N.J. Admin. Code § 17:12-4.8

Current through Register Vol. 56, No. 21, November 4, 2024

Section 17:12-4.8 - Effect of contractor non-compliance with contract provisions

(a) The Director may, in the following circumstances, terminate the State contract with a non-complying contractor and immediately purchase or direct the using agency to purchase goods or obtain services from another source and charge the defaulting contractor the difference in price, if any:

1. Refusal of a non-complying contractor to bring goods or services into compliance in the time or manner specified by the Director or CCAU;

2. Refusal of a contractor to answer inquiries by the Division or failure of a contractor to respond to a formal complaint within 10 business days of receipt or prior to the deadline specified in CCAU's notice of complaint, as mandated in 17:12-4.4(b);

3. Rejection of goods under 17:12-4.6.

(b) The Director may, upon continued or willful failure to perform, suspend or debar the contractor pursuant to N.J.A.C. 17:12-6.

N.J. Admin. Code § 17:12-4.8

Recodified from N.J.A.C. 17:12-4.6 and amended by R.1999 d.407, effective 11/15/1999.
See: 31 N.J.R. 2301(a), 31 N.J.R. 3742(b).
Rewrote the section. Former N.J.A.C. 17:12-4.8, Causes for by-pass of low bidder, recodified to N.J.A.C. 17:12-2.8.
Amended by R.2005 d.128, effective 4/18/2005.
See: 36 N.J.R. 5230(a), 37 N.J.R. 1218(a).
In (a), substituted "the State" for "its".
Amended by R.2012 d.074, effective 4/2/2012.
See: 43 N.J.R. 3308(a), 44 N.J.R. 1143(b).
Section was "Effect of vendor non-compliance with contract provisions". In the introductory paragraph of (a), substituted "terminate" for "rescind"; and in (a)2, inserted "business" and "or prior to the deadline specified in CCAU's notice of complaint,".