in accordance with the express provisions of the binding
				contract.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 2 - ADVERTISED PROCUREMENT PROCEDURES › Section 17:12-2.14 - Mutual cancellation of contract

Current through Register Vol. 56, No. 14, July 15, 2024
After contract award and upon receipt of a request from a
				  contractor, the Director may, under extraordinary circumstances, agree to a
				  mutual cancellation of the contract. In cases where the contractor is seeking
				  contract cancellation, the Director may require the contractor to pay for any
				  administrative expenses incurred as a result of contract cancellation and
				  subsequent re-award.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 3 - PROTEST PROCEDURES › Section 17:12-3.1 - Protests

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this subchapter is to
				provide the procedures that govern written challenges to an action of the
				Director related to advertised procurements. A protest is defined as follows:
1. A timely filed written challenge to a
				term, condition, or requirement of a specification contained within an
				advertised RFP;
2. A timely filed
				written challenge related to the rejection of a proposal for failure to comply
				with any of the prerequisites set forth in NJ.A.C. 17:12-2.2;
3. A timely filed written challenge to a
				notice of intent to award issued by the Director; or
4. A timely filed written challenge to the
				Director's cancellation of an RFP after the opening of proposals.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 3 - PROTEST PROCEDURES › Section 17:12-3.2 - Protest procedures; challenges to a specification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				vendor intending to submit a proposal in response to an advertised RFP,
				pursuant to 52:34-6 et seq., and finding cause to challenge a specification
				contained within the RFP, may submit a written protest to the Director, setting
				forth, in detail, the grounds for such protest.
(b) The written protest shall be submitted to
				the Director only after the Division has formally responded to questions posed
				during the RFP-established question and answer period and in sufficient time to
				permit a review of the merits of the protest and to take appropriate action as
				may be necessary, prior to the scheduled deadline for proposal submission.
1. A protest of a specification of any
				proposal solicitation document issued by the Director shall contain the
				following items:
i. Identification of the
				Division's solicitation number for the particular procurement;
ii. The specification(s) at issue and the
				specific grounds for challenging the cited specification(s), including all
				arguments, materials, or other documentation that may support the protester's
				position that the specification should be changed; and
iii. A statement as to whether the protester
				requests an opportunity for an in-person presentation and the reason(s) for the
				request.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 3 - PROTEST PROCEDURES › Section 17:12-3.3 - Protest procedures; challenge to proposal rejection, notice of intent to award, or RFP cancellation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A bidder,
				having submitted a proposal in response to an advertised RFP administered
				pursuant to N.J.S.A. 52:34-6 et seq., may submit a written protest to the
				Director concerning the:
1. Rejection of its
				proposal, or a portion thereof, when such rejection arises as a consequence of
				failure to comply with any of the prerequisites set forth in
				N.J.A.C.
				17:12-2.2, Requirements for bidding and
				contract award. Such a protest may not challenge the existence of the
				prerequisite(s) cited as cause for the rejection but may assert that the facts
				of a particular case are sufficient to satisfy or conform to the cited
				prerequisite(s);
2. Notice of
				intent to award contract(s) pertaining to the subject procurement;
				and/or
3. Cancellation of an RFP
				after the opening of proposals.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 3 - PROTEST PROCEDURES › Section 17:12-3.4 - Discovery procedures

Current through Register Vol. 56, No. 14, July 15, 2024
Notwithstanding the provisions set forth in
				  17:12-3.2(b)1 
				  and 3.3(b)1, the Director is entitled to request, receive, and review copies of
				  any and all records and documents deemed appropriate and relevant to the issues
				  and arguments set forth in the protest. Upon receipt of the Director's request,
				  the bidder shall promptly provide the requested records and documents free of
				  charge in the time, place, and manner specified by the Director. If the
				  protesting bidder fails to comply with the provisions of this section, such
				  failure may constitute a reasonable basis for the Director to resolve the
				  protest against the bidder submitting the protest. The Director may also
				  consider relevant information requested and received from other parties deemed
				  appropriate by the Director.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 3 - PROTEST PROCEDURES › Section 17:12-3.5 - Filing fees

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to
				cover a portion of the administrative costs associated with protests, all
				protests submitted to the Division pursuant to this section shall be
				accompanied by the appropriate filing fee, as indicated in this section.
1. A protest filed pursuant to
				N.J.A.C.
				17:12-3.3(a)2, in response
				to a notice of intent to award shall be accompanied by the filing fee based
				upon the estimated contract value as set forth below:
i. An RFP with an estimated contract value
				less than, or equal to, 10 million dollars ($ 10,000,000) shall be accompanied
				by a filing fee of $ 100.00;
ii.
				Any RFP with an estimated contract value greater than 10 million dollars and
				one cent and less than 25 million dollars ($ 10,000,000.01-$ 25,000,000) shall
				be accompanied by a filing fee of $ 250.00;
iii. Any RFP with an estimated contract value
				greater than 25 million dollars and one cent and less than 50 million dollars
				($ 25,000,000.01-$ 50,000,000) shall be accompanied by a filing fee of $
				500.00; and
iv. Any RFP with an
				estimated contract value over 50 million dollars and one cent ($ 50,000,000.01)
				shall be accompanied by a filing fee of $ 1,000.00.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 4 - COMPLAINT AND AUDIT PROCEDURES › Section 17:12-4.1 - Purpose and scope of subchapter

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to set forth the procedure
				  for using agencies to file complaints related to contracts arising as a result
				  of procurements conducted under the provisions of
				  52:34-6 et seq. If a using agency
				  does not use this complaint process, the State does not waive any of its rights
				  or remedies available at law or in equity.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 4 - COMPLAINT AND AUDIT PROCEDURES › Section 17:12-4.2 - General

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this subchapter deal specifically with
				  means of assuring prompt action in cases where a State contract user, by filing
				  a formal complaint with CCAU, claims that a State contractor's performance
				  fails to meet contract requirements, and establishing a record that documents a
				  contractor's poor performance in cases where a contractor's performance fails
				  to meet contract requirements. The Director may, pursuant to
				  17:12-2.8, refrain from doing
				  business with any vendor for repeated or excessive breaches of State contract
				  terms, including, but not limited to, those listed in
				  17:12-4.3(b), as
				  necessary to protect the State's best interests.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 4 - COMPLAINT AND AUDIT PROCEDURES › Section 17:12-4.3 - Filing of complaints; subject matter

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Using agencies
				shall promptly initiate and file a formal complaint of any failure by a
				contractor to comply with the provisions, terms, and conditions of a State
				contract. The complaint shall be in writing and on Form CC-36 or the equivalent
				and be submitted to the CCAU. Complaints are not required where a contract
				contains specific performance standards including, but not limited to,
				liquidated damages. In such cases, the using agency may consult with CCAU prior
				to imposing the contract standards.
(b) Alleged breaches of contract provisions
				that may be reported to the CCAU include, but are not limited to:
1. Failure by the contractor to deliver goods
				or services at the time and place or in the manner, quantity or quality
				specified;
2. Demand for prices
				other than those specified in the contract;
3. Delivery of unauthorized substitutes or
				ungraded material where grading is required;
4. Sale of goods which are not authorized by
				the contract;
5. Failure to install
				goods; improper installation;
6.
				Any other failure to comply with contract specifications or failure to achieve
				a satisfactory rating for the service provided under the contract if quality
				assurance surveys are performed;
7.
				Conflict of interest; and
8.
				Failure to comply with any relevant legal or contractual requirement.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 4 - COMPLAINT AND AUDIT PROCEDURES › Section 17:12-4.4 - Time frames

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As soon as
				possible after receipt of the complaint, CCAU will provide written notice to
				the contractor against which the complaint was filed.
(b) Once notified, the contractor must reply
				to the complaint within 10 business days of its receipt thereof or, pursuant to
				(f) below, prior to the deadline specified in CCAU's notice of complaint,
				whichever date is earlier. The contractor may cure or submit a corrective
				action plan for any defects during that period. A cure or corrective action
				plan may be taken into consideration by CCAU in determining whether a complaint
				is to be resolved against the contractor. The contractor shall notify CCAU of
				any cure or corrective action plan effected by the contractor. However, such a
				cure or corrective action plan shall not serve as cause for automatic
				invalidation of a meritorious complaint.
(c) The using agency may file, with CCAU, a
				response to the submission of the contractor within five business days of
				receipt thereof and provide a copy of its response to the contractor.
(d) As soon as practicable after receipt of
				the response provided in (c) above, CCAU shall issue an initial determination
				to the contractor and complainant regarding the merits of the complaint. The
				contractor or complainant may file an appeal to the Director within 10 business
				days of receipt of CCAU's initial determination or, pursuant to (f) below,
				prior to the deadline specified in CCAU's initial determination, whichever date
				is earlier.
(e) If the Director
				finds that a complaint against a contractor is valid, the contractor shall be
				notified of the time by which corrections are to be made.
(f) Any time frame specified in this
				subchapter may be shortened or extended by the Director or CCAU for good cause.
				In such instances, the Director shall give adequate notice to the parties
				involved.
(g) A pending complaint
				or an initial determination by the CCAU shall not prevent the State from
				exercising any other right or seeking any remedy available at law or in
				equity.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 4 - COMPLAINT AND AUDIT PROCEDURES › Section 17:12-4.6 - Rejection of goods and/or services

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing in the rules set forth in this subchapter shall
				  preclude a using agency from rejecting the goods or services in question if,
				  upon delivery, defects are substantial and not curable by the contractor within
				  a reasonable time. If goods or services are rejected, the agency shall notify
				  the Division immediately.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 4 - COMPLAINT AND AUDIT PROCEDURES › Section 17:12-4.7 - Emergency situations

Current through Register Vol. 56, No. 14, July 15, 2024
When, in the discretion of the Director, the non-compliance
				  by the contractor affects or may affect the health, safety, or welfare of the
				  State or its citizenry, the Director shall immediately contact the contractor
				  and attempt to obtain full compliance. If no resolution is immediately
				  forthcoming, the Director may, without delay, engage a substitute contractor
				  and charge the non-complying contractor any additional costs the State incurs
				  as a result of the substitution.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 4 - COMPLAINT AND AUDIT PROCEDURES › Section 17:12-4.8 - Effect of contractor non-compliance with contract provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Director
				may, in the following circumstances, terminate the State contract with a
				non-complying contractor and immediately purchase or direct the using agency to
				purchase goods or obtain services from another source and charge the defaulting
				contractor the difference in price, if any:
1. Refusal of a non-complying contractor to
				bring goods or services into compliance in the time or manner specified by the
				Director or CCAU;
2. Refusal of a
				contractor to answer inquiries by the Division or failure of a contractor to
				respond to a formal complaint within 10 business days of receipt or prior to
				the deadline specified in CCAU's notice of complaint, as mandated in
				17:12-4.4(b);
3. Rejection of goods under
				17:12-4.6.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 4 - COMPLAINT AND AUDIT PROCEDURES › Section 17:12-4.9 - Audit and complaint discovery procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) CCAU, either as
				part of discovery in connection with a complaint filed under this subchapter,
				or for any other reason, is entitled to request, receive, review, and audit
				copies of any and all records and documents related to a State contract at any
				time. Upon receipt of the CCAU request, the contractor shall promptly provide
				the requested records and documents free of charge in the time, place, and
				manner specified by CCAU.
(b)
				Failure of the contractor to comply with the requirements of this section may,
				at the reasonable discretion of the Director:
1. Constitute sufficient basis to resolve the
				issue(s) in the complaint against the non-compliant contractor. CCAU may also
				consider relevant information requested and received from other parties deemed
				appropriate by the Director; and/or
2. Be used by the State to prove contract
				non-compliance and may be the basis for the State to take any action or seek
				any remedy available under the contract, at law or in equity.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 5 - POLITICAL CONTRIBUTION COMPLIANCE REVIEW PROCESS › Section 17:12-5.1 - Background and program administration responsibility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Chapter 51 and
				the administrative rules of New Jersey Election Law Enforcement Commission at
				N.J.A.C. 19:25 prohibit the award of contracts in excess of $ 17,500 by State
				agencies and authorities to business entities that have made or solicited
				certain disqualifying political contributions, specifically contributions in
				excess of $ 300.00 to gubernatorial candidate committees, and State and county
				political party committees. Additionally, Chapter 51 requires disclosure by all
				business entities to be awarded State contracts in excess of $ 17,500 of all
				contributions to Continuing Political Committees that are organized under
				Section 527 of the Internal Revenue Code. The Department of the Treasury was
				made responsible for conducting the review of all State agency and authority
				contracts and purchases in excess of $ 17,500 for any contribution by an
				intended contractor that represents an apparent conflict of interest that may
				preclude such award. Chapter 51 expressly excepts, from application of these
				review requirements, the award of a contract "when the public exigency requires
				the immediate delivery of goods or performance of services as determined by the
				State Treasurer."
(b) Effective
				November 15, 2008, Executive Order No. 117 (2008) expanded the definition of
				"business entity," by prohibiting contracting with business entities that have
				contributed more than $ 300.00 to legislative leadership committees and
				municipal political committees and to a candidate committee or election fund of
				any candidate for the newly created office of Lieutenant Governor. Effected
				that same date, Executive Order No. 118 (2008) added redevelopers to the
				definition of business entities and State redevelopment agencies to the
				definition of State agencies and institutions. The Division's Chapter 51 Review
				Unit reviews all certification and disclosure forms received from the Division
				and other State agencies and State authorities submitted pursuant to affected
				law and executive order and issues a determination regarding each submission's
				approval or ineligibility for contract award.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 5 - POLITICAL CONTRIBUTION COMPLIANCE REVIEW PROCESS › Section 17:12-5.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following terms and words, when used in this subchapter,
				  shall have the following meanings unless the context indicates
				  otherwise.
"Business entity" means that term as defined by
				  19:44A-20.1 7 and Executive Order
				  No. 117 (2008).
"Chapter 51" means
				  P.L.
				  2005, c. 51, codified
				  as 19:44A-20.1 3 et seq. (which
				  substantially codified Executive Order No. 134 (2004) and Executive Order No.
				  18 (2005)).
"Contribution" means a contribution reportable by the
				  recipient under "The New Jersey Campaign Contributions and Expenditures
				  Reporting Act" (19:44A-1 et seq.), which is
				  defined by the Election Law Enforcement Commission in
				  19:25-24.1.
"State agencies and authorities" means all State agencies,
				  including any of the principal departments in the Executive Branch, and any
				  division, board, bureau, office, commission, or other instrumentality within or
				  created by such department and any independent State authority, board,
				  commission, instrumentality, or agency, including any State redevelopment
				  agency.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 5 - POLITICAL CONTRIBUTION COMPLIANCE REVIEW PROCESS › Section 17:12-5.3 - Review of submissions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any business
				that is requested to do so by a State agency or authority must submit completed
				certification and disclosure forms. The Division Review Unit will review the
				certification and disclosure forms for compliance to the requirements of the
				governing statute and executive orders. If the Review Unit cannot make a
				determination of compliance or non-compliance to the Chapter 51, Executive
				Order Nos. 117 and 118 (2008) requirements based upon the documentation
				submitted by the requesting agency or authority, the Review Unit will seek
				clarification or additional information, as needed, to complete the review and
				render a determination of eligibility.
(b) If or when the documentation provided to
				the Review Unit is sufficient and verifiable as meriting approval as necessary
				to proceed with an award of contract, the Review Unit shall issue a two-year
				certification to the business entity effective as of the date of approval by
				the Review Unit and inform the requesting agency or authority of such
				approval.
(c) A business entity
				must continue to comply with all statutory and executive order requirements
				during the two-year certification period. If there are any changes in political
				contributions or the business entity's ownership structure, the approved
				business entity must re-submit a complete a new set of forms.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 5 - POLITICAL CONTRIBUTION COMPLIANCE REVIEW PROCESS › Section 17:12-5.4 - Determination of business entity ineligibility

Current through Register Vol. 56, No. 14, July 15, 2024
If the Review Unit determines that the business entity has
				  made a disqualifying contribution or that a conflict of interest exists, the
				  Review Unit will advise the business entity and the State agency or authority,
				  in writing, of the determination.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 5 - POLITICAL CONTRIBUTION COMPLIANCE REVIEW PROCESS › Section 17:12-5.5 - Reconsideration of determination of ineligibility

Current through Register Vol. 56, No. 14, July 15, 2024
If a business entity believes that the determination of
				  ineligibility was in error, it may request reconsideration by the Director. A
				  request for reconsideration of the ineligibility determination must be made, in
				  writing, to the Director within 10 business days of the business entity's
				  receipt of the notice of ineligibility or prior to the deadline specified in
				  that notice of ineligibility, whichever date is earlier. Upon review of the
				  written record or, if required at the discretion of the Director, an in person
				  presentation by the business entity in support of its request for
				  reconsideration, and of the information provided to the Director by the Review
				  Unit concerning its determination of ineligibility, the Director shall issue a
				  written decision on the matter under reconsideration.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 5 - POLITICAL CONTRIBUTION COMPLIANCE REVIEW PROCESS › Section 17:12-5.6 - Appeal of Director's determination

Current through Register Vol. 56, No. 14, July 15, 2024
A business entity shall have 10 business days following its
				  receipt of the Director's written decision to appeal the Director's decision to
				  the State Treasurer. The Treasurer shall determine whether the matter is
				  contested within the meaning of the Administrative Procedures Act,
				  52:14B-1 et seq. and 52:14F-1 et
				  seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1, and if so,
				  shall refer the matter to the Office of Administrative Law for an initial
				  decision, and thereafter shall issue a final decision. If the State Treasurer
				  determines the matter is not contested, the State Treasurer shall issue a
				  written final determination. The business entity can file an appeal of the
				  Treasurer's final decision with the Appellate Division of New Jersey Superior
				  Court.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 5 - POLITICAL CONTRIBUTION COMPLIANCE REVIEW PROCESS › Section 17:12-5.7 - Public exigency

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to
				  19:44A-20.2 2, if a State agency
				  or authority determines that a public exigency requires a particular
				  transaction to proceed without Chapter 51 review, or despite potential Chapter
				  51 ineligibility, the agency or authority shall present the information
				  relating to the exigent circumstances to the Review Unit as soon in the
				  procurement process as possible. The Review Unit will coordinate consideration
				  of the exigent circumstances by the State Treasurer.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 6 - DEBARMENT, SUSPENSION AND DISQUALIFICATION OF A PERSON(S) › Section 17:12-6.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to set forth the
				  procedures that apply to debarment, suspension and disqualification of a person
				  or persons from public contracting. This subchapter shall apply to all
				  contracts awarded pursuant to
				  52:34-6 et seq. Hearings arising
				  as a result of this subchapter are contested cases subject to the requirements
				  of the Administrative Procedures Act,
				  52:14B-1 et seq., and the Uniform
				  Administrative Procedure Rules, N.J.A.C. 1:1.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 6 - DEBARMENT, SUSPENSION AND DISQUALIFICATION OF A PERSON(S) › Section 17:12-6.2 - 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 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.
"Attorney General" means the Attorney General of the State of
				  New Jersey or the Attorney General's designee.
"Debarment" means an exclusion from Division of Purchase and
				  Property (Division) 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.
"Disqualification" means a debarment or a suspension which
				  denies or revokes a qualification to bid or otherwise engage in Division
				  contracting which has been granted or applied for pursuant to statute, or rules
				  and regulations.
"Division contracting" means any arrangement giving rise to
				  an obligation to supply anything or perform any service via a contract issued
				  by the Division of Purchase and Property, other than by virtue of State
				  employment, or to supply anything to or perform any service for a private or
				  public person where the Division provides substantial financial assistance and
				  retains the right to approve or disapprove the nature or quality of the goods
				  or services or the persons who may supply or perform the same.
"Person" means any natural person, company, firm,
				  association, corporation, or other entity.
"Suspension" means an exclusion from Division contracting for
				  a temporary period of time, pending the completion of an investigation or legal
				  proceedings.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 6 - DEBARMENT, SUSPENSION AND DISQUALIFICATION OF A PERSON(S) › Section 17:12-6.4 - Conditions affecting the debarment of a person(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				conditions shall apply concerning debarment:
1. Debarment shall be made only upon approval
				of the Director, except as otherwise provided by law.
2. The existence of any of the causes set
				forth in 17:12-6.3 shall not necessarily
				require that a person be debarred. In each instance, the decision to debar
				shall be made within the discretion of the Director, unless otherwise required
				by law, and shall be rendered in the best interests of the State.
3. 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.
4. The existence of a cause set forth in
				17:12-6.3(a)1 
				through 8 shall be established upon the rendering of a final judgment or
				conviction including a guilty plea or a plea of nolo contendere by a court of
				competent jurisdiction or by an administrative agency empowered to render such
				judgment. 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.
5. The existence of a cause set forth in
				17:12-6.3(a)9 
				through 12 shall be established by evidence which the Director determines to be
				clear and convincing in nature.
6.
				Debarment for the cause set forth in
				17:12-6.3(a)13 
				shall be proper, provided that one of the causes set forth in
				17:12-6.3(a)1 
				through 12 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 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 6 - DEBARMENT, SUSPENSION AND DISQUALIFICATION OF A PERSON(S) › Section 17:12-6.5 - Procedures, period of debarment and scope of debarment affecting the debarment of a person(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The procedures,
				the period of debarment, and the scope of debarment to be followed by the
				Director are explained below:
1. The
				Director, seeking to debar a person or his or her 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 afforded an opportunity for a hearing if he or she so requests
				within a stated period of time. All such hearings shall be conducted in
				accordance with the provisions of the Administrative Procedures Act. However,
				where another department or agency has imposed debarment upon a party, the
				Director may also impose a similar debarment without affording an opportunity
				for a hearing, provided that the Director furnishes notice of the proposed
				similar debarment to that party, and affords that party an opportunity to
				present information in his or her behalf to explain why the proposed similar
				debarment should not be imposed in whole or in part.
2. Debarment shall be for a reasonable,
				definitely stated 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 afforded an opportunity to present
				information in his or her 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 Director 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 or she is affiliated, where
				such conduct was accomplished within the course of his or her official duty or
				was effected by him or her with the knowledge or approval of such
				person.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 12 - DIVISION OF PURCHASE AND PROPERTY: PROCUREMENT BUREAU; CONTRACT COMPLIANCE AND AUDIT UNIT; AND DISTRIBUTION SUPPORT SERVICES UNIT › Subchapter 6 - DEBARMENT, SUSPENSION AND DISQUALIFICATION OF A PERSON(S) › Section 17:12-6.6 - Causes for suspension of a person(s)

Current through Register Vol. 56, No. 14, July 15, 2024
In the public interest, the Director shall suspend a person
				  for any cause specified in
				  17:12-6.3 or upon adequate
				  evidence that such cause exists.