reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 18 - UNCLAIMED PERSONAL PROPERTY › Subchapter 1 - SAFE DEPOSIT BOX POLICIES AND PROCEDURES › Section 17:18-1.10 - Liability in general and constructive delivery

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon payment or
				constructive delivery of property to the administrator, the State shall assume
				custody and responsibility for the safekeeping of the property and the holder
				shall be relieved from liability.
(b) A holder who pays or performs
				constructive delivery of the property to the administrator in good faith, is
				relieved of all liability to the extent of the value of the property paid or
				delivered for any claim then existing or which thereafter may arise or be made
				in respect to the property.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 18 - UNCLAIMED PERSONAL PROPERTY › Subchapter 1 - SAFE DEPOSIT BOX POLICIES AND PROCEDURES › Section 17:18-1.11 - Inspection of holder inventory or safe deposit box

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The holder
				shall submit a timely and accurate report for boxes and safekeeping
				repositories presumed abandoned.
(b) The Unclaimed Property Administration
				shall notify the holder by written or oral communication referencing the report
				summary detailing the inventory that will be inspected.
1. This communication shall request the
				following two items from the holder:
i. The
				name of the individual who should be contacted by the Unclaimed Property
				Administration in order to arrange the inspection; and
ii. A statement from an officer of the holder
				sent to the Unclaimed Property Administration, affirming that all provisions of
				the Uniform Unclaimed Property Act,
				46:30B-1 et seq., and the Safe
				Deposit Box Companies-Proceedings for Unpaid Rental Statute,
				17:14A-51, have been met by the
				holder with respect to those boxes or repositories being reported.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 18 - UNCLAIMED PERSONAL PROPERTY › Subchapter 1 - SAFE DEPOSIT BOX POLICIES AND PROCEDURES › Section 17:18-1.12 - Sale of tangible property

Current through Register Vol. 56, No. 14, July 15, 2024
The sale of all tangible property shall be conducted
				  pursuant to the requirements of
				  46:30B-72.1.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 18 - UNCLAIMED PERSONAL PROPERTY › Subchapter 1 - SAFE DEPOSIT BOX POLICIES AND PROCEDURES › Section 17:18-1.13 - Rights of purchaser of property

Current through Register Vol. 56, No. 14, July 15, 2024
Pursuant to
				  46:30B-73, the purchaser of
				  property at any sale conducted by the administrator takes the property free of
				  all claims of the owner or previous holder thereof and of all persons claiming
				  through or under them. The administrator shall execute all documents necessary
				  to complete the transfer of ownership.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 18 - UNCLAIMED PERSONAL PROPERTY › Subchapter 1 - SAFE DEPOSIT BOX POLICIES AND PROCEDURES › Section 17:18-1.14 - Penalties

Current through Register Vol. 56, No. 14, July 15, 2024
Interest and penalties for noncompliance shall be enforced
				  according to
				  46:30B-103 and 104.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 18 - UNCLAIMED PERSONAL PROPERTY › Subchapter 2 - TIME DEPOSITS › Section 17:18-2.2 - Conduct by owner indicating interest in time deposit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				acts by the owner of a time deposit shall constitute non-abandonment of the
				time deposit:
1. Consent in writing to a
				renewal of the time deposit at or about the time of renewal and signed by the
				owner, given by delivery of the original, a signed facsimile or an e-mail
				transmission of the facsimile initiated by the owner, or demonstrated by the
				existence of a memorandum made at the time of renewal or other record on file
				with holder; or
2. The owner,
				within three years after the earlier of maturity date or the date of the last
				indication by the owner of an interest in the deposit, has:
i. Increased or decreased its amount or
				presented the passbook or other similar evidence of the deposit for the
				crediting of interest;
ii.
				Communicated in writing with the financial organization concerning the time
				deposit, including requesting that the time deposit be redeemed;
iii. Otherwise indicated an interest in the
				deposit as evidenced by a contemporaneous memorandum or other record on file
				prepared by an employee of the financial organization; or
iv. Owned other property to which (a)2i, ii
				and iii above apply and the financial organization communicates in writing with
				the owner about the deposit that would otherwise be presumed abandoned under
				this section at the address to which communications regarding the other
				property regularly are sent; or
v.
				Had another relationship other than time or demand deposits, such as, but not
				limited to, a safe deposit box, mortgage, stocks, bonds or other investments,
				with the financial organization concerning which the owner has:
(1) Communicated in writing with the
				financial organization; or
(2)
				Otherwise indicated an interest as evidenced by a contemporaneous memorandum or
				other record on file prepared by an employee of the financial organization and
				the financial organization communicates in writing with the owner about the
				time deposit that would otherwise be abandoned under this section at the
				address to which communications regarding the other relationship regularly are
				sent.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 18 - UNCLAIMED PERSONAL PROPERTY › Subchapter 2 - TIME DEPOSITS › Section 17:18-2.3 - Notice to apparent owners of time deposits by certified mail, return receipt requested, before the filing of a report by the holder

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Not more than
				120 days nor less than 60 days before filing the report of abandoned property
				with the administrator, the holder in possession of a time deposit presumed
				abandoned and subject to custody as unclaimed property, shall send, by
				certified mail, and with return receipt requested, written notice to the
				apparent owner at the apparent owner's last known address informing the
				apparent owner that the holder is in possession of property subject to the
				custody of the State, if:
1. The holder has
				in its records an address for the apparent owner which the holder's records do
				not disclose to be inaccurate; and
2. The property has a value of $ 50.00 or
				more.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 18 - UNCLAIMED PERSONAL PROPERTY › Subchapter 2 - TIME DEPOSITS › Section 17:18-2.4 - Notice to apparent owners of time deposits by regular mail

Current through Register Vol. 56, No. 14, July 15, 2024
The holder may, at any time, send a written notice to the
				  apparent owner of a time deposit by regular mail in an attempt to establish
				  contact that would recommence the running of the abandonment period. However,
				  failure to establish contact with the apparent owner by regular mail that is
				  sent less than 120 days but not less than 60 days before the filing of the
				  report to be sent to the administrator as required by
				  46:30B-50, shall not relieve the
				  holder from sending the required written notice by certified mail return
				  receipt requested as set forth in
				  17:18-2.3 above. The written
				  notice by regular mail shall contain the mandatory language which may be
				  supplemented by the suggested language set forth in
				  17:18-2.3(b).
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 18 - UNCLAIMED PERSONAL PROPERTY › Subchapter 3 - DORMANCY FEES › Section 17:18-3.2 - Dormancy fees; unconscionability; limitations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No dormancy
				fees may be imposed by a holder unless:
1.
				There is an enforceable written contract between the holder and the owner of
				the property pursuant to which the holder may impose such a fee; and
2. The holder regularly imposes charges and
				does not regularly reverse or otherwise cancel those charges with respect to
				the property. Also, no additional charges shall be assessed as a result of
				escheatment of the property.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 18 - UNCLAIMED PERSONAL PROPERTY › Subchapter 3 - DORMANCY FEES › Section 17:18-3.3 - Stored value cards

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Issuers and
				holders of stored value cards:
1. Are exempt
				from reporting stored value cards that are redeemable for merchandise or
				services only that were issued or sold prior to July 1, 2010, the effective
				date of the Act. Holders of stored value cards redeemable for merchandise or
				services that were issued or sold on or after July 1, 2010, as well as all
				stored value cardssold that are redeemable for cash, regardless of date of
				sale, are not required to obtain the apparent owner's last known address at the
				point of transaction. However, unredeemed balances on any card must be reported
				to the State if the last known address on the records of the holder is located
				in New Jerseyand the information is available on the books and records of the
				seller, pursuant to
				N.J.S.A.
				46:30B-46et seq., except for those stored
				value cards:
i. Issued under a promotional,
				customer loyalty, or charitable program for which nodirect monetary
				consideration has beenpaid by the owner;
ii. Issued by any issuer that in the
				preceding year beginning July 1 through June 30, sold stored value cards with
				an aggregate total value of $ 250,000 or less;
iii. Donated or sold below face value to a
				nonprofit or charitable organization or an educational organization;
				or
iv. Redeemable for admission to
				events or venues, if the event was held as scheduled.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 18 - UNCLAIMED PERSONAL PROPERTY › Subchapter 4 - PAYMENT OF CLAIM BY ADMINISTRATOR › Section 17:18-4.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this subchapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise:
"Administrator" means the Treasurer of the State of New
				  Jersey, any individual serving as the Acting Treasurer in the absence of the
				  appointed Treasurer, and any State employee to whom the Treasurer has delegated
				  authority to administer the provisions of
				  46:30B-1 et seq., and to execute
				  any pertinent documents.
"Searcher" means any person whether related by blood or
				  otherwise, and any business entity, that enters into an agreement or
				  authorization, with a claimant, to locate, deliver, recover or assist in the
				  recovery or claim of abandoned property, whether or not for
				  compensation.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 18 - UNCLAIMED PERSONAL PROPERTY › Subchapter 4 - PAYMENT OF CLAIM BY ADMINISTRATOR › Section 17:18-4.2 - Payment to be made; claimant's address and signature in claim form; corporate claims

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Notwithstanding
				any language in any agreement, authorization or other writing with a searcher,
				whether for compensation or not, to locate, deliver, recover or assist in the
				recovery or claim of abandoned property, payment of any such claim, as approved
				by the administrator, shall be made by the administrator directly to the actual
				claimant, to the claimant's fiduciary named for a purpose other than the sole
				purpose of collecting the claim from the administrator, or to a court appointed
				representative authorized to collect the property of the claimant.
(b) Any claim form for unclaimed property as
				prescribed by the administrator, submitted to the administrator by a claimant,
				shall state the actual claimants own address and be verified by the claimants
				actual or electronic signature.
(c)
				Unless expressly directly otherwise by statute or court order, payment of a
				claim shall be made by the administrator to the actual claimant and sent to the
				claimant at the claimant's own address. The administrator will make payment
				jointly to a claimant and a claimant's attorney only when expressly directed to
				do so by court order.
(d) If a
				claimant is a business association as defined by N.J.S.A. 46:30B-6d and claims
				abandoned property as being owned by the business association, the business
				association shall provide proof that the business association is not dissolved
				or has not had its charter revoked for any reason by producing a current
				certificate of good standing (short form), status report, tax clearance
				certificate, or other document issued by the State of New Jersey showing good
				standing prior to any claim being paid to that claimant.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 18 - UNCLAIMED PERSONAL PROPERTY › Subchapter 5 - COMMUNICATION BETWEEN AN ISSUER, HOLDER, OR SELLER AND APPARENT OWNER › Section 17:18-5.1 - Communication between an issuer, holder, or seller and apparent owner

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				communications between an issuer, holder, or seller of property that may become
				abandoned under the Uniform Unclaimed Property Act,
				46:30B-1 et seq., (Act) shall be
				governed by the statutory provisions set forth in
				46:30B-7.1 and
				46:30B-8.
(b) A communication sent to an owner advising
				that failure to respond to the communication shall be confirmation that the
				issuer, holder, or seller has no further obligation to pay or transfer held
				goods to the owner, shall not be considered a valid communication, under the
				Act, for the purposes of relieving the issuer, holder, or seller (ultimate
				obligor) of reporting and payment obligations, should said property become
				abandoned under the Act.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 18 - UNCLAIMED PERSONAL PROPERTY › Subchapter 5 - COMMUNICATION BETWEEN AN ISSUER, HOLDER, OR SELLER AND APPARENT OWNER › Appendix - APPENDIX

Current through Register Vol. 56, No. 14, July 15, 2024
The following are sample "due diligence" letters, which meet
				  the communications requirement under the Act:
Click here to
				  view
Click here to
				  view
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 2 - CLASSIFICATION OF FIRMS › Section 17:19-2.2 - Fraudulent statements

Current through Register Vol. 56, No. 14, July 15, 2024
A firm or an individual who makes, or causes to be made, a
				  false, deceptive or fraudulent statement in the DPMC-27 or any other submission
				  required in conjunction with a request for classification or in the course of
				  any hearing under this chapter may, at the discretion of the Director, be
				  disqualified from bidding, suspended and/or debarred in accordance with this
				  chapter and may be subject to prosecution pursuant to applicable laws.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 2 - CLASSIFICATION OF FIRMS › Section 17:19-2.3 - Joint venture statement (DPMC projects only)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Where two or
				more firms each with a valid classification and rating for the same trade
				category, propose to form a joint venture for purposes of bidding on a DPMC
				project, the firms shall jointly submit a Statement of Joint Venture Form (DPMC
				606) to the DPMC, which shall:
1. Be provided
				to the DPMC by the joint venture no less than five business days before the bid
				due date set for the project on which they proposed to bid;
2. State the classifications of the
				individual firms;
3. Describe the
				purpose, structure and resources of the joint venture, and be supplemented by
				any other information requested by the DPMC;
4. Include a statement from a surety
				authorized to issue payment and performance bonds in the State of the bonding
				capacities of the individual firms and the bonding capacity of the joint
				venture; and
5. Be signed by all of
				the firms comprising the joint venture.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 2 - CLASSIFICATION OF FIRMS › Section 17:19-2.4 - Responsibility determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The DPMC shall
				not classify a firm without first making an affirmative finding that the firm
				is responsible. A firm has the burden of proving to the DPMC that the firm is
				responsible.
(b) Responsibility
				will be determined based on criteria that include:
1. Financial resources;
2. Technical qualifications;
3. Experience;
4. Organization, facilities, personnel and
				other such resources;
5. Contract
				performance record;
6. Accounting
				and auditing submissions and practices;
7. Equal employment opportunity and
				affirmative action record;
8.
				Record of integrity;
9. Safety
				record;
10. Compliance with
				applicable prevailing wage laws and regulations, as evidenced by submission of
				a valid Public Works Contractor Registration issued by the Department of Labor
				and Workforce Development; and
11.
				Other factors deemed relevant by the DPMC.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 2 - CLASSIFICATION OF FIRMS › Section 17:19-2.5 - Performance evaluation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For any firm
				proposing to submit bids on public work requiring the DPMC classification, a
				Final Project Performance Evaluation (FPPE) shall be determined. The FPPE shall
				be calculated pursuant to the following provisions:
1. For any firm that has no prior public work
				experience with the State, the performance multiplier, as defined in
				17:19-2.8, shall be based on an
				evaluation of the firm's references and past experience, as identified in the
				firm's DPMC-27. The DPMC may require that the owner or his or her
				representative certify that the projects/contracts referenced by the firm have
				been completed in a satisfactory manner or all contract obligations have been
				met.
2. For any firm that has prior
				public work experience with the State, the performance multiplier shall be
				based on the project evaluations submitted to the DPMC by any State agency, to
				the extent that the evaluations comply with the following criteria:
i. The State agency reviewed the performance
				of each of the prime contractors on a public work project periodically
				throughout the duration of the project. One or more persons directly involved
				in the management, supervision or inspection of the project shall make these
				interim performance reviews;
ii.
				Interim performance reviews shall be presented on a standardized performance
				review form approved by the DPMC; and
iii. Interim performance reviews will be
				based on the following factors:
(1) Quality of
				work;
(2) Scheduling;
(3) Management;
(4) Cost control/change orders;
(5) Safety/industrial hygiene;
(6) Subcontractors;
(7) Close-out; and
(8) Other factors affecting a firm's
				performance;
iv. Interim
				reviews on incomplete projects may be included in the FPPE at the time of
				classification.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 2 - CLASSIFICATION OF FIRMS › Section 17:19-2.6 - Firms to be classified

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of
				the completed DPMC-27, the DPMC will begin to process the application and shall
				determine if the firm is entitled to a classification in any trade and an
				aggregate rating. Classification will be based on the information contained in
				the DPMC-27 and on the firm's performance rating.
(b) Firms shall reclassify every 24 months in
				order to remain eligible to bid on public work. A firm must submit a new
				DPMC-27 to the DPMC before the expiration date of the current classification.
				If a firm fails to timely submit a complete renewal application, the firm's
				classification will expire. The classification renewal will be effective as of
				the date shown on the classification notice by the DPMC. The classification
				renewal will expire 24 months from the effective date shown on the
				classification notice by the DPMC. Any renewal application (DPMC-27) submitted
				more than three months after the expiration of a classification shall be
				considered a "new" application.
(c)
				In accordance with provisions found in
				52:35-2, firms submitting a new or
				renewal application must include a non-refundable company check in the amount
				specified in
				52:35-2 payable to "Treasurer,
				State of New Jersey." The DPMC will not process a DPMC-27 application until a
				company check is received. If a check is returned for any reason, the DPMC may
				immediately revoke the firm's classification. Any firm who submits a check that
				is returned will be required to submit a certified check or money order with
				all future submissions for a period of three years. The firm will also be
				responsible for any additional charges, including bank charges, incurred as a
				result of any returned check.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 2 - CLASSIFICATION OF FIRMS › Section 17:19-2.7 - Trade classifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To be
				classified for a given trade, a firm must have successfully completed at least
				two significant projects in that trade within the previous five years. A firm
				must submit with its DPMC-27 a contract document that identifies the following
				information: an actual dated signature page; the dollar amount of the contract;
				the scope of work; schedule of values; and contact names of the owner, the
				design professional(s), and/or the construction manager; and must be licensed
				and permitted to perform work in the given trade, when applicable.
(b) The trades for which an applicant may
				request classifications are as listed on the DPMC-27.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 2 - CLASSIFICATION OF FIRMS › Section 17:19-2.8 - Aggregate rating

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The aggregate
				rating of a firm shall be based on the following factors:
1. The firm's working capital reported in its
				financial statement;
2. The firm's
				FPPE, as described in
				17:19-2.5;
3. The firm's bonding capacity, as described
				in 17:19-2.9; and
4. All other factors, as described in
				17:19-2.4(b).
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 2 - CLASSIFICATION OF FIRMS › Section 17:19-2.9 - Bonding capacity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A firm
				proposing to submit bids on a public work project, which requires a performance
				bond or a payment bond, or both, shall submit as part of its DPMC-27 a
				certified statement of the firm's bonding capacity. The statement shall be
				contained on the standardized form entitled "Surety Affidavit," provided by the
				DPMC, and shall be from a surety authorized to issue bid bonds and performance
				and payment bonds in the State.
(b)
				If the aggregate rating is equal to or greater than 85 percent of the firm's
				bonding capacity, and if the surety attesting to the firm's bonding capacity is
				listed in Treasury Circular 570 with a high rating as defined in
				2A:44-143, the firm shall be
				issued an aggregate rating equal to its bonding capacity.
(c) A firm, which does not provide a
				statement of bonding capacity from an authorized surety shall receive an
				aggregate rating of not more than $ 200,000 and shall not be eligible to bid on
				any projects for which a bond is necessary, but may be eligible to bid on any
				project for which a bond is not required, within the firm's aggregate rating
				limit. In no event shall a firm's aggregate rating exceed the firm's bonding
				capacity, except, firms with a bonding capacity of $ 200,000,000, and
				demonstrating a net working capital calculation of $ 200,000,000 or more, shall
				be issued an unlimited aggregate rating.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 2 - CLASSIFICATION OF FIRMS › Section 17:19-2.10 - Special classification requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) As may be
				dictated by the unique, specialized nature, or scope of the work to be
				performed on a project, the Director may establish special classification
				requirements for a given project.
(b) The Director may establish special
				classification requirements for a given trade classification in order to ensure
				that firms, which have been classified conform to the latest technical or
				safety developments in that trade. The DPMC shall provide notice of any such
				special requirements to all previously classified firms via direct mail,
				electronically and/or by publication in major State newspapers and trade
				journals.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 2 - CLASSIFICATION OF FIRMS › Section 17:19-2.11 - Effective dates of classifications and ratings

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				classification or rating resulting from the filing of an original application
				or a renewal application shall be determined and effective no later than eight
				business days after receipt by the DPMC of all required information.
(b) A firm must have a valid classification
				and rating appropriate to any project on which the firm may bid, or under which
				a firm will be designated as a subcontractor in a principal trade, as provided
				in 52:32-2, or if the contract
				documents require the trade to be classified.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 2 - CLASSIFICATION OF FIRMS › Section 17:19-2.12 - Classification change

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A firm shall
				notify the DPMC in writing during a classification period, when the financial,
				bonding and/or corporate status of a firm changes substantially as to warrant a
				change of classification or rating. The firm shall provide said notice to the
				DPMC within 10 days of the change(s) and shall submit a revised DPMC-27, or
				applicable portions thereof, as required. Examples of substantial change
				include, but are not limited to, insolvency, decreases in bonding capacity,
				changes in ownership, or any of the factors affecting the firm's
				responsibility, as described in
				17:19-2.4(b).
(b) A firm may request an increase in its
				aggregate rating for the remainder of the firm's existing classification period
				by submitting to the DPMC an updated financial statement for a period of at
				least six months from the ending date of the financial statement submitted with
				the prior DPMC-27 in conformance with the provisions found in
				17:19-2.1(b), or,
				in the alternative, a firm may submit an updated surety affidavit showing an
				increase in bonding. The affidavit must be based on the same financial
				statement submitted with the application or request for an increase. However, a
				firm that has an aggregate rating of more than $ 15,000,000 may request an
				increase in its aggregate rating by submitting a CPA reviewed financial
				statement.
(c) The DPMC shall
				review all submissions in accordance with this section and issue a decision no
				later than eight business days from the date of the firm's submission. Any
				change of classification shall be effective only for the remainder of the
				original classification period.
(d)
				The DPMC, in its discretion, may reduce a firm's aggregate rating or revoke the
				firm's classification entirely based upon information not provided at the time
				that the firm's classification was originally granted and/or the firm's
				aggregate rating was originally set, as determined by the factors set forth in
17:19-2.4
.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 2 - CLASSIFICATION OF FIRMS › Section 17:19-2.13 - Award of contracts exceeding aggregate rating

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A firm shall
				include with each bid a certification that the firm's bid for the subject
				contract would not cause the firm to exceed its aggregate rating limits,
				including consideration of its backlog of uncompleted construction work,
				including public and private contracts.
(b) If at the time of a bid opening a
				question arises as to whether a bid for a project is within a firm's existing
				classification or aggregate rating, the bid shall be opened, and if the bid is
				at variance with the firm's trade classification or aggregate rating, the bid
				shall be rejected.
(c) A firm shall
				not be awarded a contract which, when added to the backlog of uncompleted
				construction work would exceed the firm's aggregate rating. The backlog of
				uncompleted construction work shall be the total contract value of unbilled
				work, as evidenced by the most recent approved invoice (or other similar
				documentation) received by the bidder before or on the date of the bid. The
				firm may deduct 85 percent of the total contract value of the work performed by
				principal trades, as described in (e) below, on such uncompleted work. DPMC may
				require the firm to provide documentary proof that its backlog of uncompleted
				work plus the contract price of the contract to be awarded would not cause the
				firm to exceed its aggregate rating.
(d) If a firm successfully bids for two or
				more contracts which, either in combination with each other or in combination
				with the backlog of uncompleted construction work on other currently held
				contracts would exceed the firm's aggregate rating, the firm shall be awarded
				only those contracts that in combination fall within the firm's aggregate
				rating, as follows:
1. Contracts shall be
				considered in the chronological order of the bid due dates.
2. Where the dollar value of a given contract
				award, when combined with the dollar value of the firm's current backlog of
				other uncompleted work, would cause the firm's total dollar value of
				uncompleted work to exceed the firm's aggregate rating, the firm shall not be
				eligible for that award.
3.
				However, if a firm provides clear and convincing evidence that its total dollar
				value of uncompleted work (including the bid amount for the current contract)
				will be within its aggregate rating as of the award date, the Director may
				determine to accept the bid if it is in the best interest of the
				State.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 3 - CONSULTANT PREQUALIFICATION AND SELECTION PROCEDURES › Section 17:19-3.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The consultant selection procedures are established to give
				  qualified firms an open opportunity to be selected for State contracts on the
				  basis of demonstrated competence and experience. Selection of consultants based
				  upon a combination of technical qualifications and cost proposals enables the
				  public interest to be best served.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 3 - CONSULTANT PREQUALIFICATION AND SELECTION PROCEDURES › Section 17:19-3.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The principal
				elements of the consultant selection procedures provided for:
1. Verifying the qualifications of firms
				interested in providing consultant services to the State;
2. Initiating and advertising projects (which
				may include other solicitation requirements);
3. Screening all interested and qualified
				firms;
4. Evaluating procedures by
				selection committee; and
5.
				Obtaining final approval by the Director.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 3 - CONSULTANT PREQUALIFICATION AND SELECTION PROCEDURES › Section 17:19-3.4 - Public notification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The DPMC may
				publicly solicit the interest of prequalified firms to provide professional
				services by advertising in one or more of the following methods:
1. In design and construction publications
				and trade journals covering the construction industry in New Jersey;
2. In newspapers;
3. By written notice to New Jersey
				professional societies;
4. By use
				of direct mailings to prequalified firms; or
5. Electronic means.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 3 - CONSULTANT PREQUALIFICATION AND SELECTION PROCEDURES › Section 17:19-3.5 - Performance evaluation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For any firm
				proposing to submit proposals on public work requiring the DPMC's
				prequalification, an FPPE shall be determined. The FPPE shall be calculated
				pursuant to the following provisions:
1. For
				any firm that has no prior public work experience with the State, the FPPE
				shall be based on an evaluation of the firm's references and past experience,
				as identified in the firm's prequalification forms and/or project specific
				technical proposal. The DPMC may choose to require that the owner or his or her
				representative certify that the projects/contracts referenced by the firm have
				been completed in a satisfactory manner; or
2. For any firm that has prior public work
				experience with the State, an FPPE shall be based on the project evaluations
				submitted to the DPMC, to the extent that the evaluations comply with the
				following criteria:
i. The State agency
				reviewed the performance of each professional consultant on a public work
				project periodically throughout the duration of the project. One or more
				persons directly involved in the management, supervision or inspection of the
				project shall make this interim performance review;
ii. Interim performance reviews shall be
				presented on a standardized performance review form approved by the DPMC;
				and
iii. Interim reviews on
				incomplete projects may be included in the FPPE at the time of prequalification
				and/or during selection.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 3 - CONSULTANT PREQUALIFICATION AND SELECTION PROCEDURES › Section 17:19-3.7 - Routine contracts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prequalified
				firms desiring to perform certain consultant services for the DPMC or its
				client agencies may submit proposals for routine projects.
(b) The selection process shall be initiated
				upon the receipt by the DPMC of a request from a State client agency for
				consultant services that meet the criteria for a routine project. Upon the
				receipt or development of a project scope of work, the DPMC shall create a
				selection committee for the purpose of selecting a Professional Services
				Consultant for the project. The DPMC and/or the selection committee shall
				develop the specific selection evaluation and ranking criteria to be used for
				the selection.
(c) The DPMC shall
				publicly advertise each routine contract by electronic means and/or in
				newspapers before the random selection of firms for that contract. The
				advertisement/notice shall state the date on which the DPMC will be randomly
				selecting, from an appropriate pool of its prequalified consultants, those
				firms from which proposals will be solicited. The advertisement/notice shall
				specify the prequalification discipline(s) and prequalification level required
				for the project and the criteria the DPMC will use in the selection evaluation
				and ranking of the proposals submitted from interested firms.
(d) From the pool of prequalified consultants
				specified in the advertisement, the DPMC will perform a computer-generated
				random selection of firms and solicit technical proposals and sealed cost
				proposals from the list of randomly generated firms.
(e) Pre-proposal conferences, site visits and
				interviews may be scheduled, as necessary.
(f) Technical proposals shall be evaluated
				and ranked in accordance with the specific evaluation criteria for the
				project.
(g) The selection process
				regarding the sealed cost proposals will be in accordance with the major
				project selection procedures,
				17:19-3.6(g).
(h) The selection committee shall have the
				responsibility to recommend to the Director the selection of the firm that is
				the highest ranked and whose cost proposal is determined to be fair and
				reasonable to the State.
(i)
				Nothing in these rules shall be interpreted to prohibit the DPMC from utilizing
				the major consultant election procedure for any and all engagements.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 3 - CONSULTANT PREQUALIFICATION AND SELECTION PROCEDURES › Section 17:19-3.8 - Term contracts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Firms desiring
				to perform certain consultant services for the DPMC may submit proposals for
				term contracts as required. Term contracts shall be awarded by the Director to
				consultants who have complied with the terms and conditions of the term
				contract request for proposal and have been determined by the selection
				committee to be the best qualified.
(b) Term contracts may also be used to
				provide consultant services to client agencies in specific service categories
				for a specific time period.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 3 - CONSULTANT PREQUALIFICATION AND SELECTION PROCEDURES › Section 17:19-3.9 - Term contract project selection procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Term contracts
				may be used by the DPMC to serve a variety of consultant needs in accordance
				with the DPMC's duties to administer the DPMC's construction portfolio. The
				initiation of the selection process may be in accordance with the major or the
				routine project selection procedures, pursuant to
				17:19-3.6 or 3.7.
(b) Firms are selected based upon technical
				qualifications and cost.
(c)
				Pre-proposal conference, site visits and interviews may be scheduled.
(d) Technical proposals shall be evaluated
				and ranked in accordance with the specific technical criteria for the
				project.
(e) The selection process
				regarding the sealed cost proposals shall be in accordance with the major
				project selection procedures,
				17:19-3.6(g),
				except that costs may be based upon hourly daily rates and/or other methods for
				determining costs over a specific time period.
(f) The selection committee shall have the
				responsibility to recommend to the Director the selection of the firm that is
				the highest ranked and whose costs are fair and reasonable to the
				State.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 3 - CONSULTANT PREQUALIFICATION AND SELECTION PROCEDURES › Section 17:19-3.10 - Agency consultant program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The agency
				consultant program provides a selection process for architectural, engineering
				or other consultant services to assist client agencies and the DPMC in the
				planning of construction projects, developing scopes of work, investigating
				construction-related problems, designing small projects and administering small
				construction projects.
(b) The DPMC
				may delegate to client agencies the authority to award projects for consultants
				to perform professional services for construction projects. The client agency
				shall evaluate and rank the technical submissions according to selection
				procedures established by DPMC policy.
(c) An agency consultant fee limit for each
				work order shall be established by the DPMC, including a fee limit threshold
				per year.
(d) The client agency
				shall monitor and manage all activities of the consultant. Financial data and
				project files shall be available to the DPMC's auditors.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 3 - CONSULTANT PREQUALIFICATION AND SELECTION PROCEDURES › Section 17:19-3.11 - Client agency management of design/construction projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The DPMC may
				delegate authority to client agencies to manage design and/or construction
				phases of a project with a stipulated construction cost estimate.
(b) The selection of firms to submit
				technical and cost proposals shall be in accordance with the major project
				selection procedures, pursuant to
				17:19-3.6, or routine contracts
				selection procedures, pursuant to
				17:19-3.7.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 4 - DEBARMENT, SUSPENSION AND DISQUALIFICATION OF FIRM(S) AND INDIVIDUAL(S) › Section 17:19-4.2 - Conditions affecting the debarment of a firm(s) or an individual(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following
				conditions apply to 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
				17:19-4.1 shall not necessarily
				require that a firm or an individual 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
				17:19-4.1(a)1 
				through 8 shall be established upon the rendering of a final judgment or
				judgment of conviction or 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 written
				request of the debarred firm or individual, unless other cause for debarment
				exists.
5. The existence of a cause
				set forth in
				17:19-4.1(a)9 
				through 12 shall be established by evidence that the Director determines to be
				clear and convincing in nature.
6.
				Debarment for the cause set forth in
				17:19-4.1(a)13 
				shall be proper, provided that one of the causes set forth in
				17:19-4.1(a)1 
				through 12 was the basis for debarment by the original debarring agency. Such
				debarment may be based entirely on record of facts obtained by the original
				debarring agency.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 4 - DEBARMENT, SUSPENSION AND DISQUALIFICATION OF FIRM(S) AND INDIVIDUAL(S) › Section 17:19-4.4 - Causes for suspension of a firm(s) or an individual(s)

Current through Register Vol. 56, No. 14, July 15, 2024
In the public interest, the DPMC may suspend a firm or an
				  individual for any cause specified in
				  17:19-4.1, or upon adequate
				  evidence that such cause exists.
New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 19 - CLASSIFICATION AND PREQUALIFICATION OF FIRMS › Subchapter 4 - DEBARMENT, SUSPENSION AND DISQUALIFICATION OF FIRM(S) AND INDIVIDUAL(S) › Section 17:19-4.5 - Conditions for suspension of a firm(s) or an individual(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The conditions
				for the suspension of a firm or an individual shall include the following:
1. Suspension shall be imposed only upon
				approval of the Director and 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 the
				Attorney General and shall be rendered in the best interest of the
				State.
3. Suspension shall not be
				based upon unsupported accusation, but upon adequate evidence that cause
				exists.
4. In assessing whether
				adequate evidence exists, consideration shall be given to the credible evidence
				that is produced, to the existence or absence of corroboration as to important
				allegations, and to inferences that may properly be drawn from the existence or
				absence of affirmative facts.
5.
				Reasonable suspicion of the existence of a cause described in
				17:19-4.1(a)1 
				through 8 may be established by the rendering of a final judgment or judgment
				of 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 of government for any of the causes
				described in
				17:19-4.1(a)1 
				through 12 may be the basis for the imposition of a concurrent suspension by
				the DPMC, which may impose such suspension when found to be in the best
				interest of the State.