N.J. Admin. Code § 19:39-1.2
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:
"Abbott district" means an Abbot district as defined in section 3 of P.L. 1996, c. 138 (N.J.S.A. 18A:7F-3).
"Act" means the Educational Facilities Construction and Financing Act, P.L. 2000, c. 72 (N.J.S.A. 18A:7G-1 et seq.), P.L. 2007, c. 137, and P.L. 2008, c. 39.
"Affirmative action" whether used separately, or in combination with other words or phrases (including, but not limited to, "program," "equal employment opportunity," and "EEO/AA"), means good faith steps taken to ensure equal opportunity employment for women and minority workers, but does not include, employment quota, except where otherwise permitted and appropriate under applicable law.
"Affirmative action plan" means an outline of the steps a contractor or vendor will implement to achieve equal employment opportunity and affirmative action and/or to correct its equal employment and affirmative action deficiencies.
"Affirmative action program" means a program that complies with the provisions at N.J.A.C. 17:274 or 6.
"Authority" or "SDA" means the New Jersey Schools Development Authority, established pursuant to section 3 of P.L. 2007, c. 137 (N.J.S.A. 52:18A-235 et seq.), the successor entity to the New Jersey Schools Construction Corporation. The Authority is statutorily charged with undertaking and funding school facilities projects, pursuant to the Act.
"Certificate of Employee Information Report" means the certificate issued by the Division upon the initial receipt of a properly completed employee information report from a vendor, including professional services contractors.
"Certified payroll report" means the form completed by the construction contractor awarded a contract by the Authority that indicates the race, gender and hours worked by each tradesperson during a pay period, certified by the construction contractor.
"Compliance inspector" means an employee of the Authority who is responsible for monitoring compliance with this chapter.
"Construction contract" means any contract between a firm and the Authority for the construction of a school facilities project, and includes contracts procured pursuant to N.J.A.C. 19:36, 19:38, or 19:38B.
"Construction contractor" means a firm that enters into or offers to enter into a construction contract with the Authority.
"Contract" means the entire and integrated agreement between a firm and the Authority.
"Contractor" means a firm that enters into, or offers to enter into, a construction or goods and services contract with the Authority. The term also includes consultants, non-profits, and providers of professional services.
"Department" means the Department of Labor and Workforce Development, Construction Equal Opportunity Monitoring Program. The Department is responsible for monitoring the EEO/AA compliance of construction contractors.
"Disabled veteran-owned business" or "DVOB" means a business that has its principal place of business in the State, is independently owned and operated, and at least 51 percent of which is owned and controlled by persons who are disabled veterans or a business that has its principal place of business in this State and has been officially verified by the United States Department of Veterans' Affairs as a service disabled veteran-owned business for the purposes of Federal contracts pursuant to Federal law.
"Disabled veterans' business set-aside contract" means a contract for goods, equipment, construction, or services that is designated as a contract with respect to which bids are invited and accepted only from disabled veterans' businesses, or a portion of a contract when that portion has been so designated.
"Division" means the Division of Purchase and Property Contracts Compliance Audit Unit, Equal Employment Opportunity/Affirmative Action Monitoring Program, established in the State of New Jersey, Department of the Treasury, or successor entity. The Division is responsible for monitoring the EEO/AA compliance of goods and services (including professional services) vendors and public agencies, respectively.
"Employee Information Report" means the Division form that provides a breakdown of the goods and services contractor's workforce.
"Firm" means any association, company, contractor, corporation, joint stock company, limited liability company, partnership, sole proprietorship, or other business entity, including their assignees, lessees, receivers, or trustees.
"Good faith" means with respect to goods and services contractors' obligations pursuant to N.J.A.C. 19:39-2.3, the actions set forth at N.J.A.C. 19:39-2.3(c); with respect to construction contractors' obligations pursuant to N.J.A.C. 19:39-2.4, the actions set forth at N.J.A.C. 19:39-2.4(b); with respect to contractors' obligations pursuant to N.J.A.C. 19:39-2.5, the actions set forth at N.J.A.C. 19:39-2.7; and, with respect to contractors' obligations pursuant to N.J.A.C. 19:39-2.6, the actions set forth at N.J.A.C. 19:39-2.8.
"Goods and services contract" means any contract entered into by the Authority for fixtures, furnishings, equipment, and any other tangible items, and/or professional, technical, or other types of services, in accordance with N.J.A.C. 19:38D and/or 19:38C. For purposes of this definition, "goods and services" shall not include construction services and materials in connection with a construction contract.
"Goods and services contractor" means a firm that enters into or offers to enter into a goods and services contract with the Authority.
"Initial Project Workforce Form" means SDA's Form AA-201, which is filed by the construction contractor and provides a projected breakdown of the number of all workers per trade and of minorities and women on a construction project.
"Minority-owned business enterprise" or "MBE" means a business that is certified as a minority-owned business enterprise by the New Jersey Department of the Treasury, Division of Revenue and Enterprise Services or successor entity.
"Minority worker" means any worker as defined by the New Jersey Department of Treasury rule N.J.A.C. 17:27-2.1.
"Monthly Workforce Tracking Report" means SDA's Form AA-202, which provides an analysis of a contractor's and its subcontractors' workforce.
"Performance evaluation" means the Act-mandated uniform performance evaluation of construction or goods and services contractors on all school facilities projects that must be utilized in reviewing bid submissions.
"SBE DVOB Participation Form" means the SDA form completed by a contractor awarded a contract by the Authority that lists all of the SBEs and DVOBs that will participate in the contract, including scope of work, actual dollar amount, and percent of total contract to be performed.
"SBE DVOB Confirmation Form" means the SDA form completed by a proposed subcontractor or goods and services provider that has been named in a construction or goods and services contractor's SBE DVOB Participation Form, which identifies the subcontractor or goods and services provider as a proposed SBE or DVOB on said school facilities project, specifies the subcontract bid amount, and attaches a current and valid copy of that subcontractor's or goods and services provider's SBE or DVOB registration form issued by the Department of the Treasury, Division of Revenue and Enterprise Services, or successor agency.
"SBE Form A--Schedule of Participation" or "Form A" means the form completed by the construction contractor awarded a contract by the Authority that lists all of the SBEs that will participate in the contract, including scope of work, actual dollar amount and percent of total contract to be performed.
"SBE Form B--Schedule of Participation" or "Form B" means the form completed by a goods and services contractor awarded a contract by the Authority that lists all of the SBEs that will participate in the contract, including the scope of work, actual dollar amount and percent of total contract to be performed.
"SBE Form C--Confirmation Statement of SBE Status" or "Form C" means the form completed by a proposed subcontractor or goods and services provider that has been named in a construction or goods and services contractor's Form A or Form B, respectively, which identifies the subcontractor or goods and services provider as a proposed SBE on said school facilities project, specifies the subcontract bid amount and attaches a current and valid copy of that subcontractor's or goods and services provider's SBE registration form issued by the Department of the Treasury, Division of Revenue and Enterprise Services, or successor agency.
"School construction program" means the program of school facilities projects and related activities undertaken by the SDA pursuant to the Act.
"School facilities project" means the planning, acquisition, demolition, construction, improvement, alteration, modernization, renovation, reconstruction or capital maintenance of all or any part of a school facility or of any other personal property necessary for, or ancillary to, any school facility and shall include fixtures, furnishings and equipment, and shall also include, but is not limited to, site acquisition, site development, the services of design professionals, such as engineers and architects, construction management, legal services, financing costs and administrative costs and expenses incurred in connection with the project.
"SDA district" means a school district that received education opportunity aid or preschool expansion aid in the 2007-2008 school year, as defined at P.L. 2007, c. 260 (N.J.S.A. 18A:7G-3).
"Small business enterprise" or "SBE" means a business that is registered as a small business enterprise with the New Jersey Department of the Treasury, Division of Revenue and Enterprise Services, or successor entity.
"Subcontractor" means a third party that is engaged by a contractor to perform, pursuant to a subcontract, all or part of the work included in a public agency contract.
"Subcontractor Projection Form" or "Form AA201a" means the SDA form completed by the construction contractor awarded a contract by the Authority that provides information concerning each of the subcontractors that will participate in the contract, including a Federal identification number and status as an MBE, WBE, and/or SBE.
"Women-owned business enterprise" or "WBE" means a business that is certified as a women-owned business enterprise by the New Jersey Department of the Treasury, Division of Revenue and Enterprise Services, or successor entity.
"Workforce compliance inspector" means an employee of the Authority who is responsible for monitoring compliance with this chapter.
N.J. Admin. Code § 19:39-1.2