New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38A - PROCEDURES FOR PREQUALIFICATION OF CONTRACTORS AND PROFESSIONAL SERVICES CONSULTANTS FOR THE NEW JERSEY SCHOOLS CONSTRUCTION PROGRAM › Subchapter 4 - REVOCATION, SUSPENSION AND DEBARMENT › Section 19:38A-4.1 - Grounds for revocation of prequalification or denial of a renewal application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Authority has the burden of proof in revoking a current, valid
				  prequalification, and in denying a timely, complete application to renew a
				  current, valid prequalification.
(b) Any prequalification may be revoked or a
				  renewal may be denied by the Authority for any of the following causes:
1. Fraud, deceit, or misrepresentation in
				  securing prequalification, failure to supply information, or the supplying of
				  information which is untrue or misleading, as to a material fact pertaining to
				  the responsibility of the firm, any key person, or any person required to be
				  listed in the application;
2. Lack
				  of responsibility, integrity, reliability, expertise, competency, or lack of
				  any required license or permit, to engage in contracting or professional
				  consultant services by the firm or any key person;
3. Conviction of the firm, any key person, or
				  any person required to be listed in the application, of any of the following
				  crimes under the laws of New Jersey or the equivalent thereof under the laws of
				  any other jurisdiction:
i. Murder,
				  kidnapping, robbery, criminal usury, arson, burglary, any crime of the third
				  degree or above specified in Chapters 14, 20 or 21 of Title 2C of the New
				  Jersey Statutes, any offense specified in Chapters 27, 28 or 30 of Title 2C of
				  the New Jersey Statutes, racketeering, violation of the criminal provisions of
				  the New Jersey Antitrust Act, P.L. 1970, c. 73 (56:9-1 et seq.), any purposeful or
				  knowing violation of the criminal provisions of any environmental protection
				  law, any criminal violation or disorderly persons offense under the Act, any
				  offense showing lack of business integrity or honesty, or an attempt or
				  conspiracy to commit any of the violations listed above; or
ii. Any other offense, attempt or conspiracy
				  to commit any offense under any state or Federal law which indicates that
				  prequalification of the firm would be inimical to the policy of the Act, the
				  integrity of school facilities projects, or the public interest.
iii. The provisions of this paragraph shall
				  not apply with regard to any conviction which occurred more than 10 years
				  before the application, or to any conviction which has been addressed by a
				  judicial order of expungement or a pardon; however, the Authority may consider
				  the conduct underlying the criminal conviction;
4. The commission by the firm, key person or
				  any person who is required to be listed in the application of any act or acts
				  which would constitute any offense enumerated in (b)3 above, even if such
				  conduct has not been or may not be prosecuted under the criminal laws of this
				  State or any other jurisdiction or has been prosecuted under the criminal laws
				  of this State or any other jurisdiction and such prosecution has been
				  terminated in a manner other than with a conviction;
5. Identification of the firm, any key
				  person, any person required to be listed in the application, or any other
				  person shown to have a beneficial interest in the business of the firm, as a
				  career offender or a member of a career offender cartel or an associate of a
				  career offender or career offender cartel, where such identification,
				  membership or association creates a reasonable belief that the participation of
				  that person in any activity financed under the Act would be inimical to the
				  policies of the Act or the public interest. For the purposes of this paragraph,
				  "career offender" means any person whose behavior is pursued in an occupational
				  manner or context for the purpose of economic gain, utilizing such methods as
				  are deemed criminal violations of the public policy of this State; and a
				  "career offender cartel" means any group of persons who operate together as
				  career offenders;
6. Failure of the
				  firm, a key person or any person who is required to be listed on the
				  application to cooperate or comply with orders issued by any legislative
				  investigatory body or other official investigatory body of any state or its
				  subdivisions or of the United States when such body is engaged in the
				  investigation of crimes or misconduct relating to public works contracting,
				  official corruption, corrupt practices or organized crime activity;
7. Violations of any of the laws governing
				  the conduct of elections of the State of New Jersey or of its political
				  subdivisions;
8. Violations 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.);
9. Violations of any laws
				  governing hours of labor, minimum wage standards, prevailing wage standards,
				  discrimination in wages, or child labor;
10. Violations of any laws governing the
				  licensing or conduct of occupations or professions or regulated industries, or
				  violation of contractual or statutory provisions regulating contingent
				  fees;
11. Willful failure to
				  perform in accordance with contract specifications or within contractual time
				  limits;
12. Failure to perform or
				  less than satisfactory performance in accordance with the terms of one or more
				  contracts, provided that such failure or less than satisfactory performance has
				  occurred within a reasonable time preceding the application;
13. Debarment, disqualification, revocation
				  or suspension of the firm's right to bid or contract by an agency of
				  government, if based on a cause equivalent to one set forth in this
				  subchapter;
14. Offering,
				  conferring, or agreeing to confer any benefit to induce the Authority, a school
				  district, or any person either to perform or violate an official duty, or to
				  violate the provisions of these regulations or of any law related to or
				  implicating integrity or any rule or regulation adopted pursuant thereto;
				  or
15. Any other cause of such
				  serious and compelling nature that the granting of prequalification would be
				  inconsistent with the policies of the Act or the public interest.