N.J. Admin. Code § 16:44-11.1

Current through Register Vol. 56, No. 12, June 17, 2024

Section 16:44-11.1 - Causes for debarment

(a) In the public interest, the Department may 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. Civil or criminal violation of the Federal Organized Crime Control Act of 1970 or the New Jersey Racketeering Influenced and Corrupt Organizations Act, 2C:41-1 et seq., 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, State of New Jersey, or any state antitrust statutes, or of the Federal Anti-Kickback Act ( 18 U.S.C. § 874 );

4. Violation of any of the laws governing the conduct of elections of the Federal government, State of New Jersey, or any state or of its political subdivisions;

5. Violation of the "Law Against Discrimination" (10:5-1 et seq.), 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 (10:1-10 et 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 the Department to warrant debarment, including such conduct as may be prescribed 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; and

13. Debarment or disqualification by any other agency of government.

(b) In the public interest, the Department may debar a contractor for violation of any of the following prohibitions on contractor activities or for breach of any of the following obligations:

1. No contractor 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 State officer 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 contractor 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.

2. 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 from any State contractor shall be reported in writing forthwith by the contractor to the Attorney General and the State Ethics Commission.

3. No contractor 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 contractor to, any 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 is employed or associated or in which he has an interest within the meaning of N.J.S.A. 52:13D-13g.

4. Any relationship subject to the provisions of (b)3 above 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.

5. No contractor shall 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, which might tend to impair the objectivity or independence of judgment of said officer or employee.

6. No contractor shall 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 contractor or any other person.

7. The provisions cited in (b)1 through 6 above shall not be construed to prohibit a State officer or employee or special State officer or employee from receiving gifts from or contracting with contractors under the same terms and conditions as are offered or made available to members of the general public subject to any guidelines promulgated by the State Ethics Commission.

N.J. Admin. Code § 16:44-11.1

Amended by R.1990 d.429, effective 9/4/1990.
See: 22 N.J.R. 1898(a), 22 N.J.R. 2750(a).
Debarment requirements added at (b).
Recodified from 16:44-8.2 by R.1994 d.198, effective 4/18/1994.
See: 25 N.J.R. 4727(a), 26 N.J.R. 1690(b).
Former text at 16:44-8.1, Definitions, repealed. Previously amended by R.1990 d.429. See: 22 N.J.R. 2750(a).
Amended by R.2004 d.342, effective 9/7/2004.
See: 36 N.J.R. 1659(a), 36 N.J.R. 4155(b).
Rewrote the section.
Recodified from N.J.A.C. 16:44-8.1 and amended by R.2010 d.122, effective 6/21/2010.
See: 41 N.J.R. 3387(a), 42 N.J.R. 1239(a).
In the introductory paragraph of (a), inserted "a"; in (a)2, substituted "Organized" for "Organization", "Racketeering" for "Racketeer" and "or" for "for" following "integrity", and deleted a comma following "justice"; in (a)3, substituted "§ 874" for "§ 874, 40 U.S.C. § 276b, c"; in (a)5, deleted "P.L. 1945, c.169," preceding and ", as supplemented by P.L. 1975, c.127" following "N.J.S.A. 10:5-1 et seq." and "P.L. 1942, c.114," preceding "N.J.S.A. 10:1-10 et seq."; in (b), substituted "contractor" for "vendor" throughout; in (b)1, deleted a comma following "offer to pay", "gratuity" and "firm", and inserted "the" preceding "Treasury"; in (b)2, (b)4 and (b)7, substituted "State Ethics Commission" for "Executive Commission on Ethical Standards"; in (b)5, inserted a comma following "manner"; and in (b)7, substituted "contractors" for "vendors".