New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 39 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 1 - GENERAL PROVISIONS › Section 19:39-1.2 - 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:
"Abbott district" means an Abbot district as defined in
					 section
					 3 of
					 P.L.
					 1996, c. 138
					 (18A:7F-3).
"Act" means the Educational Facilities Construction and
					 Financing Act,
					 P.L.
					 2000, c. 72
					 (18A:7G-1 et seq.),
					 P.L.
					 2007, c. 137, and
					 P.L.
					 2008, c. 39.
"Affirmative action" whether used separately, or in
					 combination with other words or phrases (including, but not limited to,
					 "program," "equal employment opportunity," and "EEO/AA"), means good faith
					 steps taken to ensure equal opportunity employment for women and minority
					 workers, but does not include, employment quota, except where otherwise
					 permitted and appropriate under applicable law.
"Affirmative action plan" means an outline of the steps a
					 contractor or vendor will implement to achieve equal employment opportunity and
					 affirmative action and/or to correct its equal employment and affirmative
					 action deficiencies.
"Affirmative action program" means a program that complies
					 with the provisions at N.J.A.C. 17:274 or 6.
"Authority" or "SDA" means the New Jersey Schools
					 Development Authority, established pursuant to
					 section
					 3 of
					 P.L.
					 2007, c. 137
					 (52:18A-235 et seq.), the successor
					 entity to the New Jersey Schools Construction Corporation. The Authority is
					 statutorily charged with undertaking and funding school facilities projects,
					 pursuant to the Act.
"Certificate of Employee Information Report" means the
					 certificate issued by the Division upon the initial receipt of a properly
					 completed employee information report from a vendor, including professional
					 services contractors.
"Certified payroll report" means the form completed by the
					 construction contractor awarded a contract by the Authority that indicates the
					 race, gender and hours worked by each tradesperson during a pay period,
					 certified by the construction contractor.
"Compliance inspector" means an employee of the Authority
					 who is responsible for monitoring compliance with this chapter.
"Construction contract" means any contract between a firm
					 and the Authority for the construction of a school facilities project, and
					 includes contracts procured pursuant to N.J.A.C. 19:36 , 19:38, or
					 19:38B.
"Construction contractor" means a firm that enters into or
					 offers to enter into a construction contract with the Authority.
"Contract" means the entire and integrated agreement
					 between a firm and the Authority.
"Contractor" means a firm that enters into, or offers to
					 enter into, a construction or goods and services contract with the Authority.
					 The term also includes consultants, non-profits, and providers of professional
					 services.
"Department" means the Department of Labor and Workforce
					 Development, Construction Equal Opportunity Monitoring Program. The Department
					 is responsible for monitoring the EEO/AA compliance of construction
					 contractors.
"Disabled veteran-owned business" or "DVOB" means a
					 business that has its principal place of business in the State, is
					 independently owned and operated, and at least 51 percent of which is owned and
					 controlled by persons who are disabled veterans or a business that has its
					 principal place of business in this State and has been officially verified by
					 the United States Department of Veterans' Affairs as a service disabled
					 veteran-owned business for the purposes of Federal contracts pursuant to
					 Federal law.
"Disabled veterans' business set-aside contract" means a
					 contract for goods, equipment, construction, or services that is designated as
					 a contract with respect to which bids are invited and accepted only from
					 disabled veterans' businesses, or a portion of a contract when that portion has
					 been so designated.
"Division" means the Division of Purchase and Property
					 Contracts Compliance Audit Unit, Equal Employment Opportunity/Affirmative
					 Action Monitoring Program, established in the State of New Jersey, Department
					 of the Treasury, or successor entity. The Division is responsible for
					 monitoring the EEO/AA compliance of goods and services (including professional
					 services) vendors and public agencies, respectively.
"Employee Information Report" means the Division form that
					 provides a breakdown of the goods and services contractor's workforce.
"Firm" means any association, company, contractor,
					 corporation, joint stock company, limited liability company, partnership, sole
					 proprietorship, or other business entity, including their assignees, lessees,
					 receivers, or trustees.
"Good faith" means with respect to goods and services
					 contractors' obligations pursuant to
					 N.J.A.C.
					 19:39-2.3, the actions set forth at
					 N.J.A.C.
					 19:39-2.3(c); with respect
					 to construction contractors' obligations pursuant to
					 N.J.A.C.
					 19:39-2.4, the actions set forth at
					 N.J.A.C.
					 19:39-2.4(b); with respect
					 to contractors' obligations pursuant to
					 N.J.A.C.
					 19:39-2.5, the actions set forth at
					 N.J.A.C.
					 19:39-2.7; and, with respect to contractors'
					 obligations pursuant to
					 N.J.A.C.
					 19:39-2.6, the actions set forth at
					 N.J.A.C.
					 19:39-2.8.
"Goods and services contract" means any contract entered
					 into by the Authority for fixtures, furnishings, equipment, and any other
					 tangible items, and/or professional, technical, or other types of services, in
					 accordance with N.J.A.C. 19:38D and/or 19:38C. For purposes of this definition,
					 "goods and services" shall not include construction services and materials in
					 connection with a construction contract.
"Goods and services contractor" means a firm that enters
					 into or offers to enter into a goods and services contract with the
					 Authority.
"Initial Project Workforce Form" means SDA's Form AA-201,
					 which is filed by the construction contractor and provides a projected
					 breakdown of the number of all workers per trade and of minorities and women on
					 a construction project.
"Minority-owned business enterprise" or "MBE" means a
					 business that is certified as a minority-owned business enterprise by the New
					 Jersey Department of the Treasury, Division of Revenue and Enterprise Services
					 or successor entity.
"Minority worker" means any worker as defined by the New
					 Jersey Department of Treasury rule
					 17:27-2.1.
"Monthly Workforce Tracking Report" means SDA's Form
					 AA-202, which provides an analysis of a contractor's and its subcontractors'
					 workforce.
"Performance evaluation" means the Act-mandated uniform
					 performance evaluation of construction or goods and services contractors on all
					 school facilities projects that must be utilized in reviewing bid
					 submissions.
"SBE DVOB Participation Form" means the SDA form completed
					 by a contractor awarded a contract by the Authority that lists all of the SBEs
					 and DVOBs that will participate in the contract, including scope of work,
					 actual dollar amount, and percent of total contract to be performed.
"SBE DVOB Confirmation Form" means the SDA form completed
					 by a proposed subcontractor or goods and services provider that has been named
					 in a construction or goods and services contractor's SBE DVOB Participation
					 Form, which identifies the subcontractor or goods and services provider as a
					 proposed SBE or DVOB on said school facilities project, specifies the
					 subcontract bid amount, and attaches a current and valid copy of that
					 subcontractor's or goods and services provider's SBE or DVOB registration form
					 issued by the Department of the Treasury, Division of Revenue and Enterprise
					 Services, or successor agency.
"SBE Form A--Schedule of Participation" or "Form A" means
					 the form completed by the construction contractor awarded a contract by the
					 Authority that lists all of the SBEs that will participate in the contract,
					 including scope of work, actual dollar amount and percent of total contract to
					 be performed.
"SBE Form B--Schedule of Participation" or "Form B" means
					 the form completed by a goods and services contractor awarded a contract by the
					 Authority that lists all of the SBEs that will participate in the contract,
					 including the scope of work, actual dollar amount and percent of total contract
					 to be performed.
"SBE Form C--Confirmation Statement of SBE Status" or
					 "Form C" means the form completed by a proposed subcontractor or goods and
					 services provider that has been named in a construction or goods and services
					 contractor's Form A or Form B, respectively, which identifies the subcontractor
					 or goods and services provider as a proposed SBE on said school facilities
					 project, specifies the subcontract bid amount and attaches a current and valid
					 copy of that subcontractor's or goods and services provider's SBE registration
					 form issued by the Department of the Treasury, Division of Revenue and
					 Enterprise Services, or successor agency.
"School construction program" means the program of school
					 facilities projects and related activities undertaken by the SDA pursuant to
					 the Act.
"School facilities project" means the planning,
					 acquisition, demolition, construction, improvement, alteration, modernization,
					 renovation, reconstruction or capital maintenance of all or any part of a
					 school facility or of any other personal property necessary for, or ancillary
					 to, any school facility and shall include fixtures, furnishings and equipment,
					 and shall also include, but is not limited to, site acquisition, site
					 development, the services of design professionals, such as engineers and
					 architects, construction management, legal services, financing costs and
					 administrative costs and expenses incurred in connection with the
					 project.
"SDA district" means a school district that received
					 education opportunity aid or preschool expansion aid in the 2007-2008 school
					 year, as defined at
					 P.L.
					 2007, c. 260
					 (18A:7G-3).
"Small business enterprise" or "SBE" means a business that
					 is registered as a small business enterprise with the New Jersey Department of
					 the Treasury, Division of Revenue and Enterprise Services, or successor
					 entity.
"Subcontractor" means a third party that is engaged by a
					 contractor to perform, pursuant to a subcontract, all or part of the work
					 included in a public agency contract.
"Subcontractor Projection Form" or "Form AA201a" means the
					 SDA form completed by the construction contractor awarded a contract by the
					 Authority that provides information concerning each of the subcontractors that
					 will participate in the contract, including a Federal identification number and
					 status as an MBE, WBE, and/or SBE.
"Women-owned business enterprise" or "WBE" means a
					 business that is certified as a women-owned business enterprise by the New
					 Jersey Department of the Treasury, Division of Revenue and Enterprise Services,
					 or successor entity.
"Workforce compliance inspector" means an employee of the
					 Authority who is responsible for monitoring compliance with this
					 chapter.