New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 32 - SCHOOL FACILITIES PROJECTS: SECTION 15 GRANT PROCEDURES › Subchapter 4 - UNDERTAKING THE SCHOOL FACILITIES PROJECT › Section 19:32-4.2 - Contract award and compliance

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The district
				  shall be responsible for the letting of contracts for the design, acquisition,
				  construction, and installation of the school facilities project, supervision of
				  design and construction, acceptance of the completed school facilities project,
				  or parts thereof, and all other matters incidental to performance of the duties
				  and powers expressly granted herein to be undertaken in connection with the
				  acquisition, construction, and completion of the school facilities project. The
				  district shall continually monitor its performance to assure that time
				  schedules are being met and that the completion of the school facilities
				  project will occur in a timely, efficient, and effective manner. In the event
				  of default of any contracted party under any contract, or in the event of a
				  breach of warranty with respect to any contract, the district shall reasonably
				  exhaust the remedies against the defaulting contracted party and against each
				  such surety for the performance of such contracts. The district shall
				  diligently prosecute or defend any action or proceeding, or take any other
				  action involving the contracted party, that the district deems reasonably
				  necessary.
(b) The district shall
				  obtain and maintain all licenses, certifications, authorizations, or any
				  documents required by all governmental authorities wherever necessary. The
				  district shall promptly notify the Authority and the Office of the Attorney
				  General, in writing of any disciplinary action against itself or, if it has
				  knowledge of, any contracted party or any change in the status of any license,
				  permit, or other authorization required for the school facilities
				  project.
(c) The district shall
				  award all contracts for the school facilities project in accordance with the
				  PSCL and the rules and regulations adopted pursuant thereto.
(d) All contractors engaged by the district
				  and subcontractors named in the four branches specified at N.J.S.A. 18A:18A-18
				  who perform any work on the school facilities project shall be prequalified
				  pursuant to the Authority prequalification process. Any contractor whose
				  contract amount is less than the bid threshold pursuant to N.J.S.A. 18A:18A-3
				  shall not be subject to the prequalification process for bidders on school
				  facilities projects pursuant to Section 59 of the Educational Facilities
				  Construction Financing Act, P.L. 2000, c. 72 (N.J.S.A.
				  18A:7G-33).
(e) All construction
				  contracts shall contain provisions that the contractor and subcontractor, as
				  applicable, shall comply with the New Jersey Prevailing Wage Act,
				  34:11-56.2 5 et seq. The district
				  shall not hire any contractor or subcontractor to perform any work for the
				  district who is listed or is on record in the Office of the Commissioner,
				  Department of Labor, as having failed to pay prevailing wages in accordance
				  with the provision of the New Jersey Prevailing Wage Act.
(f) All contracts shall contain provisions
				  that the contracted party shall comply with the antidiscrimination provisions
				  at N.J.S.A. 10:2-1 et seq., and the New Jersey Law Against Discrimination,
				  N.J.S.A. 10:5-1 et seq., and N.J.A.C. 17:27 and 6A:7-1.8. The district and its
				  contracted parties shall, in addition, agree by contract and guarantee to
				  afford equal opportunity in performance of the contracts in accordance with an
				  affirmative action program approved by the State Treasurer. During the design
				  and construction of the school facilities project, the district and the
				  contracted parties shall abide by the following provisions and shall provide in
				  any contracts provisions as follows:
1. The
				  district and its contracted parties shall not discriminate against any employee
				  or applicant for employment because of age, race, creed, color, national
				  origin, ancestry, marital status, affectional or sexual orientation, or sex.
				  The district and its contracted parties shall take affirmative action to ensure
				  that such applicants are recruited and employed, that employees are treated
				  during employment without regard to their age, race, creed, color, national
				  origin, ancestry, marital status, affectional or sexual orientation, or sex.
				  Such action shall include, but not be limited to, the following: employment,
				  upgrading, demotion or transfer; recruitment or recruitment advertising; layoff
				  or termination; rates of pay or other forms of compensation; and selection for
				  training, including apprenticeship. The district and its contracted parties
				  agree to post in conspicuous places, available to employees and applicants for
				  employment, notices to be provided by the contracting officer setting forth the
				  provisions of this nondiscrimination clause.
2. The district and its contracted parties
				  shall, in all solicitations or advertisements for employees placed by or on
				  behalf of the district and its contracted parties state that all qualified
				  applicants will receive consideration for employment without regard to age,
				  race, creed, color, national origin, ancestry, marital status, affectional or
				  sexual orientation, or sex.
3. The
				  district and its contracted parties shall send to each labor union or
				  representative of workers with whom they have a collective bargaining agreement
				  or other contract or understanding, a notice, to be provided by the district,
				  advising the labor union or workers representative of the district's and its
				  contracted parties' commitments under the grant agreement and shall post copies
				  of the notice in conspicuous places available to employees and applicants for
				  employment.