N.J. Admin. Code § 19:38A-4.7

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

Section 19:38A-4.7 - Effect of debarment or suspension

(a) Any firm which has been debarred or suspended is precluded during the period of debarment or suspension from bidding on, proposing on, or entering any contract or subcontract for a school facilities project or pre-development activity managed or funded by the Authority, and from providing any goods or services on any school facilities project or pre-development activity managed or funded by the Authority; provided, however, that in its sole discretion, the Authority or school district, as appropriate, may permit the firm to complete some or all of its existing school contracts when doing so is in the public interest.

(b) Debarment shall be for a reasonable, definitely stated period of time, which as a general rule shall not exceed five years. Debarment for an additional period shall be permitted provided that notice thereof is furnished and the firm is afforded an opportunity to present information in its behalf to explain why the additional period of debarment should not be imposed.

(c) Debarment may include all known affiliates of a firm, provided that each decision to include an affiliate is made on a case by case basis after giving due regard to all relevant facts and circumstances.

(d) Except as otherwise provided by law, a debarment may be removed or the period thereof may be reduced at the discretion of the Authority upon the submission of a good faith application under oath, supported by documentary evidence, setting forth substantial and appropriate grounds for the granting of relief, such as newly discovered material evidence; reversal of a conviction or judgment; actual change of ownership, management, or control; or the elimination of the causes for which the debarment was imposed.

N.J. Admin. Code § 19:38A-4.7

Amended by R.2014 d.002, effective 1/6/2014.
See: 45 N.J.R. 1597(a), 46 N.J.R. 134(a).
Substituted "Authority" for "Corporation" throughout; and, in (a), inserted a comma following "proposing on".