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 6 - DEBARMENT, SUSPENSION AND DISQUALIFICATION OF A PERSON(S) › Section 17:12-6.7 - Conditions for suspension of a person(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				conditions concerning suspension are to be adhered to:
1. Suspension shall be imposed only upon
				approval of the Director and upon approval of the Attorney General, except as
				otherwise provided by law.
2. 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
				Director and of the Attorney General and shall be rendered in the best
				interests of the State.
3.
				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.
4. 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.
5. Reasonable suspicion of the existence of a
				cause described in
				17:12-6.3(a)1 
				through 8 may be established by the 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.
6. A suspension invoked
				by another agency for any of the causes described in
				17:12-6.3 may be the basis for the
				imposition of a concurrent suspension by the Director, who may impose such
				suspension without the approval of the Attorney General.
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 17:12-6.8 - Procedures, period of suspension and scope of suspension affecting the suspension of a person(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				provisions regarding procedures, period of suspension and scope of suspension
				shall be adhered to by the Director:
1. The
				Director may suspend a person or his or her affiliates, provided that within 10
				days after the effective date of the suspension, the Director provides such
				party with a written notice:
i. Stating that
				a suspension has been imposed and its effective date;
ii. Setting forth the reasons for the
				suspension to the extent that the Attorney General determines that such reasons
				may be properly disclosed;
iii.
				Stating that the suspension is for a temporary period pending the completion of
				an investigation and such legal proceedings as may ensue; and
iv. 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 or she so requests,
				or a statement declining to give such reasons and setting forth the Director's
				position regarding the continuation of the suspension. Where a suspension by
				another agency has been the basis for suspension by the Director, the Director
				shall note the fact as a reason for suspension.
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 17:12-6.9 - The extent of debarment, suspension or disqualification

Current through Register Vol. 56, No. 14, July 15, 2024
The exclusion from State contracting by virtue of debarment,
				  suspension, or disqualification shall extend to all State contracting and
				  subcontracting within the control or jurisdiction of the Director including any
				  contracts which utilize State funds. When it is determined by the Director to
				  be essential to the public interest, an exception from total exclusion may be
				  made with respect to a particular State contract. A copy of said exception
				  shall be filed with the Attorney General.
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 17:12-6.10 - Prior notice by the Director

Current through Register Vol. 56, No. 14, July 15, 2024
Insofar as practicable, prior notice of any proposed
				  debarment or suspension shall be given by the Director to the Attorney General
				  and 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 17:12-6.11 - List of debarred, suspended or disqualified persons

Current through Register Vol. 56, No. 14, July 15, 2024
The Director 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 list shall at all times
				  be available for public inspection.
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 17:12-6.12 - Director's authority to contract

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing contained herein shall be construed to limit the
				  authority of the Director to refrain from contracting within the discretion
				  allowed by law.
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 9 - DISTRIBUTION AND SUPPORT SERVICES UNIT, SURPLUS COMPUTER DISTRIBUTION PROGRAM › Section 17:12-9.1 - Description of organization and program

Current through Register Vol. 56, No. 14, July 15, 2024
The Division, as the centralized procurement agency for
				  State government, is responsible for the disposal of State government's surplus
				  personal property. The surplus property programs are administered by the
				  Division's Distribution and Support Services Unit, which through public bidding
				  and auctioning, sells or otherwise disposes of the State's surplus personal
				  property. This subchapter sets forth the rules whereby surplus computer-related
				  equipment is made available for use by local governmental entities, boards of
				  education, nonpublic schools, and nonprofit charitable corporations at no
				  cost.
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 9 - DISTRIBUTION AND SUPPORT SERVICES UNIT, SURPLUS COMPUTER DISTRIBUTION PROGRAM › Section 17:12-9.2 - Purpose and intent

Current through Register Vol. 56, No. 14, July 15, 2024
The Division has been authorized, pursuant to
				  P.L.
				  1999, c. 194
				  (supplementing P.L. 1944, c.112 (52:27B-1 et seq.)),
				  to distribute State surplus computer equipment to local governmental units,
				  boards of education, nonpublic schools and nonprofit charitable corporations.
				  The purpose of these regulations is to establish procedures identifying surplus
				  computer equipment eligible for distribution and governing the distribution of
				  such surplus computer equipment to eligible recipients.
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 9 - DISTRIBUTION AND SUPPORT SERVICES UNIT, SURPLUS COMPUTER DISTRIBUTION PROGRAM › Section 17:12-9.3 - 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.
"Date of availability" means the date that eligible computers
				  and/or peripheral equipment are available for pick up.
"Department" means any Department of the Executive Branch of
				  State government.
"Director" means the Director of the Division of Purchase and
				  Property or the Director's designee.
"Distribution and Support Services (DSS) Unit" refers to a
				  Divisional unit that provides warehousing and distribution services to State
				  and other governmental agencies to meet their product requirements and
				  administers the State's surplus property programs, including the surplus
				  computer distribution programs.
"Division" means the Division of Purchase and
				  Property.
"Eligible computer" means a surplus working computer or
				  central processing unit (CPU), which may include peripherals, such as a mouse,
				  keyboard, monitor, and power cables, that is, a Pentium III-based or equivalent
				  system of recent or current technology, and purged of all user data and
				  software. If transferable under applicable licensing agreements with the
				  manufacturer, an operating system and/or application software may be included
				  or loaded on the CPU.
"Eligible recipient" means local governmental units, boards
				  of education, nonpublic schools and nonprofit charitable corporations,
				  organized pursuant to the New Jersey Nonprofit Corporation Act,
				  15A:1-1 et seq.
"Surplus peripheral equipment" means surplus computer
				  accessories not configured in a working computer system and may include
				  printers, monitors, keyboards, mouses and/or cables/wires.
"Surplus Property Section" means the segment of the
				  Division's Distribution and Support Services Unit having responsibility for the
				  State's surplus personal property.
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 9 - DISTRIBUTION AND SUPPORT SERVICES UNIT, SURPLUS COMPUTER DISTRIBUTION PROGRAM › Section 17:12-9.5 - Notification of availability

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Surplus
				Property Section shall notice an eligible recipient of a determination that an
				eligible computer(s) and/or item(s) of peripheral equipment are available for
				pick-up two weeks prior to the date of availability. Such eligible recipient
				shall advise the Surplus Property Section at the time of such notice of its
				continued interest in the eligible computer(s) and/or item(s) of surplus
				peripheral equipment proposed to be distributed to it. An eligible recipient
				expressing continued interest shall be responsible for picking up the eligible
				computer(s) and/or item(s) of surplus peripheral equipment at the time and
				place designated by the Surplus Property Section.
(b) Eligible computer or peripheral equipment
				not picked up by the eligible recipient at the specified time and place shall
				be offered to the next eligible recipient in line.
(c) Failure by an eligible recipient
				expressing continued interest at the time of notice to pick up the eligible
				computer(s) and/or item(s) of surplus peripheral equipment at the time and
				place advised shall preclude such eligible recipient from participating in the
				next quarterly posting of available computer(s) and/or item(s) of surplus
				peripheral equipment.
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 9 - DISTRIBUTION AND SUPPORT SERVICES UNIT, SURPLUS COMPUTER DISTRIBUTION PROGRAM › Section 17:12-9.6 - Condition of eligible computers and items of surplus peripheral equipment distributed hereunder

Current through Register Vol. 56, No. 14, July 15, 2024
While the State will make reasonable efforts to ensure that
				  each eligible computer is working, that is, capable of running software, the
				  State makes no express or implied warranty with respect to any eligible
				  computer or peripheral equipment. All eligible computers and/or items of
				  surplus peripheral equipment shall be offered on an "as is, where is, and with
				  all faults" basis. The State will not be liable for any damages that may result
				  from the use or operation of any transferred computer, peripheral equipment or
				  software.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 13 - SMALL BUSINESSES SET-ASIDE AND VETERAN-OWNED BUSINESS REGISTRATION › Subchapter 1 - PURPOSE, SCOPE AND DEFINITIONS › Section 17:13-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in this chapter are promulgated
				by the Department of the Treasury to implement
				N.J.S.A.
				52:32-17 et seq.,
				P.L.
				2008, c. 27, and
				Executive Order No. 71, dated October 2, 2003, to establish a set-aside program
				that, in part, requires State agencies with contracting authority to make a
				good faith effort to award State contracts and subcontracts to eligible small
				businesses. Executive Order No. 71 (2003) requires at least 25 percent of the
				total dollar value of State contracts to be set aside for small businesses.
				This percentage goal is an overall program goal for each State contracting
				agency. State contracting agencies are expected to apply their business
				judgment when establishing set-aside goals for individual contracts.
(b) The rules in this chapter apply to both
				State contracts for goods and services awarded by any State contracting agency
				and to the award of State contracts for construction and construction-related
				services, unless unique rules for a specific contract type are
				specified.
(c) Applications and
				questions regarding eligibility as a small business should be addressed to:
Department of the Treasury
Division of Revenue and Enterprise Services
33 West State St., 5th Floor
PO Box 026
Trenton, NJ 08625-0026
Questions concerning the award of contracts under this
				  chapter should be directed to the State contracting agency issuing the
				  particular contract.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 13 - SMALL BUSINESSES SET-ASIDE AND VETERAN-OWNED BUSINESS REGISTRATION › Subchapter 2 - ELIGIBILITY REQUIREMENTS FOR SMALL BUSINESSES › Section 17:13-2.1 - Standards of eligibility for small businesses for goods and services and for State construction contracts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In order to be
				eligible as a small business, a business must satisfy all of the following
				criteria:
1. The business must be
				independently owned and operated, as evidenced by its management being
				responsible for both its daily and long term operation, and its management
				owning at least 51 percent interest in the business.
2. The business must be incorporated or
				registered to do business in the State and have its principal place of business
				in New Jersey, defined as such when either 51 percent or more of its employees
				work in New Jersey, as evidenced by the payment of New Jersey unemployment
				taxes, or 51 percent or more of its business activities take place in New
				Jersey, as evidenced by its payment of income or business taxes.
3. The business must be a sole
				proprietorship, partnership, limited liability company, or corporation with 100
				or fewer employees in full-time positions (35 hours or more not including
				seasonal and part-time employees employed for less than 90 days, if seasonal
				and casual part-time employment are common to that industry, and consultants
				employed under other contract not related to the goods and services which are
				the subject of the specific contract for which the business wants to be
				eligible as a small business).
4.
				For goods and services contracts, the business must have gross revenues that do
				not exceed $ 12 million or the applicable Federal revenue standards established
				at
				13
				CFR 121.201, incorporated herein by
				reference, whichever is higher. For State construction contracts, the business
				must have gross revenues that do not exceed $ 3 million or the applicable
				annual revenue standards set forth in Federal regulation at
				13
				CFR 121.201, incorporated herein by
				reference, as may be adjusted periodically.
i.
				Gross revenues of a business which has been in business for three or more
				completed years means the revenues of the business over its last three
				completed tax years divided by three.
ii. Gross revenues of a business which has
				been in business for less than three complete tax years means the revenues for
				the period the business has been in business divided by the number of weeks in
				business, multiplied by 52.
iii.
				Gross revenues of a business which has been in business three or more complete
				tax years but has a short year as one of those years means the revenue for the
				short year and the two full years divided by the number of weeks in the short
				year and the two full years, multiplied by 52.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 13 - SMALL BUSINESSES SET-ASIDE AND VETERAN-OWNED BUSINESS REGISTRATION › Subchapter 2 - ELIGIBILITY REQUIREMENTS FOR SMALL BUSINESSES › Section 17:13-2.2 - Obligation to provide information and penalties for failure to provide complete and accurate information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applicants
				under these rules shall accurately and honestly supply all information required
				by the Division.
(b) When a
				business has been approved as a small business, on the basis of false
				information knowingly supplied by the business, and the business has been
				awarded a State contract or a subcontract thereto, the Small Business Set-Aside
				Unit, after notice and opportunity for a contested case hearing pursuant to
				N.J.S.A.
				52:14B-10 and N.J.A.C. 1:1, shall:
1. Assess the business any difference between
				the contract amount and what the State's cost would have been if the contract
				had not been awarded in accordance with the provisions of
				52:32-17 et seq.;
2. Assess the business a penalty in the
				amount of not more than 10 percent of the amount of the contract or subcontract
				involved;
3. Order the business
				ineligible to transact any business with a State contracting agency for a
				period of 12 months; and
4. Order
				the Division of Revenue to revoke the registration of the business as a small
				business for a period of one year from the State's small business
				database.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 13 - SMALL BUSINESSES SET-ASIDE AND VETERAN-OWNED BUSINESS REGISTRATION › Subchapter 3 - REGISTRATION › Section 17:13-3.1 - Registration procedures for small businesses and veteran-owned businesses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A business seeking to register as a small
				business or a veteran-owned business shall comply with the following
				registration procedures:
1. The business
				shall register at
www.newjerseybusiness.gov
, for Premier
				Business Services; and
2. The
				business shall apply to the Division by completing the Vendor Registration
				Form, available online at
www.newjerseybusiness.gov
.
i. As part of its application to the
				Division, a business shall document its principal place of business,
				independent status, number of employees, and its gross revenues. This
				documentation shall include appropriate forms or reports otherwise submitted to
				or issued by State and Federal agencies, such as employee reports filed with
				the New Jersey Department of Labor and Workforce Development or certificates of
				incorporation issued by the New Jersey Division of Revenue and Enterprise
				Services.
ii. If an applicant
				knowingly supplies inaccurate or false information, the application shall be
				denied under this chapter, the business shall be disqualified from inclusion in
				the small business database, and the business may be subject to adverse action
				by contracting agencies, the Attorney General or other enforcement
				agencies.
iii. As part of its
				application, the business shall pay a non-refundable $ 167.00 application fee
				for a five-year registration.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 13 - SMALL BUSINESSES SET-ASIDE AND VETERAN-OWNED BUSINESS REGISTRATION › Subchapter 3 - REGISTRATION › Section 17:13-3.2 - Time for application to register as a small or veteran-owned business

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A business may apply to the Division at
				any time to be registered as a small or veteran-owned business and to be placed
				on the small business database.
(b)
				If a business is to be eligible to bid on a specific set-aside contract or
				participate in the subcontracting target programs for purposes of this chapter,
				it must be registered as a small or veteran-owned business by the Division on
				or before the date the bid or proposal is due at the State contracting
				agency.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 13 - SMALL BUSINESSES SET-ASIDE AND VETERAN-OWNED BUSINESS REGISTRATION › Subchapter 3 - REGISTRATION › Section 17:13-3.3 - Procedures for challenging a business registered as a small or veteran-owned business

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The qualification under this chapter of a
				business as a small or veteran-owned business may be challenged by any third
				party.
1. A registration challenge shall be
				made in writing to the Small Business Set-Aside Monitoring Unit, setting forth
				the factual basis for the challenge. The Unit shall provide a copy of the
				challenge and a notice granting the opportunity for a hearing to the challenged
				business. Where a particular contract is at issue, the Unit shall also provide
				a copy of the challenge to the contracting agency.
2. A registration challenge to the Unit may
				concern only the qualification of the business under these rules as a small or
				veteran-owned business. Any challenge to a business's qualifications to perform
				a contract shall be referred to the appropriate State contracting
				agency.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 13 - SMALL BUSINESSES SET-ASIDE AND VETERAN-OWNED BUSINESS REGISTRATION › Subchapter 3 - REGISTRATION › Section 17:13-3.4 - Procedures for denial or revocation of registration as a small or veteran-owned business

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Division either denies an
				application for small or veteran-owned business registration or revokes a
				registration as a small or veteran-owned business, the Division will so notify
				the business. The denial or revocation is effective as of the date of the
				Division's notice to the business of its denial or revocation
				determination.
(b) When a business
				has been denied registration or had its registration revoked, the business has
				the right to an appeal. The appeal procedures in this section govern denials
				and revocations, except for revocations on the basis of false information
				knowingly supplied by the business or failure to submit the annual verification
				statement. Revocation based on false information knowingly supplied by the
				business is addressed by the procedures at
				N.J.A.C.
				17:13-2.2.
(c) Within 10 days from receipt of the denial
				or revocation notification, the business that received the notification may
				request, in writing to the Small Business Set-Aside Unit, an appeal hearing.
				The appeal may concern only the qualification of the business under this
				chapter as a small business or veteran-owned business. When the Division
				receives an appeal, it shall conduct a hearing on the matter as follows.
1. The Unit shall notify the business of the
				time and place of the hearing and of the right of the business to appear and be
				represented by counsel at the hearing.
2. The appeal request shall include all
				information, including any relevant documents, available to the appealing
				business relevant to the appeal.
3.
				The burden of proof lies with the appealing business to show that the denial or
				revocation of the business registration was in error and that the appealing
				business meets all of the requisite qualifications under this chapter to be
				registered as a small business and/or veteran-owned business.
4. The hearing will be conducted by the Unit
				Manager or a designee. The Unit Manager shall issue a written report within
				seven days of the close of the hearing.
5. At the discretion of the Unit Manager, the
				business may be permitted to file written exceptions to the designee's report
				no later than five working days after the date on which the report is made
				available to the business.
6.
				Thereafter, the Unit Manager shall issue a decision on the appeal and notify
				the business by fax (or other electronic means) and letter.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 13 - SMALL BUSINESSES SET-ASIDE AND VETERAN-OWNED BUSINESS REGISTRATION › Subchapter 4 - SET-ASIDE CONTRACTING AND SUBCONTRACTING PROGRAM › Section 17:13-4.1 - Set-aside program goals and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				State contracting agency, consistent with its contracting authority, shall
				establish and administer a set-aside program which provides, with regard to
				goods and services contracts, a goal toward at least 25 percent of the dollar
				value of its contracts to be awarded to eligible small businesses, as follows:
				at least 10 percent shall be awarded to small businesses whose gross revenues
				do not exceed $ 500,000; at least an additional 15 percent shall be awarded to
				the additional categories of small businesses whose gross revenues do not
				exceed $ 12 million or the applicable Federal revenue standards established at
				13
				CFR 121.201, incorporated herein by
				reference, whichever is higher. For design and construction contracts, the goal
				is to award 25 percent of the total contract value to either prime contractors
				or subcontractors that qualify as small businesses with revenues that do not
				exceed the annual revenue standards established by the Federal standard at
				13
				CFR 121.201.
1. Percentages shall be measured by the total
				dollar value of all such set-aside contracts in comparison to the total dollar
				value of all publicly advertised contracts awarded by the agency within a
				fiscal year.
2. The State
				contracting agencies shall designate specific contracts for each of the three
				set-aside categories.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 13 - SMALL BUSINESSES SET-ASIDE AND VETERAN-OWNED BUSINESS REGISTRATION › Subchapter 4 - SET-ASIDE CONTRACTING AND SUBCONTRACTING PROGRAM › Section 17:13-4.2 - Subcontracting target program and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When it
				deems appropriate, any State contracting agency, consistent with its
				contracting authority, may establish and administer a subcontracting target
				program in lieu of or as a supplement to the set-aside program.
(b) Each State contracting agency shall
				establish written procedures and maintain records as necessary to define,
				document, and report subcontracts awarded pursuant to this program. The
				procedures shall include the following provisions:
1. The State contracting agency shall review
				its schedule of contracting opportunities and establish a method of determining
				which upcoming contracts are suitable for the subcontracting target program.
i. Factors to be considered when making the
				determination that a particular contract is suitable for inclusion in this
				program include, but are not limited to: the total dollar amount of the project
				and subcontracting opportunities on the project and the number of eligible
				businesses in geographical proximity to the project site.
ii. The designation of a particular RFP as a
				small business set-aside subcontracting opportunity may be made prior to the
				public advertisement for bids or established pursuant to addenda.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 13 - SMALL BUSINESSES SET-ASIDE AND VETERAN-OWNED BUSINESS REGISTRATION › Subchapter 4 - SET-ASIDE CONTRACTING AND SUBCONTRACTING PROGRAM › Section 17:13-4.3 - Good faith efforts of bidders; requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				following actions shall be taken by a bidder in establishing a good faith
				effort to solicit and award subcontracts to eligible small businesses, as
				established in the RFP:
1. The bidder shall
				attempt to locate qualified potential small business subcontractors;
2. The bidder shall request a listing of
				small businesses from the Division if none are known to the bidder;
3. The bidder shall keep a record of its
				efforts, including the names of businesses contacted and the means and results
				of such contacts;
4. The bidder
				shall provide all potential subcontractors with detailed information regarding
				the specifications; and
5. The
				bidder shall attempt, wherever possible, to negotiate prices with potential
				subcontractors submitting higher than acceptable price quotes.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 13 - SMALL BUSINESSES SET-ASIDE AND VETERAN-OWNED BUSINESS REGISTRATION › Subchapter 4 - SET-ASIDE CONTRACTING AND SUBCONTRACTING PROGRAM › Section 17:13-4.4 - Exemptions from set-aside program

Current through Register Vol. 56, No. 14, July 15, 2024
In those circumstances where Federal law or regulations
				  permit or require a procurement procedure other than those prescribed in this
				  chapter, the State contracting agency may follow the Federal procedures
				  notwithstanding the provisions of this chapter, provided that the State
				  contracting agency issues a written declaration that such Federal laws or
				  regulations are in effect.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 13 - SMALL BUSINESSES SET-ASIDE AND VETERAN-OWNED BUSINESS REGISTRATION › Subchapter 5 - RESERVED › Section 17:13-5.1 - Planning

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 60
				calendar days of the finalization of the State budget for each State
				contracting agency, that agency shall submit to the Division a plan for the
				coming fiscal year to comply with the programs established by these rules. The
				Division will assist any State contracting agency in the development of its
				plan, upon request.
1. The plan shall include
				a list of all known procurements and reprocurements scheduled to bid during
				that fiscal year, including the following information:
i. The name of the products or services
				covered by the contract;
ii. The
				expiration date of the current contract and the estimated date of the public
				bid;
iii. The term or duration of
				the contract;
iv. The estimated
				dollar value of the contract or the amount expended to date on the current
				contract;
v. The contracts that the
				agency intends to set aside in each of the three small business set-aside
				categories set forth at
				17:13-4.1;
vi. The contracts which have been identified
				as appropriate for its set-aside programs and the contracts which have been
				identified as appropriate for its target programs;
vii. In addition to the requirements in (a)1i
				through vi above, the Division of Purchase and Property shall identify those
				multi-source term contracts included in the Cooperative Purchasing Program and
				indicate which of the multi-source contracts will be set-aside in their
				entirety and which will contain select line items set aside for small
				businesses.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 13 - SMALL BUSINESSES SET-ASIDE AND VETERAN-OWNED BUSINESS REGISTRATION › Subchapter 5 - RESERVED › Section 17:13-5.2 - Reporting requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 30
				calendar days of the end of each State contracting agency's fiscal quarters,
				the agency shall file with the Division a report containing the following
				information prescribed by the Division:
1.
				The total number and dollar value of all contracts advertised and awarded, a
				list of the bidders awarded contracts including the amount of the contract
				award, delineating which of these contracts and the percentages that were
				advertised and awarded as set-aside contracts in each of the three categories
				of small businesses set forth in
				17:13-4.1;
i. The State contracting agencies, in
				determining compliance with the set-aside goals for the three categories, shall
				count only those contracts awarded as a result of set-aside designations and
				only for the categories designated.
ii. The Division of Purchase and Property
				shall include a list of multi-source contracts which contain lines set aside
				for each of the three categories of small businesses, and those contracts
				extended through the Cooperative Purchasing Program.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 13 - SMALL BUSINESSES SET-ASIDE AND VETERAN-OWNED BUSINESS REGISTRATION › Subchapter 5 - RESERVED › Section 17:13-5.3 - Annual review

Current through Register Vol. 56, No. 14, July 15, 2024
The Treasurer of the State of New Jersey shall undertake an
				  annual review of the operation of the small business programs governed by this
				  chapter and report to the Governor on the need for continuation or modification
				  of the small business program contained in this chapter. This report shall be
				  based upon the reports submitted to the Division and the State Treasurer and
				  any other information deemed appropriate. The report will include performance
				  data on compliance and deficiencies for each contracting agency and be publicly
				  distributed as deemed appropriate.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 13 - SMALL BUSINESSES SET-ASIDE AND VETERAN-OWNED BUSINESS REGISTRATION › Subchapter 6 - VETERAN-OWNED BUSINESS › Section 17:13-6.1 - Veteran-owned business

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To
				register as a veteran-owned business, the business must:
1. Register at
www.newjerseybusiness.gov
, for
				premier business services; and
2.
				Apply to the Division by completing the Veteran-Owned Business (VOB)
				Registration Application, available online at
www.newjerseybusiness.gov
.
3. Provide a copy of Discharge Form DD-214,
				and a $ 167.00 non-refundable application fee (check or money order) payable to
				"NJ Division of Revenue and Enterprise Services" and return to:
NJ Division of Revenue and Enterprise Services
PO Box 455
Trenton, NJ 08648
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 14 - DISABLED VETERAN-OWNED BUSINESS REGISTRATION › Subchapter 1 - GENERAL PROVISIONS › Section 17:14-1.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The rules in this chapter are promulgated
				by the Department of the Treasury to implement
				N.J.S.A.
				52:32-31.1et seq. (
				P.L.
				2015, c. 116 ), to
				establish a set-aside program that requires State agencies with contracting
				authority to set a goal to award three percent of State contracts, including
				subcontracts, to eligible disabled veteran-owned businesses.
(b) The rules in this chapter apply to both
				State contracts for goods and services awarded by any State contracting agency
				and to the award of State contracts for construction and construction-related
				services, unless unique rules for a specific contract type are
				specified.
(c) Applications and
				questions regarding eligibility as a disabled veteran-owned business should be
				addressed to:
Department of the Treasury
Division of Revenue and Enterprise Services
33 West State St., 5th Floor
PO Box 026
Trenton, NJ 08625-0026
(d) Questions concerning the award of
				contracts under this chapter should be directed to the State contracting agency
				issuing the particular solicitation or contract award.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 14 - DISABLED VETERAN-OWNED BUSINESS REGISTRATION › Subchapter 2 - STANDARDS OF ELIGIBILITY AND REQUIRED INFORMATION › Section 17:14-2.1 - Standards of eligibility for disabled veteran-owned businesses for goods and services and for State construction contracts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In
				order to be eligible as a disabled veteran-owned business, a business must
				satisfy the following criteria:
1. The
				business must be independently owned and operated, as evidenced by its
				management being responsible for both its daily and long-term operation, and
				its management owning and controlling at least 51 percent interest in the
				business;
2. The business must be
				incorporated or registered to do business in the State and have its principal
				place of business in New Jersey; and
3. The business owner must have Federal
				certification from the Department of Veteran's Affairs as having a
				service-connected disability.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 14 - DISABLED VETERAN-OWNED BUSINESS REGISTRATION › Subchapter 2 - STANDARDS OF ELIGIBILITY AND REQUIRED INFORMATION › Section 17:14-2.2 - Obligation to provide information; penalties for failure to provide complete and accurate information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Applicants
				under this chapter shall accurately and honestly supply all information
				required by the Division.
(b) When
				a business has been approved as a disabled veteran-owned business on the basis
				of false information knowingly supplied by the business, and the business has
				been awarded a State contract, or a subcontract thereto, the Unit, after notice
				and opportunity for a contested case hearing pursuant to
				N.J.S.A.
				52:14B-1et seq., and 52:14F-1 et seq., and
				N.J.A.C. 1:1, shall:
1. Assess the business
				any difference between the contract amount and what the State's cost would have
				been if the contract had not been awarded in accordance with the provisions of
				N.J.S.A.
				52:32-31et seq.;
2. Assess the business a penalty in the
				amount of 10 percent of the amount of the contract or subcontract
				involved;
3. Order the business
				ineligible to transact any business with a State contracting agency for a
				period between three months and one year; and
4. Order the Division to disallow the
				registration of the business as a disabled veteran-owned business for a period
				of one year from the State's database.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 14 - DISABLED VETERAN-OWNED BUSINESS REGISTRATION › Subchapter 3 - REGISTRATION PROCEDURES › Section 17:14-3.1 - Registration procedures for disabled veteran-owned businesses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				business seeking to register as a disabled veteran-owned business shall comply
				with the following registration procedures:
1.
				The business shall register at
www.newjerseybusiness.gov
, for Premier
				Business Services; and
2. The
				business shall apply to the Division by completing the Vendor Registration
				Form, available online at
www.nj.gov/njbgs
.
i. As part of its application to the
				Division, a business shall document its principal place of business,
				independent status, number of employees, and its gross revenues. This
				documentation shall include all forms and reports requested by the Division on
				the Vendor Registration Form.
ii.
				If an applicant knowingly supplies inaccurate or false information, the
				application shall be denied under this chapter, the business shall be
				disqualified from inclusion in the disabled veteran-owned business database
				pursuant to
				N.J.A.C.
				17:14-2.2, and the business may be subject to
				adverse action, including, but not limited to, debarment, suspension, or
				disqualification by contracting agencies, the Attorney General, or other
				enforcement agencies.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 14 - DISABLED VETERAN-OWNED BUSINESS REGISTRATION › Subchapter 3 - REGISTRATION PROCEDURES › Section 17:14-3.2 - Time for application to register as a disabled veteran-owned business

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A business may apply to the Division at
				any time to be registered as a disabled veteran-owned business and to be placed
				on the disabled veteran-owned business database.
(b) If a business is to be eligible to bid on
				a specific set-aside contract or participate in the subcontracting goal
				programs for purposes of this chapter, it must be validly registered as a
				disabled veteran-owned business by the Division on or before the date the bid
				or proposal is due at the State contracting agency.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 14 - DISABLED VETERAN-OWNED BUSINESS REGISTRATION › Subchapter 3 - REGISTRATION PROCEDURES › Section 17:14-3.3 - Procedures for challenging a business registered as a disabled veteran-owned business

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The qualification under this chapter of a
				business as a disabled veteran-owned business may be challenged by any
				third-party.
1. A registration challenge
				shall be made in writing to the Unit, setting forth the factual basis for the
				challenge. The Unit shall provide a copy of the challenge and a notice granting
				the opportunity for a hearing to the challenged business. Where a particular
				contract is at issue, the Unit shall also provide a copy of the challenge to
				the contracting agency.
2. A
				registration challenge to the Unit may concern only the qualification of the
				business under this chapter as a disabled veteran-owned business. Any challenge
				to a business's qualifications to perform a contract shall be referred to the
				appropriate State contracting agency.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 14 - DISABLED VETERAN-OWNED BUSINESS REGISTRATION › Subchapter 3 - REGISTRATION PROCEDURES › Section 17:14-3.4 - Procedures for denial, non-conferral, or revocation of registration as a disabled veteran-owned business

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the Division
				chooses to not confer or deny an application for a disabled veteran-owned
				business registration, or revokes a registration as a disabled veteran-owned
				business, the Division shall so notify the business. The denial or revocation
				is effective as of the date of the Division's notice to the business of its
				denial or revocation determination.
(b) When a business has been denied
				registration or has had its registration revoked, the business has the right to
				an appeal. The appeal procedures in this section govern denials and
				revocations, except for revocations on the basis of false information knowingly
				supplied by the business or failure to submit the annual verification
				statement. Revocation based on false information knowingly supplied by the
				business is addressed by the procedures at
				N.J.A.C.
				17:14-2.2.
(c) Within 10 days from receipt of the denial
				or revocation notification, the business that received the notification may
				request, in writing to the Unit, an appeal hearing. The appeal may concern only
				the qualification of the business under this chapter as a disabled
				veteran-owned business. When the Division receives an appeal, it shall conduct
				a hearing on the matter as follows.
1. The
				Unit shall notify the business of the time and place of the hearing and of the
				right of the business to appear and be represented by counsel at the
				hearing.
2. The appeal request
				shall include all information, including any relevant documents, available to
				the appealing business relevant to the appeal.
3. The burden of proof lies with the
				appealing business to show that the denial or revocation of the business
				registration was in error and that the appealing business meets all of the
				requisite qualifications under this chapter to be registered as a disabled
				veteran-owned business.
4. The
				hearing will be conducted by the Unit Manager or a designee. The Unit Manager
				shall issue a written report within seven days of the close of the
				hearing.
5. At the discretion of
				the Unit Manager or his or her designee, the business may be permitted to file
				written exceptions to the report no later than five working days after the date
				on which the report is made available to the business.
6. If no exceptions are filed, or permitted
				to be filed, under (c)5 above, the decision shall be final. If exceptions are
				filed under (c)5 above, after reviewing the exceptions, the Unit Manager shall
				issue a decision on the appeal and notify the business by fax (or other
				electronic means) and letter.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 14 - DISABLED VETERAN-OWNED BUSINESS REGISTRATION › Subchapter 4 - SET-ASIDE PROGRAM PROCEDURES › Section 17:14-4.1 - Set-aside program goals and procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each
				State contacting agency, consistent with its contacting authority, shall
				establish and administer a set-aside program that provides a goal toward at
				least three percent of the contracts awarded to eligible disabled veteran owned
				businesses.
1. Percentages shall be measured
				by the total number of all such set-aside contracts, including any
				subcontracts, where relevant, in comparison to the total number of all publicly
				advertised contracts awarded by the agency within a fiscal year.
2. The State contracting agencies shall
				designate specific contracts for set-aside.