N.J. Admin. Code § 19:34B-6.1

Current through Register Vol. 56, No. 11, June 3, 2024

Section 19:34B-6.1 - General requirements for district procurements

(a) Upon the Authority's issuance to the school district of an authorization to proceed with the engagement of a contractor or consultant, the district shall proceed to engage the contractor or consultant to undertake work or services for the school facilities project. Payment by the district for any work or services performed by a contractor or consultant prior to the Authority's written approval for the engagement of the contractor or consultant shall be at the risk of the district and the contractor or consultant.

(b) The district shall procure and award all contracts for the school facilities project in accordance with 52:15C-10 and the PSCL and the rules issued pursuant thereto. The district shall utilize the bid specifications prepared by the Authority in the procurement of contracts for the school facilities project, as well as any contract documents or contract provisions required by the Authority as indicated in these regulations or the grant agreement.

(c) The district shall provide notices to the State Comptroller pursuant to the requirements of 52:15C-10 concerning the timing of the procurement process relative to the award of contracts.

(d) When procuring contracts pursuant to a delegable portion of a school facilities project, the district shall designate a portion of the contract amount to be set aside for award to subcontractors who qualify as small business enterprises, in accordance with the PSCL, N.J.S.A. 18A:18-52(c) and 18A:18-53, and the Set Aside Act, 52:32-17 et seq. This set-aside goal shall be attained by including language in the contract requiring the contracted party to award a 25 percent portion of the contract amount to subcontractors or subconsultants constituting "small businesses" or "small business enterprises" as defined by N.J.S.A. 18A:18-51(d), 52:32-19 and 17:14-1.2. The 25 percent portion of the contract shall be allocated among several subcontractors of various levels in accordance with the requirements of 17:14-4.1(a). The district shall require the contracted party to make a good faith effort to comply with the set-aside requirement, and the contracted party's compliance with this set-aside requirement shall be monitored by the Authority for good faith compliance.

N.J. Admin. Code § 19:34B-6.1