N.J. Admin. Code § 19:32-1.8

Current through Register Vol. 57, No. 1, January 6, 2025

Section 19:32-1.8 - Debarment

(a) The district and its consultants or contractors shall not enter into a contract for work on the school facilities project with any person or firm who has been debarred, suspended, or disqualified from State, NJEDA, Authority, or Federal government contracting.

(b) The district shall insert in all contracts with all contracted parties, and all contractors and consultants shall insert into all of their contracts with all subconsultants and subcontractors, a clause stating that the contracted party, its subconsultants or contractors may be debarred, suspended, or disqualified from contracting and/or working on the school facilities project if the contracted party commits any of the acts listed at N.J.A.C. 19:38A-4.6 or any applicable regulation issued by the NJEDA or the Authority.

(c) The district's bid specification for any work on the school facilities projects shall require all bidders to submit a sworn statement by the bidder, or an officer or partner of the bidder, indicating whether or not the bidder is, at the time of the bid, included on the State Treasurer's, the NJEDA's, the Authority's, or the Federal government's List of Debarred, Suspended or Disqualified Bidders as a result of action taken by any State or Federal agency, as the case may be. Bid specifications for the school facilities project shall also state that the district shall immediately notify the State, the Authority, and the Office of the Attorney General in writing whenever it appears that a bidder is on the Treasurer's, the NJEDA's, the Authority's, or the Federal government's List. The State and the Authority reserve the right in such circumstances to immediately suspend such bidder from contracting and/or engaging in work on the school facilities project and to take such other action as it deems appropriate pursuant to N.J.A.C. 19:38A-4 or any applicable regulation issued by the NJEDA or the Authority.

(d) The district shall have a continuing and affirmative obligation, so long as the grant agreement is in effect to immediately notify the State and the Authority, in writing, whenever it obtains knowledge that any contracted party, subconsultant, or subcontractor is on the Treasurer's, the NJEDA's, the Authority's, or the Federal government's List of Debarred, Suspended or Disqualified Bidders. The State and the Authority reserve the right, in such circumstances, to immediately suspend such contracted party, subconsultant, or subcontractor from contracting and/or engaging in work on the school facilities project and to take such other action as it deems appropriate pursuant to N.J.A.C. 19:38A-4 or any applicable regulation issued by the NJEDA or the Authority.

N.J. Admin. Code § 19:32-1.8

Amended by 47 N.J.R. 2001(a), effective 8/3/2015

Amended by 55 N.J.R. 756(a), effective 4/17/2023