New Jersey Administrative Code › Title 17 - TREASURY - GENERAL › Chapter 13 - SMALL BUSINESSES SET-ASIDE AND VETERAN-OWNED BUSINESS REGISTRATION › Subchapter 1 - PURPOSE, SCOPE AND DEFINITIONS › Section 17:13-1.2 - 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.
"Bidder" means any individual or business entity submitting a
				  proposal, quotation, or other offer to do business with the State of New
				  Jersey.
"Bidding threshold" means the dollar limit placed on all
				  public contracting agencies pursuant to
				  52:34-7 to establish when public
				  advertisement of bids is required.
"Construction contract" means any contract to which the State
				  or any State contracting agency is a party involving any construction,
				  renovation, reconstruction, rehabilitation, alteration, conversion, extension,
				  or demolition of or repair or other changes or improvements of any kind
				  whatsoever to any State public structure or facility. The term also includes
				  contracts for consultant services, supervision, inspection, and other functions
				  incidental to actual construction.
"Consultant" means an architect, engineer, construction
				  manager, or other provider of technical and professional services in support of
				  the design or construction project.
"Contractor" means any party under contract or agreement to
				  provide goods and services, or design and/or construction services to the State
				  of New Jersey.
"Cooperative purchasing" means an extension of certain State
				  contracts awarded by the Division of Purchase and Property for the use of
				  either local governing authorities, pursuant to
				  52:25-16.1 et seq., volunteer fire
				  departments, volunteer first aid squads and rescue squads, pursuant to
				  52:25-16.2, county colleges,
				  pursuant to
				  18A:64A-25.9(b),
				  State colleges, pursuant to
				  18A:64-60, or quasi-State
				  agencies, pursuant to
				  52:27B-56.1. Such an award is made
				  as an adjunct to an award of a contract for State agency purchases.
"Delegated purchasing authority" means the authority of a
				  State agency to award contracts below the bid threshold amount pursuant to
				  authority delegated by the Director, Division of Purchase and Property (See
				  N.J.S.A.
				  52:25-23 ) or for construction contracts
				  pursuant to the authority delegated by the Director, Division of Property
				  Management and Construction.
"Director" means the head of the Division of Revenue and
				  Enterprise Services in the Department of the Treasury.
"Division of Property Management and Construction" or "DPMC"
				  means the State agency within the Department of the Treasury, which provides a
				  centralized design and construction contract procurement and administration
				  service for other State agencies pursuant to
				  N.J.S.A.
				  52:18A-151 et seq.
"Division of Purchase and Property" means the State agency
				  within the Department of the Treasury which provides centralized procurement of
				  goods and services for Executive Branch State agencies, pursuant to N.J.S.A.
				  52:27B-56.
"Division of Revenue and Enterprise Services" or "Division"
				  means the Division in the Department of the Treasury that administers the
				  registration of small business enterprises.
"Goal" means the statutorily determined percentage of
				  contracting dollars awarded by each State contracting agency to small
				  businesses in order to comply with the small business provisions of the
				  Set-Aside Act. It further means the percentage of State contracting dollars
				  that the State contracting agency makes a good faith effort to award to small
				  businesses under Executive Order No. 84 (2006).
"Invitation for Bids" or "IFB" means the document issued by a
				  State contracting agency to initiate an advertised bidding and contract award
				  process, and includes Requests for Proposals (RFPs) and Requests for Quotations
				  (RFQs). The IFB establishes the contract's terms and conditions, the product
				  and/or service specifications, and the bidding eligibility to businesses
				  approved as small business entities.
"Line item contract" means an award in which a specific
				  one-time purchase of goods or services is established.
"Multi-source contract" means a term contract awarded by the
				  Division of Purchase and Property wherein more than one vendor is awarded a
				  contract in accordance with the provisions of
				  52:34-12.1.
"Premier Business Services" means online business services
				  provided via the State's business website at
www.newjerseybusiness.gov
, which
				  include tax filing and payment services for which a business must register as
				  part of its small business application.
"Registration" means the process by which any small business
				  or veteran-owned business can have its eligibility for participation in the
				  Division's small business programs determined.
"Request for Proposals" or "RFP" means the document issued by
				  a State contracting agency to initiate an advertised bidding and contract award
				  process. (See the definition of "Invitation for Bids")
"Set-Aside Act" means the New Jersey Set-Aside Act for Small
				  Businesses, Female Businesses, and Minority Businesses, P.L. 1983, c. 482;
				  52:32-17 et seq.
"Set-aside contract," for the purposes of construing and
				  applying the rules in this chapter only, means a contract, specifically
				  designated by a contracting agency, in whole or in part, for award to a small
				  business either at a prime or subcontract level.
"Small business" means a business, which has its principal
				  place of business in the State; is independently owned and operated; has no
				  more than 100 full-time employees (35 hours or more, not including seasonal and
				  part-time employees employed for less than 90 days, if seasonal and casual
				  part-time employment are common to that industry, and consultants employed
				  under other contracts not related to the goods and services which are the
				  subject of the specific contract for which the business wants to be eligible as
				  a small business) and for goods and services contracts, has gross revenues that
				  do not exceed $ 12 million or the applicable Federal revenue standards
				  established at
				  13
				  CFR 121.201, incorporated herein by
				  reference, as may be adjusted periodically (see
				  www.sba.gov/tools/resourcelibrary/laws_and_regulations/index.html [File Link
				  Not Available]), and satisfies any additional eligibility standards under this
				  chapter. For design and construction contracts, has gross revenues that do not
				  exceed $ 3 million, or 50 percent of the applicable annual revenue standards
				  set forth in Federal regulation at
				  13
				  CFR 121.201 (see
				  www.sba.gov/tools/resourcelibrary/laws_and_regulations/index.html [File Link
				  Not Available]) or whose gross revenues do not exceed the applicable annual
				  revenue standards set forth in Federal regulation at
				  13
				  CFR 121.201, as may be adjusted
				  periodically.
"Small business database" means the State database that lists
				  small business and is available for use by State contracting agencies and
				  others in confirming eligibility for set-aside contracts and subcontracts and
				  in reporting progress toward established contract award goals.
"Small Business Set-Aside Unit" or "Unit" means the section
				  in the Department of the Treasury, which provides oversight and direction for
				  the small-business set-aside program for the State of New Jersey.
"State contracting agency" or "contracting agency" means any
				  board, commission, committee, authority, division, department, college, or
				  university of the State, which possesses the legal authority to enter into or
				  award contracts for goods and services or design and construction contracts. A
				  list of State contracting agencies shall be maintained at
www.newjerseybusiness.gov
, and
				  updated as necessary to reflect the addition or elimination of agencies.
"Subcontractor" means a third party that is engaged by a
				  contractor to perform all or part of the goods, services, or construction
				  services included in a contract with the State.
"Target" means the numerical objectives which a State
				  contracting agency establishes, on a contract by contract basis, in order to
				  meet its small business goal.
"Term contract" means an award made by a State contracting
				  agency in which a source of supply for a product or service is established for
				  a specific period of time. A term contract is generally applied when a State
				  contracting agency:
1. Establishes a fixed unit price, hourly rate, or discount
				  for items to be purchased thereunder;
2. Provides for some estimated dollar volume or minimum
				  quantities to be purchased; or
3. Provides for the rebidding of any single purchase which
				  exceeds a specified maximum amount.
"Treasurer" means the Treasurer of the State of New Jersey or
				  his or her designee.
"Vendor Registration Form" means the form available on the
				  State's website, http://www.njportal.com/DORE/SBERegistry/ [File Link Not
				  Available] that a business completes when applying to the Division to register
				  as a small business under this chapter.
"Veteran" means any citizen and resident of this State
				  honorably discharged, or released under honorable circumstances, who served in
				  any branch of the Armed Forces of the United States or a Reserve component
				  thereof for at least 90 days and shall include disabled veterans.
"Veteran-owned business" means a business, as defined in
				  N.J.S.A.
				  52:32-49 et seq., which has its principal
				  place of business in the State, is independently owned and operated, and not
				  less than 51 percent of the business is owned by one or more veterans; and the
				  management and daily business operations of which are controlled by one or more
				  veterans.
"Waiver of advertising" means a contract award process
				  authorized by
				  N.J.S.A.
				  52:34-9 and
				  52:34-10, which does not require
				  public advertisement and which is subject to approval by the State
				  Treasurer.