reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 5 - DISTRIBUTION OF CONSTRUCTION PLANS AND SPECIAL PROVISIONS › Section 16:44-5.2 - Nondepartmental distribution

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department's engineering documents unit will distribute one copy of the plans
				and Special Provisions without cost to the following:
1. Each utility specifically listed in the
				plans or Special Provisions as having an interest in the work to be
				performed;
2. Each railroad company
				listed in the plans or Special Provisions as having an interest in the work to
				be performed;
3. The county
				engineer wherein any part of the work on a given project is located;
				and
4. The township, borough or
				municipal engineer of each township, borough, or municipality wherein any part
				of the work on a given project is located, and one copy to the engineering
				official of any other governmental body involved in the project site.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 5 - DISTRIBUTION OF CONSTRUCTION PLANS AND SPECIAL PROVISIONS › Section 16:44-5.3 - Departmental distribution

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The division or
				bureau of origination shall provide construction plans and specifications on
				each advertised project to the Department's Design Field Offices to enable
				contractor organizations to review these plans and specifications. The
				Department's Design Field Offices are located in:
1. Mt. Arlington;
2. Freehold; and
3. Mt. Laurel.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 6 - ADVERTISING FOR BIDS › Section 16:44-6.1 - Requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Projects shall
				be advertised by public notice published for at least three weeks before bids
				are to be received, pursuant to the requirements of
				27:7-29. Advertisements will also
				be posted on the Department's website at:
www.nj.gov/transportation/business/procurement/ConstrServ/curradvproj.shtmand
the Department's electronic bidding provider at:
www.bidx.com
.
(b) The advertisement will give a brief
				description of the work and materials required, specify where plans and
				specifications can be seen or obtained; the hour, date and place, where the
				electronic proposal will be received and publicly downloaded and read; and such
				other pertinent information as the Commissioner may deem relevant to the
				project.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 7 - BIDDING DEPARTMENT PROJECTS › Section 16:44-7.1 - Acceptance of bids

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Bids will only
				be accepted from a contractor classified with the Department pursuant to
				N.J.A.C. 16:44-3.
(b) Bids will
				only be accepted from a contractor who has been classified in at least one of
				the work types required in the project advertisement.
(c) Bids will only be accepted from a
				contractor in an amount that does not exceed its project rating.
(d) When there is a question as to whether a
				bid is within the contractor's classification or, where it reasonably appears
				that a contractor may not have the classification that will allow it to bid on
				a project for which bids are being sought, the bid will be opened
				provisionally. If the bid is for a different work type or in a dollar amount
				greater than the contractor's maximum project rating, the bid will be
				rejected.
(e) No bids will be
				accepted after the bidding has been closed.
(f) Bids will be accepted only if an
				authorized agent, employee or officer of the contractor has acknowledged
				receipt of all addenda.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 7 - BIDDING DEPARTMENT PROJECTS › Section 16:44-7.2 - Joint ventures

Current through Register Vol. 56, No. 14, July 15, 2024
Two or more contractors holding valid classifications with
				  the Department may file a request to form a joint venture for the purpose of
				  submitting a bid on a specific project. A joint venture statement must be filed
				  with the Bureau at least five days prior to the date set for receipt of bids on
				  the project.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 7 - BIDDING DEPARTMENT PROJECTS › Section 16:44-7.3 - Bid procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Bids will be
				received at the hour, date and place specified in the advertisement or as
				otherwise noticed to all potential bidders.
(b) The presiding officer will open each bid
				session as near to the hour specified in the advertisement as is practical. The
				presiding officer will announce the projects on which bids are being received
				during that bid session.
(c) When
				required by the project's specifications, the Department will utilize an
				internet bidding process and the contractor shall be required to submit the bid
				via the internet using the appropriate software. When the internet bidding
				process is specified, no "paper" bids will be accepted.
1. Internet bidding information is available
				on the Department's website at
www.bidx.com
. The contractor shall download
				the bidding software. No alteration of the software is permitted. Registration
				and subscription fees are required to submit bids via the internet and to
				access plans and Special Provisions.
2. The contractor shall download all bid
				documents from the Department's internet bidding website. The bid shall consist
				of the completed bid documents that are submitted via the internet by the
				contractor to the Department prior to the time for the opening of bids. The
				Department assumes no responsibility for errors or omissions in the downloaded
				documents, except as specifically provided for in the bid documents.
3. The contractor shall submit a proposal
				form as provided on the Department's internet bidding website. The contractor
				shall include all addenda amendments on the proposal form.
4. The contractor shall specify a price for
				each pay item except when alternate pricing is specified.
5. The contractor shall submit its bid with a
				valid electronic signature. An additional fee is required for each person
				authorized by the contractor to electronically sign the bid.
6. The contractor shall ensure delivery of
				its bid and all its components, including the required schedule of items. For
				wholly State-funded projects, the bid documents shall include acknowledgment of
				compliance with the registrations specified in (f) and (g) below, and with
				19:44A-20.1 3, a proposal bond
				form and other related documents, as required by specification.
7. The contractor is solely responsible for
				any and all errors, for timely submission of the bid and all required
				components and attachments, through the electronic bidding system.
8. The Department assumes no responsibility
				for any claim arising from the failure of any bidder or the electronic delivery
				system to cause any bid, bid component or attachment to not be delivered to the
				Department on or before the time set for bid opening.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 7 - BIDDING DEPARTMENT PROJECTS › Section 16:44-7.4 - Rejection of bids

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Commissioner may disqualify any contractor and reject its bid at any time prior
				to the contract execution when there have been developments subsequent to
				classification, which, in the opinion of the Commissioner, would adversely
				affect the responsibility of the bidder. Before taking such action, the
				Commissioner will notify the bidder and give it an opportunity to present
				additional information in support of its responsibility.
(b) Bids may be rejected for the following
				reasons:
1. If the proposal is on a form
				other than that furnished by the Department; or if the form is altered or any
				part of the form is detached or incomplete;
2. If the proposal is not properly
				signed;
3. If there are
				unauthorized additions, conditional or alternate bids, or irregularities of any
				kind which may make the proposal incomplete, indefinite, or ambiguous as to its
				meaning;
4. If the bidder adds any
				provisions reserving the right to accept or reject an award or to enter into a
				contract pursuant to an award;
5.
				If the bidder makes an alteration to the "Unit Prices" or "Amounts" as provided
				by the Department in the bid proposal, unless otherwise directed by
				addendum;
6. If the bidder fails to
				provide a total price in its bid;
7. If the bidder fails to acknowledge all
				addenda posted through the Department's website. The addenda acknowledgement
				folder is included in the Department's internet bidding file. Certain addenda
				contain amendments and may require revisions to the schedule of items to be
				bid. The Department also has the right to reject bids that do not contain all
				applicable amendments to the schedule of items to be bid; or
8. If the Commissioner deems it advisable to
				do so in the interest of the State.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 7 - BIDDING DEPARTMENT PROJECTS › Section 16:44-7.5 - Withdrawal

Current through Register Vol. 56, No. 14, July 15, 2024
A bidder may withdraw a bid by notifying the Bureau in
				  writing prior to the opening of any bid on the subject project.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 8 - PROJECT AWARD › Section 16:44-8.1 - General provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Bureau
				shall identify the lowest and next lowest bidders. All proposal bonds delivered
				with the bids, except for those of the lowest and next lowest bidders, shall be
				returned within three working days after the bids are received.
(b) The Department shall award the contract
				to the lowest responsible bidder or reject all the bids within 30 working days
				after the bids are received. The timeframe for awarding the contract may be
				extended by mutual agreement. The contractor must agree to perform in
				accordance with the plans and specifications at the time the bids were
				received.
(c) The contractor shall
				submit an Affirmative Action Employee Information Report to the Department's
				Division of Civil Rights and Affirmative Action within seven days from the day
				bids are received. Approval of the contractor's Affirmative Action Plan for
				Disadvantaged Business Enterprises, Emerging Small Business Enterprises and
				Small Business Enterprises by the Division of Civil Rights and Affirmative
				Action is required prior to award of the contract.
(d) Award of the contract shall not be
				binding on the Department, until such a time as the contract and bond documents
				have been fully executed by the contractor and the Department.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 9 - CONTRACTS › Section 16:44-9.1 - Contracts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				will forward the contract and surety corporation payment and performance bond
				forms to the contractor for signature and include the time within which the
				executed contract and bond forms must be returned in accordance with the
				specifications. The contract must be signed and witnessed. A properly signed
				and sealed corporate resolution verifying the authority of the persons to sign
				the contract for the corporation must be included with the contract. The
				corporate resolution must specify that each person individually has the
				authority to bind the contractor to the contract.
(b) Each payment and performance bond must be
				in an amount at least equal to the total contract price less the lump sum price
				bid for the pay item "Performance Bond and Payment Bond." Payment and
				performance bonds must bear the date of issuance, which must be subsequent to
				the project award. The payment and performance bond number must be legibly
				shown on the top right corner of the bond.
1.
				Payment and performance bonds must comply with the requirements of this chapter
				and relevant State statutes. Bonds covering Department projects must be issued
				by companies listed in the current United States Treasury Department Circular
				570, which Circular will establish the underwriting limitation for any one
				risk.
2. Bonds shall be issued only
				by companies authorized to transact business in the State of New
				Jersey.
3. If the penal sum of the
				bond is $ 3.5 million or greater and the surety company has been operational
				for a period in excess of five years, the surety company issuing the bond shall
				be rated in one of the three highest categories by an independent, nationally
				recognized United States rating company as set forth in N.J.A.C. 11:1-41. The
				contractor shall submit proof of the surety company's current rating with the
				bonds.
4. The contractor shall
				submit a surety disclosure statement and certification which complies with the
				requirements of
				2A:44-143 with the
				bonds.
5. Two or more surety
				companies may underwrite the payment and performance bonds on a project if the
				aggregate of their underwriting limitations, as established by United States
				Treasury Department Circular 570, is not exceeded by the penal sum of the
				bonds. Each company may limit its liability, upon the face of the bond or power
				of attorney form, to a definite specified amount within its underwriting
				limitation. The principal and sureties must execute the obligations jointly and
				severally.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 10 - RETAINAGE AND PARTIAL PAYMENTS TO CONTRACTORS › Section 16:44-10.1 - Partial payments to contractors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Partial
				payments and retainage will be made pursuant to N.J.S.A 27:7-34, except on
				Federally funded projects where retainage will not be held on amounts due for
				partial payment for subcontracted work.
(b) Contracts may also provide for partial
				payments to contractors for materials for the project that have not yet been
				incorporated into the work, provided the materials are of acceptable quality,
				are stored and protected in an acceptable manner and for which the contractor
				furnishes releases of liens. The amount of the partial payment may not exceed
				85 percent of the bid price for the associated item.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 10 - RETAINAGE AND PARTIAL PAYMENTS TO CONTRACTORS › Section 16:44-10.2 - Percent withheld pending completion of contract

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Two percent of
				the amount due on partial payments of the total adjusted contract price will be
				deducted and retained by the Department pending substantial completion. Upon
				substantial completion of the contract, as defined at N.J.A.C. 16:45, one
				percent will be withheld.
(b) At
				any time during the performance of the work, if work is not progressing as
				defined by the current edition of the Department's Standard Specifications for
				Road and Bridge Construction, the Commissioner has discretion to increase the
				withholding to four percent of the payment due.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 10 - RETAINAGE AND PARTIAL PAYMENTS TO CONTRACTORS › Section 16:44-10.3 - Percent withheld for deferred work

Current through Register Vol. 56, No. 14, July 15, 2024
When the contract provides that a portion of the work may be
				  deferred with the approval of the Commissioner, the sum withheld from the
				  contractor may not be less than 25 percent of the value of the deferred
				  work.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 10 - RETAINAGE AND PARTIAL PAYMENTS TO CONTRACTORS › Section 16:44-10.4 - Pledge of approved bonds by contractor in lieu of retained percentages

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any money
				heretofore or hereafter withheld from contract payments as provided for in this
				subchapter shall be paid by the State to any contractor entitled thereto who
				shall deposit certain negotiable bonds with a bank in the State of New Jersey,
				which is an approved depository of the State of New Jersey, having a trust
				department, and which is willing to complete the escrow agreement between the
				Department, the contractor and the bank.
(b) The bonds deposited by the contractor
				must be issued by the State of New Jersey or any of its political subdivisions,
				having a rating of at least "Baa" by Moody's Investor Service and/or "BBB" by
				Standard and Poors Corporation, and must have a value at least equal to the
				amount of money to be released to the contractor.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 10 - RETAINAGE AND PARTIAL PAYMENTS TO CONTRACTORS › Section 16:44-10.5 - Responsibilities of bank designated and appointed as escrow agent

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon delivery
				of the negotiable bonds, the bank shall certify to the Department that the
				bonds meet the terms of acceptability defined herein and furnish a receipt to
				the contractor and send a copy to the Department. The receipt shall contain:
1. Description of negotiable bonds on deposit
				by official name;
2. The rating of
				each issue of bonds;
3. Maturity
				date;
4. Coupon rate;
5. Par value and current market value of each
				issue.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 10 - RETAINAGE AND PARTIAL PAYMENTS TO CONTRACTORS › Section 16:44-10.6 - Deposit of additional bonds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If additional
				bonds are required due to a decline in market value of those bonds on deposit
				with the bank or the value of the bonds on deposit less than the total
				retainage requirement, the Department shall deduct from current payments,
				amounts sufficient so that the total bond value on deposit plus retainage
				withheld will equal the total retainage requirement on all contracts.
(b) The contractor may place sufficient
				additional bonds on deposit with the bank.
(c) The contractor shall replace any of the
				bonds held in the escrow account whose value was used in the computation of the
				amount of the retainage released to the contractor at any time those bonds
				decline in rating below the rating required for bonds to be acceptable. The
				contractor is required to replace the unacceptable bonds with acceptable bonds.
				The Department shall withhold from future payments cash equal to the amount of
				retainage previously released to the contractor which was based upon the value
				of the now unacceptable bonds should the contractor fail to replace the
				unacceptable bonds with acceptable bonds.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 10 - RETAINAGE AND PARTIAL PAYMENTS TO CONTRACTORS › Section 16:44-10.7 - Called or matured bonds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The bank acting
				as escrow agent shall process called or matured bonds for collection and notify
				the contractor and the Department of such action.
(b) Proceeds of called or matured bonds whose
				value was used in the computation of the amount of retainage released to the
				contractor may be released by the bank upon delivery by the contractor of
				acceptable bonds with current value equal to or greater than the amount of the
				proceeds of the called or matured bonds.
(c) The contractor may substitute acceptable
				new bonds for those bonds in the escrow account that were called or
				matured.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 10 - RETAINAGE AND PARTIAL PAYMENTS TO CONTRACTORS › Section 16:44-10.8 - Default

Current through Register Vol. 56, No. 14, July 15, 2024
If the contractor defaults or is otherwise deemed owing the
				  Department, the Commissioner shall promptly notify the bank in writing of such
				  default or obligation. Following written notification, the bank shall not
				  dispose of, release or compromise any bond or the proceeds of called or matured
				  bonds, without written instructions from the Commissioner. If directed by the
				  Commissioner, the bank shall sell any bonds in the escrow account and pay
				  proceeds of such sale and/or the proceeds held in the account from called or
				  matured bonds to the Department or to any payee designated by the Commissioner.
				  A copy of the instructions to sell shall be sent to the contractor by certified
				  mail.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 10 - RETAINAGE AND PARTIAL PAYMENTS TO CONTRACTORS › Section 16:44-10.9 - Payment of service charges

Current through Register Vol. 56, No. 14, July 15, 2024
The contractor shall pay all charges of the bank for
				  services rendered in accordance with the terms and conditions of the escrow
				  agreement and this subchapter.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 11 - DEBARMENT, SUSPENSION AND DISQUALIFICATION › Section 16:44-11.1 - Causes for debarment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the public
				interest, the Department may debar a person for any of the following causes:
1. Commission of a criminal offense as an
				incident to obtaining or attempting to obtain a public or private contract, or
				subcontract thereunder, or in the performance of such contract or
				subcontract;
2. Civil or criminal
				violation of the Federal Organized Crime Control Act of 1970 or the New Jersey
				Racketeering Influenced and Corrupt Organizations Act,
				2C:41-1 et seq., or commission of
				embezzlement, theft, forgery, bribery, falsification or destruction of records,
				perjury, false swearing, receiving stolen property, obstruction of justice or
				any other offense indicating a lack of business integrity or honesty;
3. Violation of the Federal, State of New
				Jersey, or any state antitrust statutes, or of the Federal Anti-Kickback Act (
				18 U.S.C. §
											874 );
4. Violation of any of the laws governing the
				conduct of elections of the Federal government, State of New Jersey, or any
				state or of its political subdivisions;
5. Violation of the "Law Against
				Discrimination" (10:5-1 et seq.), or of the act
				banning discrimination in public works employment (10:2-1 et seq.) or of the act
				prohibiting discrimination by industries engaged in defense work in the
				employment of persons therein (10:1-10 et
				seq.);
6. Violations of any laws
				governing hours of labor, minimum wage standards, prevailing wage standards,
				discrimination in wages, or child labor;
7. Violations of any laws governing the
				conduct of occupations or professions or regulated industries;
8. Violations of any other laws which may
				bear upon a lack of responsibility or moral integrity;
9. Willful failure to perform in accordance
				with contract specifications or within contractual time limits;
10. A record of failure to perform or of
				unsatisfactory performance in accordance with the terms of one or more
				contracts, provided that such failure or unsatisfactory performance has
				occurred within a reasonable time preceding the determination to debar and was
				caused by acts within the control of the person debarred;
11. Violation of contractual or statutory
				provisions regulating contingent fees;
12. Any other cause affecting responsibility
				as a State contractor of such serious and compelling nature as may be
				determined by the Department to warrant debarment, including such conduct as
				may be prescribed by the laws or contracts enumerated in this paragraph even if
				such conduct has not been or may not be prosecuted as violations of such laws
				or contracts; and
13. Debarment or
				disqualification by any other agency of government.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 11 - DEBARMENT, SUSPENSION AND DISQUALIFICATION › Section 16:44-11.2 - Conditions affecting debarment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Debarment shall
				be made only upon approval of the Commissioner, except as otherwise provided by
				law.
(b) Any of the causes set
				forth in 16:44-11.1 shall not necessarily
				require that a person be debarred. In each instance, the decision to debar
				shall be made within the discretion of the Commissioner, unless otherwise
				required by law, and shall be rendered in the best interests of the
				State.
(c) All mitigating factors
				shall be considered in determining the seriousness of the offense, failure or
				inadequacy of performance and in deciding whether debarment is
				warranted.
(d) A cause set forth in
				16:44-11.1(a)1 
				through 8 shall be established upon the rendering of a final judgment or
				conviction, including a guilty plea or a plea of nolo contendere by a court of
				competent jurisdiction or by an administrative agency empowered to render such
				judgment. If an appeal taken from such judgment or conviction results in
				reversal of the judgment or conviction, the debarment shall be removed upon the
				written request of the debarred person unless other cause for debarment
				exists.
(e) A cause set forth in
				16:44-11.1(a)9 
				through 12 and (b) shall be established by clear and convincing evidence as
				determined by the Department.
(f)
				Debarment for the cause set forth in
				16:44-11.1(a)13 
				shall be proper, provided that one of the causes set forth in
				16:44-11.1(a)1 
				through 12 was the basis for debarment by the original debarring agency. Such
				debarment may be based entirely on the record of facts obtained by the original
				debarring agency, or upon a combination of such facts and additional
				facts.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 11 - DEBARMENT, SUSPENSION AND DISQUALIFICATION › Section 16:44-11.3 - Procedures, period of debarment and scope of debarment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When seeking to
				debar a person or a person's affiliates, the Department will furnish such party
				with a written notice stating that debarment is being considered; setting forth
				the reasons for the proposed debarment; and indicating that such party will be
				afforded an opportunity for a hearing if he or she so requests within a stated
				period of time. All such hearings shall be conducted in accordance with the
				provisions of the Administrative Procedures Act. However, where another
				Department or agency has imposed debarment upon a party, the Department may
				also impose a similar debarment without affording an opportunity for a hearing,
				provided that the Department furnishes notice of the proposed similar debarment
				to that party, and affords that party an opportunity to present information to
				explain why the proposed similar debarment should not be imposed in whole or in
				part.
(b) Debarment shall be for a
				reasonable, definitely stated period of time, which as a general rule shall not
				exceed five years. Debarment for an additional period shall be permitted
				provided that notice of the additional period is furnished and the party is
				afforded an opportunity to present information to explain why the additional
				period of debarment should not be imposed.
(c) Except as otherwise provided by law, a
				debarment may be removed or the period of debarment may be reduced in the
				discretion of the Department upon the submission of a good faith application
				under oath, supported by documentary evidence, setting forth substantial and
				appropriate grounds for the granting of relief, such as newly discovered
				material evidence, reversal of a conviction or judgment, actual change of
				ownership, management or control, or the elimination of the causes for which
				the debarment was imposed.
(d) A
				debarment may include all known affiliates of a person, provided that each
				decision to include an affiliate is made on a case-by-case basis after giving
				due regard to all relevant facts and circumstances. The offense, failure or
				inadequacy of performance of a person may be imputed to an affiliate of that
				person, where such conduct was accomplished within the course of the person's
				official duty or was affected by the person with the knowledge or approval of
				the affiliate.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 11 - DEBARMENT, SUSPENSION AND DISQUALIFICATION › Section 16:44-11.4 - Causes for suspension

Current through Register Vol. 56, No. 14, July 15, 2024
In the public interest, the Department may suspend a person
				  for any cause specified in
				  16:44-11.1 or upon reasonable
				  suspicion that such cause exists.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 11 - DEBARMENT, SUSPENSION AND DISQUALIFICATION › Section 16:44-11.5 - Conditions for suspension

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Suspension
				shall be imposed only upon approval of the Commissioner and upon approval of
				the Attorney General, except as otherwise provided by law.
(b) The existence of any cause for suspension
				shall not require that a suspension be imposed, and a decision to suspend shall
				be made at the discretion of the Commissioner and of the Attorney General, and
				shall be rendered in the best interest of the State.
(c) Suspension shall not be based upon
				unsupported accusation, but upon adequate evidence that cause exists or upon
				evidence adequate to create a reasonable suspicion that cause exists.
(d) In assessing whether adequate evidence
				exists to find a cause for suspension, consideration shall be given to the
				amount of credible evidence which is available, to the existence or absence of
				corroboration as to important allegations, and to inferences which may properly
				be drawn from the existence or absence of affirmative facts.
(e) Reasonable suspicion of a cause described
				in 16:44-11.1(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
				occur.
(f) A suspension invoked by
				another agency of government for any of the causes described in
				16:44-11.1 may be the basis for
				the imposition of a concurrent suspension by the Department, which may impose
				such suspension without the approval of the Attorney General.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 11 - DEBARMENT, SUSPENSION AND DISQUALIFICATION › Section 16:44-11.6 - Procedures, period of suspension and scope of suspension

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Department
				may suspend a person or his affiliates, provided that within 10 days after the
				effective date of the suspension, the Department provides such party with a
				written notice stating that a suspension has been imposed and its effective
				date; setting forth the reasons for the suspension to the extent that the
				Attorney General determines that such reasons may be properly disclosed;
				stating that the suspension is for a temporary period pending the completion of
				an investigation and such legal proceedings as may ensue; and indicating that,
				if such legal proceedings are not commenced or the suspension removed within 60
				days of the date of such notice, the party will be given either a statement of
				the reasons for the suspension and an opportunity for a hearing if the party
				requests a hearing, or a statement declining to give such reasons and setting
				forth the Department's position regarding the continuation of the suspension.
				Where a suspension by another agency has been the basis for suspension by the
				Department, the Department shall note that fact as a reason for the
				suspension.
(b) A suspension shall
				not continue beyond 18 months from its effective date unless civil or criminal
				action regarding the alleged violation shall have been initiated within that
				period, or unless debarment action has been commenced. Whenever prosecution or
				debarment action has been initiated, the suspension may continue until the
				legal proceedings are completed.
(c) A suspension may include all known
				affiliates of a person, provided that each decision to include an affiliate is
				made on a case-by-case basis after giving due regard to all relevant facts and
				circumstances. The offense, failure or inadequacy of performance of a person
				may be imputed to an affiliate of that person, where such conduct was
				accomplished within the course of the person's official duty or was effectuated
				by the person with the knowledge or approval of the affiliate.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 11 - DEBARMENT, SUSPENSION AND DISQUALIFICATION › Section 16:44-11.7 - Disqualification

Current through Register Vol. 56, No. 14, July 15, 2024
The disqualification of the person shall conform to
				  27:7-35.1 et seq. and this
				  chapter.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 11 - DEBARMENT, SUSPENSION AND DISQUALIFICATION › Section 16:44-11.8 - 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,
				  subcontracting and supplying within the control or jurisdiction of the
				  Department, including any contracts, which utilize State funds. When it is
				  determined by the Commissioner to be essential to the public interest, and upon
				  filing of a finding thereof with the Attorney General, an exception from total
				  exclusion may be made with respect to a particular State contract.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 11 - DEBARMENT, SUSPENSION AND DISQUALIFICATION › Section 16:44-11.9 - Prior notice

Current through Register Vol. 56, No. 14, July 15, 2024
Insofar as practicable, the Department shall give prior
				  notice of any proposed debarment or suspension to the Attorney General and the
				  Treasurer.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 11 - DEBARMENT, SUSPENSION AND DISQUALIFICATION › Section 16:44-11.10 - List of debarred, suspended or disqualified persons

Current through Register Vol. 56, No. 14, July 15, 2024
The Department shall supply to the State Treasurer a list of
				  all persons having been debarred, suspended, or disqualified in accordance with
				  the procedures prescribed in this chapter. Such list shall at all times be
				  available for public inspection.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 11 - DEBARMENT, SUSPENSION AND DISQUALIFICATION › Section 16:44-11.11 - Discretion

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing contained in this chapter shall be construed to
				  limit the authority of the Commissioner to refrain from contracting within the
				  discretion allowed by law.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 12 - REORGANIZATION OF CONTRACTORS › Section 16:44-12.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of
				this subchapter is to provide the Commissioner with the means of assuring that
				the public is adequately protected whenever a contractor, which is a
				corporation or a limited liability company (LLC), doing business with the
				Department, wishes to reorganize its structure in any fashion, including a
				change of its name.
(b) A
				contractor must comply with the procedures in this subchapter when a contractor
				is classified with the Department and wishes to continue bidding on Department
				projects or when a contractor has an ongoing contract in existence with the
				Department.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 12 - REORGANIZATION OF CONTRACTORS › Section 16:44-12.2 - Requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Whenever a
				contractor wishes to undertake a reorganization, as described in the definition
				of "corporate or LLC reorganization" at
				16:44-2.1, the contractor must
				demonstrate the following:
1. Advise the
				Commissioner in writing of the proposed reorganization (including a change of
				name) and provide a copy of the minutes or resolution or other official act
				properly authorizing the change. Such notice shall be made prior to the actual
				change when the contractor has an existing or ongoing contract in effect with
				the Department, and no change shall be accomplished without the express written
				approval of the Commissioner;
2.
				Proper registration of the new status, including any change in name, with the
				New Jersey Secretary of State or other appropriate New Jersey State office in a
				manner consistent with the applicable laws;
3. Proof of a binding certification from the
				surety company who issued the payment and performance bonds, if the contractor
				has an ongoing contract with the Department, stating that the surety concurs in
				the reorganization and will honor its obligations under the bonds after the
				reorganization takes place;
4.
				Proof in writing that the reorganization shall not affect in any manner:
i. Its obligations under any existing
				contracts; or
ii. Its project
				rating and financial capability; and
5. If the reorganization takes the form of a
				transfer of assets in a new or different corporation or limited liability
				company (LLC), the new corporation or LLC shall be required to do the
				following:
i. Present a new Vendor
				Identification Number (Federal Identification Number);
ii. Satisfy the classification requirements
				as specified under
				16:44-3.2, including the filing of
				a new Questionnaire; and
iii. In
				the case of a foreign corporation, provide the name and address of its agent in
				New Jersey authorized to accept service pursuant to
				14A:13-1 et seq.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44A - CONTRACTS FOR PROFESSIONAL SERVICES › Subchapter 1 - APPLICABILITY › Section 16:44A-1.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this chapter shall apply only to contracts
				  for professional services which are in excess of $ 25,000 and subject to the
				  procurement provision requirements of
				  52:34-9.1 et seq. Nothing in this
				  chapter shall preclude the Department from using procurement processes other
				  than those prescribed herein if those processes have been approved by the
				  Federal government or other State statute or if an emergency has been declared
				  by the Commissioner of the Department of Transportation.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44A - CONTRACTS FOR PROFESSIONAL SERVICES › Subchapter 2 - DEFINITIONS › Section 16:44A-2.1 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings unless the context clearly indicates
				  otherwise.
"Commissioner" means the Commissioner of the New Jersey
				  Department of Transportation.
"Department" means the New Jersey Department of
				  Transportation.
"Professional firm" means any individual, firm, partnership,
				  corporation, association or other legal entity permitted by law to provide
				  professional services in this State.
"Professional services" means those professional
				  architectural, landscape architectural, engineering and land surveying
				  services, including planning, environmental, and construction inspection
				  services required for the development and construction of projects, within the
				  scope of the practice of architecture, landscape architecture, professional
				  engineering or professional land surveying as defined by the laws of this State
				  or those performed by an architect, landscape architect, professional engineer
				  or professional land surveyor in connection with his or her professional
				  employment practice.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44A - CONTRACTS FOR PROFESSIONAL SERVICES › Subchapter 3 - CRITERIA FOR THE SELECTION OF THE MOST HIGHLY QUALIFIED PROFESSIONAL FIRMS › Section 16:44A-3.1 - Criteria for the selection of the most highly qualified professional firms

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to the
				solicitation of technical proposals pertaining to the procurement of
				professional services, the Department shall publicly advertise its need for
				such services. The advertisement shall conform to the requirements of
				52:34-12(a) and
				(b), or be publicly advertised on the
				Department's website at:
www.nj.gov/transportation/business/procurement/ProfServ/
.
				The advertisement shall either include a statement of the criteria by which the
				Department shall evaluate the technical qualifications of professional firms
				and determine the order of preference to be used in designating the firms most
				highly qualified to perform the services or identify such criteria by reference
				to the provisions of this chapter.
(b) Any professional firm that wishes to
				provide professional services to the Department shall pre-qualify by filing a
				current statement of qualifications and supporting data with the Department
				pursuant to
				52:34-9.3. Such statements may be
				filed at any time during the calendar year, and a fee of $ 100.00 shall be
				remitted by the professional firm at the time each statement is filed.
				Statements filed more than two years prior to the Department's publication of
				an advertisement shall not be deemed current statements and shall not be
				considered for that particular advertised need.
(c) In selecting the most highly qualified
				professional firms with which to contract for professional services, the
				Department, where applicable, shall consider the following criteria:
1. The experience and qualifications of the
				firm and designated project team in providing similar services;
2. The experience and qualifications of the
				firm and designated project team on projects of similar size and
				complexity;
3. The experience and
				capability of the firm and designated project team in respect to any special
				technologies, techniques, or expertise the project may require;
4. The past performance of the firm;
				and
5. Criteria unique to a
				particular project and specified in the Department's public advertisement of
				that project.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 46 - DRAWBRIDGE OPERATIONS › Subchapter 1 - DRAWBRIDGE OPERATIONS › Section 16:46-1.1 - Opening and closing of bridges

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Moveable
				bridges shall be operated in accordance with 33 CFR Part 117, Subpart
				A--General Requirements and Subpart B--Specific Requirements. The regulations
				are available at:
http://www.ecfr.gov/cgi-bin/text-idx
.
(b) The New Jersey Department of
				Transportation's schedules for drawbridge operations are available on the
				Department's website at:
http://www.nj.gov/transportation/commuter/drawbridge.shtm
.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 1 - PURPOSE, SCOPE, AND GENERAL PROVISIONS › Section 16:47-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The purpose of this chapter is to provide
				a system of access management to protect and enhance the safety and efficiency
				of the State highway system and the public investment in that system, pursuant
				to
				N.J.S.A.
				27:7-89et seq. This purpose is achieved
				through the regulation of access to the State highway system.
(b) Nothing set forth in this chapter shall
				be interpreted as requiring the Department to construct or improve access to
				the State highway system or make other improvements related thereto. The
				Department will not expend public funds to assist a lot or site owner in
				obtaining access to a State highway.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 47 - STATE HIGHWAY ACCESS MANAGEMENT CODE › Subchapter 1 - PURPOSE, SCOPE, AND GENERAL PROVISIONS › Section 16:47-1.2 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter
				provides for the regulation of access to the State highway system through the
				issuance of an access permit. Access permits may be revised or
				revoked.
(b) State highway access
				will be allowed subject to the provisions of this chapter. Non-State highway
				access may be required when that non-State highway access will improve the
				safety and efficiency of the State highway. State highway access may be denied
				when non-State highway access is available. The governmental agency having
				jurisdiction and control of a road providing non-State highway access shall not
				prohibit the non-State highway access, but may seek appropriate mitigation from
				the lot or site owner associated with the traffic using the non-State highway
				access.
(c) In accordance with the
				State Highway Access Management Act, the Department may acquire, by purchase or
				condemnation, any right of access to any State highway after determining that
				it is necessary to protect the public health, safety, and welfare. In addition,
				the Department may revise or revoke an access permit after determining that
				alternative access will be made available which meets the standards set forth
				in this chapter for the lot or site served by the access permit and that this
				action would be consistent with the purposes of the State Highway Access
				Management Act. Further, the Department may build new roads or acquire access
				easements to provide alternative access to an existing developed lot or site
				that has no other means of access to any street other than a State
				highway.
(d) The Department may
				adjust, modify, or remove a driveway or a street that provides access to the
				State highway to further the purposes of this chapter. This work may be done in
				conjunction with State highway projects advanced by the Department or others
				with Department approval, or through separate access projects. The Department
				will provide alternative access if it makes such alterations.