4. beyond lpcl

8/11/2019 4. Beyond LPCL

1/27


2/27

JAV 2


3/27

JAV 3

Equal Employment Opportunity (E.E.O.) in Public Contracts

Applicable To:

Primary Statutory/Regulatory Goods/Services Public Work/ Mandatory OptionalStatute Citation(s) Construction

N.J.S.A. 10:5-31 et seq.* N.J.A.C. 17:27-3.4** Yes Yes Yes No

Comments:

* The regulations are the Equal Employment Opportunity and Affirmative Action Rules, and apply to contracts in excess of the bid threshold.

** All public agencies shall include in any advertisement for the receipt of bids, solicitations and/or request for proposals specific language:Bidders are required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27.

For all contracts exempt from the receipt of public bids, all public agencies shall include certain language in their solicitations:

If awarded a contract your company/ firm shall be required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C.17:27.

Note:

The regulations also require certain language be included in bid specifications, request for proposals and contracts. (Please see the Rules).


4/27


5/27

JAV 5

Equal Employment Opportunity (E.E.O.) in Public Contracts Exhibit B

Applicable To:


N.J.S.A. 10:5-31 et seq. N.J.A.C. 17:27-3.6 & 17:27-3.8* No Yes Yes No

Comments:

* Exhibit B refers to the mandatory EEO/AA language that shall be included in all construction contracts awarded by a public agency.


6/27


7/27

JAV 7

Title II of The Americans With Disabilities Act of 1990

Applicable To:


42 U.S.C. S12101 et seq.* Yes Yes Yes** No

Comments:

* The public owner agrees that the provisions of the Act are made part of a contract.

** The Act prohibits discrimination on the basis of disability by public entities in all services, programs and activities provided or made available.In providing any aid, benefit, or service on behalf of the Owner pursuant to this contract, the contractor agrees that the performance shall be instrict compliance with the Act.


8/27

JAV 8

Non-Collusion

Applicable To:


N.J.S.A. 52:34-15 N.J.S.A. 52:34-15* Yes Yes No Yes**

Comments:

* The Non-Collusion Affidavit is used to ensure that the bidder has not participated in any collusion with any other bidder or public entityrepresentative, or otherwise taken any action in restraint of free and competitive bidding.

** A plain reading of the provision, and its location in the statutes (Title 52, State Government, Departments and Officers) would appear to applyonly to State agencies, but not local contracting units. Experience does indicate that many local contracting units do incorporate the law into their

specifications. Careful consideration should be given to whether the provision should be included in specifications.


9/27

JAV 9

New Jersey State Prevailing Wage Act

Applicable To:


N.J.S.A. 34:11-56.25 et seq.* N.J.A.C. 12:60-1.1 et seq. No Yes Yes Noand 12:60-2A.1**

Comments:

* The New Jersey State Prevailing Wage Act requires contractors on public work/ construction projects to adhere to all provisions of the Act.N.J.S.A. 34:11-56.27 and 34:11-56.28 are required contract provisions.

** The Rule applies to the payment of prevailing wages for off-site manufacturing, custom fabrication, or furnishing of materials, articles, supplies orequipment.


10/27

JAV 10

New Jersey State Prevailing Wage Act

LFN # Date Title

LFN 2007-12 6/4/07 Procurement Law Update - (See pp. 2-4, Prevailing Wage Law Issues)

LFN 2010-4 1/27/10 Review of New Local Procurement Laws - January 2010 - (See p. 6, #8, P.L. 2008, c. 249)


11/27

JAV 11

The Statement of Corporate Ownership

Applicable To:


N.J.S.A. 52:25-24.2 N.J.S.A. 52:25-24.2* Yes Yes Yes No(Chapter 33)

Comments:

* The Statement of Corporate Ownership (Stockholder Disclosure Certification) requires bidders to disclose whether they are a partnership,corporation or sole proprietorship. The form shall be signed and notarized. Failure of the bidder to submit the required information is cause forautomatic rejection of the bid. Please see N.J.S.A. 40A:11-23.2c. for further review.

Note:

Please refer to LFN AU 2002-3 (3/22/2002) for additional information.


12/27

JAV 12

The Statement of Corporate Ownership

LFN # Date Title

AU 2002-3 3/22/02 Contracting Law Related Attorney General Advice - Coverage of "Statement of Corporate Ownership"


13/27

JAV 13

New Jersey Business Registration of Public Contractors (BRC)

Applicable To:


N.J.S.A. 52:32-44 N.J.S.A. 52:32-44a (1) & (2)* Yes*** Yes*** Yes NoN.J.S.A. 52:32-44b and c**

Comments:

* The BRC is required for all contracts that exceed 15 percent of the contracting units bid threshold, either for an individual purchase, or when the15 percent threshold is exceeded through aggregate purchases with the same contractor. [52:32-44a (1) & (2)]

** A bidder shall file with the contracting agency the contractors BRC and that of any named subcontractor prior to the time a contract, purchaseorder, or other contracting document is awarded or authorized. In the case of a construction contract, subcontractor shall mean only those

subcontractors who are required by law to be named in the submission of a bid. No other subcontractor, regardless of the trade or work, is required tosubmit a BRC for construction contracts. (52:32-44b)

** The responsibility of reporting on contracts for goods and services remains unchanged. Subcontractors that knowingly enter into a contract toprovide goods or services to the contracting unit or through a contractor under contract with a contracting unit, are required to provide a BRC to thecontractor and the contractor is to provide a copy to the contracting unit prior to the time a contract, purchase order, or other contracting document isawarded or authorized; or the contractor shall attest that no subcontractors are going to be used. Contractors may be subject to an audit by theDivision of Taxation to ensure compliance with this element. (52:32-44c)


14/27

JAV 14

** The law provides an option for the contracting unit to obtain the BRC through the States computerized online system if the contractor providessufficient information that allows the contracting agency to verify proof of business registration. The contractor must provide the trade name (at leastthe first four letters) and either the Federal Employer Identification Number (FEIN) or the Business Entity ID in order to use the online system.(52:32-44b)

*** The contracting agency shall include certain language in each bid specification, purchase order or other contracting document for non-construction contracts, as well as construction contracts. (52:32-44e)

Note:

The definition of the term, business organization, does not include a government agency or organization organized as a nonprofit entity under 26U.S.C. sec. 501(c). (52:32-44a)


15/27


16/27

JAV 16

The Public Works Contractor Registration Act

Applicable To:


N.J.S.A. 34:11-56.48 et seq.* N.J.A.C. 12:62-1.1 et seq. No Yes Yes Noand 12:62-2.1 et seq.

Comments:

* N.J.S.A. 34:11-56.48 et seq. requires that a general or prime contractor and any named subcontractors listed in the contractors bid proposal shallpossess a certificate at the time the bid proposal is submitted. After bid proposals are received and prior to award of contract, the successfulcontractor shall submit a copy of the contractors certification along with those of all named subcontractors. All non-listed subcontractors andlower tier sub-subcontractors shall be registered prior to starting work on the project. It should be the general contractors responsibility that all

non-listed subcontractors at any tier have their certificate prior to starting work on the job.

Note:

While the entire statute should be carefully reviewed, please pay particular attention to N.J.S.A. 34:11-56.51 and 34:11-56.55.


17/27

JAV 17

The Public Works Contractor Registration Act

LFN # Date Title

LFN 2004-9 4/28/04 Changes to the Public Works Contractor Registration Act


18/27

JAV 18

Project Labor Agreements

Applicable To:


N.J.S.A. 52:38-1 et seq.* N.J.S.A. 52:38-3 No Yes** No Yes***

Comments:

* Project labor agreement means a form of pre-hire collective bargaining agreement covering terms and conditions of a specific project.

** Public works project means any public works project for the construction, reconstruction, demolition or renovation of buildings at the publicexpense, other than pumping stations or water or sewage treatment plants, for which:(1) It is required by law that workers be paid the prevailing wage pursuant to the provisions of the New Jersey Prevailing Wage Act.(2) The public entity estimates that the total cost of the project exclusive of any land acquisition costs, will equal or exceed $5 million.

*** A public entity may include a project labor agreement in a public works project on a project-by-project basis, if (N.J.S.A. 52:38-3)


19/27

JAV 19

Prompt Payment of Construction Contracts

Applicable To:


N.J.S.A. 2A:30A-1 et seq. N.J.S.A. 2A:30A-2f* No Yes Yes** No

Comments:

* All contracts for the improvement of structures entered into between owners, prime contractors, subcontractors or sub-subcontractors shall providethat disputes regarding whether a party has failed to make payments may be submitted to a process of alternative dispute resolution (ADR).

** A local entity may wish to follow a conservative approach, and include appropriate language in its bid specifications to address the application ofADR.


20/27

JAV 20

Prompt Payment of Construction Contracts

LFN # Date Title

LFN 2006-21 11/1/06 Prompt Payment of Construction Contracts - P.L. 2006, c. 96


21/27

JAV 21

New Jersey Worker and Community Right to Know Act (RTK)

Applicable To:


N.J.S.A. 34:5A-1 et seq.* N.J.A.C. 8:59-1 et seq.** Yes Yes Yes No

Comments:

* New Jersey manufacturers or suppliers of chemical substances or mixtures shall label them in accordance with the law. To obtain containers withNJ RTK labeling for products manufactured outside of New Jersey, a bid specification can include a clause requiring New Jerseys RTK as a termor condition of the contract.

** Material Safety and Data Sheets (MSDS) provide information regarding a potential contractors safety program.


22/27

JAV 22

New Jersey Underground Facility Protection Act

Applicable To:


N.J.S.A. 48:2-73 et seq.* N.J.A.C. 14:2-1 et seq. No Yes Yes No

Comments:

* Any permit or permission for a road opening, building, blasting, demolition or excavation granted by a public entity to an excavator that will resultin excavation or demolition activity shall not be effective until the excavator provides proof to the public entity that the excavator has notified theOne-Call Damage Prevention System. The proof may be provided by supplying the public entity with the confirmation number assigned to thenotice of intent.

Note:

State law requires that anyone planning to excavate call for a free mark out of facilities not less than three (3) business days or more than ten (10)business days in advance before any project digging. The Board of Public Utilities has established rigorous standards for the mark out ofunderground facilities and aggressive pursuit of violators of the law. Anyone who fails to call for a mark out and damages underground facilitiescan be liable for the cost of repair and civil penalties. For more information you can visit the New Jersey One-Call web site atwww.nj1-call.orgor call 1-800-272-1000.
http://www.nj1-call.org/http://www.nj1-call.org/http://www.nj1-call.org/http://www.nj1-call.org/


23/27

JAV 23

The State Plumbing License Law of 1968

Applicable To:


N.J.S.A. 45:14C-1 et seq. N.J.S.A. 45:14C-2(h)* No Yes Yes No

N.J.A.C. 13:32-1.4 et seq.

Comments:* (h) Plumbing contractor means any licensed master plumber, firm, partnership, corporation or other legal entity which undertakes or offers to

undertake for another the planning, laying out, supervising, installing or making of additions, alterations and repairs in the installation ofplumbing. In order to act as a plumbing contractor, a licensed master plumber shall be the holder of not less than 10% of the issued andoutstanding shares of stock in the corporation, or not less than 10% of the capital of the partnership, or not less than 10% of the ownership of anyother firm or legal entity engaging in the business of plumbing contracting in the State and shall employ either journeymen plumbers or apprentice

plumbers or both.

The statutory and regulatory provisions specifically limit the ability of a licensed master plumber to be utilized as a company employee and applyfor a plumbing permit, unless that licensed master plumber holds not less than 10% of the issued corporate stock, or 10% of the capital of apartnership.


24/27


25/27

JAV 25

Plan or Design Immunity

(Conditions of Public Property Liability of the Public Entity)

Applicable To:


N.J.S.A. 59:4-1 et seq.* N.J.S.A. 59:4-6 No Yes No Yes

Comments:

* Similar following language should be considered for inclusion in all resolutions awarding construction contracts. Failure to include such languagecould possibly result in the loss of plan or design immunity protection provided by the law. Sample language is as follows:

The governing body of [public entity] specifically approves the bid specifications, designs and plans, prepared inconnection with the construction of [name of project].


26/27

JAV 26

Reporting to the Office of the State Comptroller (OSC)

(Vendor Maintenance of Documentation)

Applicable To:


N.J.S.A.52:15C-10 N.J.A.C. 17:44-2.2* Yes See Notebelow Yes No

Comments:

* The regulation requires contracting agencies to insert the following language into all contracts and purchase orders including those issued to anational or regional cooperative or other states, or political subdivisions thereof:

The vendor shall maintain all documentation related to products, transactions or services under this contract for aperiod of five years from the date of final payment. Such records shall be made available to the New Jersey Officeof the State Comptroller upon request.

Note:

As of April 2012, the use of national cooperative contracts does not apply to public works or construction contracts.


27/27

JAV 27

New Jersey Local Unit Pay-to-Play Law

LFN # Date Title

LFN 2005-30 11/14/05 Implementing the Local Unit Pay-to-Play Law

LFN 2005-32 12/20/05 Pay-to-Play Update - Additional Guidance

LFN 2006-1 1/11/06 New Pay-to-Play Law Affecting Local Units, January 5, 2006 - P.L. 2005, c. 271

LFN 2006-7 3/7/06 Pay-to-Play Laws Update, March 2006

LFN 2007-12 6/4/07 Procurement Law Update - (See p. 2, Pay-to-Play Regulation Update "Section 3" Report andp. 8, Section 3 - Annual ELEC Filing)

4. beyond lpcl

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