New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY ECONOMIC DEVELOPMENT AUTHORITY › Chapter 30 - ADMINISTRATIVE RULES › Subchapter 2 - DISQUALIFICATION/ DEBARMENT/ CONFLICT OF INTEREST › Section 19:30-2.2 - Causes for disqualification/debarment of persons

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Authority may decline to give financial assistance, or approval as a tenant in
				  any Authority-financed project or Authority-owned project, to any person, or
				  may debar a person from Authority project contracting 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 or such contract or
				  subcontract;
2. Violation of the
				  Federal Organized Crime Control Act of 1970, 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 or State
				  antitrust statutes, or of the Federal Anti-Kickback Act; (
				  18 U.S.C.
				  874 );
4. Violation of any law governing the conduct
				  of elections of the Federal Government, State of New Jersey or of its political
				  subdivision;
5. Violation of the
				  "Law Against Discrimination" ( P.L. 1945, c.169,
				  10:5-1 et seq., as supplemented by
				  P.L. 1975, c.127), 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 (c.114, L.1942,
				  10:1-10 et seq.);
6. Violation of any laws governing hours of
				  labor, minimum wage standards, prevailing wage standards, discrimination in
				  wages, or child labor;
7. Violation
				  of any law governing the conduct of occupations or professions of regulated
				  industries;
8. Violation of any law
				  which may bear upon a lack of responsibility or moral integrity;
9. Any other cause of such serious and
				  compelling nature as may be determined by the Authority to warrant
				  disqualification for assistance or debarment from contracting with the
				  Authority or from Authority project contracting;
10. Debarment by any department, agency, or
				  instrumentality of the State or Federal government;
11. Violation of any of the following
				  prohibitions on vendor activities representing a conflict of interest, or
				  failure to report a solicitation as set forth in (a)11ii below:
i. No person shall pay, offer to pay, or
				  agree to pay, either directly or indirectly, any fee, commission, compensation,
				  gift, gratuity, or other thing of value of any kind to any Authority officer or
				  employee or special Authority officer or employee, as defined by N.J.S.A.
				  52:13D-13b and e, with which such person transacts or offers or proposes to
				  transact business, or to any member of the immediate family as defined by
				  N.J.S.A. 52:13D-13i, of any such officer or employee, or partnership, firm, or
				  corporation with which they are employed or associated, or in which such
				  officer or employee has an interest within the meaning of N.J.S.A.
				  52:13D-13g.
ii. The solicitation of
				  any fee, commission, compensation, gift, gratuity or other thing of value by
				  any Authority officer or employee or special Authority officer or employee from
				  any person shall be reported in writing by the person to the Attorney General
				  and the Ethics Liaison Officer.
iii. No person may, directly or indirectly,
				  undertake any private business, commercial or entrepreneurial relationship
				  with, whether or not pursuant to employment, contract or other agreement,
				  express or implied, or sell any interest in such person to, any Authority
				  officer or employee or special Authority officer or employee having any duties
				  or responsibilities in connection with the purchase, acquisition or sale of any
				  property or services by or to the Authority, or with any person, firm or entity
				  with which he or she is employed or associated or in which he or she has an
				  interest within the meaning of N.J.S.A. 52:13D-13g. Any relationships subject
				  to this subsection shall be reported in writing to the Authority Ethics Liaison
				  Officer and the State Ethics Commission, which may grant a waiver of this
				  restriction upon application of the Authority officer or employee or special
				  Authority officer or employee upon a finding that the present or proposed
				  relationship does not present the potential, actuality or appearance of a
				  conflict of interest.
iv. No person
				  shall influence, or attempt to influence or cause to be influenced, any
				  Authority officer or employee or special Authority officer or employee in his
				  or her official capacity in any manner which might tend to impair the
				  objectivity or independence of judgment of the officer or employee.
v. No person shall cause or influence, or
				  attempt to cause or influence, any Authority officer or employee or special
				  Authority officer or employee to use, or attempt to use, his or her official
				  position to secure unwarranted privileges or advantages for the person or any
				  other person.