New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 5 - DEBARMENT, SUSPENSION, AND DISQUALIFICATION OF PERSONS › Section 16:72-5.2 - Causes for debarment of a person(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the public interest, NJ TRANSIT shall
				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. 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, 40 U.S.C. 276 b, c);
4. Violations of any of the laws governing
				the conduct of elections of the Federal government, the State of New Jersey, or
				of its political subdivisions;
5.
				Violation of the Law Against Discrimination, P.L. 1945, c. 169, as amended
				(N.J.S.A. 10:5-1et
				seq.), or of the act banning discrimination in public works employment
				(N.J.S.A.
				10:2-1et seq.) or of the act prohibiting
				discrimination by industries engaged in defense work in the employment of
				persons therein ( P.L. 1942, c. 114,
				N.J.S.A.
				10:1-10et 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 NJ TRANSIT to warrant debarment, including such conduct as may be
				proscribed 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;
13. Debarment by some
				other department or agency in the executive branch;
14. Any offer or agreement by a vendor to pay
				or to make payment of, either directly or indirectly, any fee, commission,
				compensation, gift, gratuity, or other thing of value of any kind to any State
				office or employee or special State officer or employee as defined by N.J.S.A.
				52:13D-13b and e, in the Department of the Treasury or any other agency with
				which such vendor 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 any 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;
15. Failure by a vendor to report to the
				Attorney General and to the State Ethics Commission in writing forthwith the
				solicitation of any fee, commission, compensation, gift, gratuity, or other
				thing of value by any State officer or employee or special State officer or
				employee;
16. Failure by a vendor
				to report in writing forthwith or failure to obtain a waiver from the State
				Ethics Commission, who may undertake, directly or indirectly, of any private
				business, commercial or entrepreneurial relationship with, whether or not
				pursuant to employment, contract, or other agreement, express or implied, or
				sale, directly or indirectly of any interest in such vendor to, any State
				officer or employee or special State officer or employee or special State
				officer or employee having any duties or responsibilities in connection with
				the purchase, acquisition, or sale of any property or services by, or to, any
				State agency or any instrumentality thereof, 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-13.g. Any relationship subject to this
				paragraph shall be reported in writing forthwith to the State Ethics
				Commission, which may grant a waiver of this restriction upon application of
				the State officer or employee or special State 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;
17. Influence, or attempt to influence or
				cause to be influenced, any State officer or employee or special State officer
				or employee in his or her official capacity in any manner that might tend to
				impair the objectivity or independence of judgment of said officer or employee;
				or
18. Cause or influence, or
				attempt to cause or influence, any State officer or employee or special State
				officer or employee to use, or attempt to use, his or her official position to
				secure unwarranted privileges or advantages for the vendor or any other
				person.