N.J. Admin. Code § 19:39-3.2

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

Section 19:39-3.2 - Sanctions

(a) If the SDA determines that either a goods and services or construction contractor is in violation of this chapter or its affirmative action plan, SDA shall enforce the obligations of this chapter and the requirements of the affirmative action plan by any or all of the following actions, as applicable:

1. Reduce the contractor's performance evaluation;

2. Reduce the contractor's project rating on subsequent bid proposals;

3. Reduce the contractor's compensation by a maximum of one and one-half percent of the contract price if the contractor is found not to have in good faith satisfied the hiring requirements set forth in the contract, because the SDA cannot and will not pay for contractual services that are not performed or contractual obligations that are not met. This reduction in the contract price will be effectuated either by the withholding of all or part of future payments to the contractor or by a reduction in the amount of retainage otherwise due for release to the contractor under the contract;

4. Pursue any of the sanctions available under N.J.A.C. 19:38A-4, including revocation of the firm's pre-qualification and/or suspension or debarment from SDA contracting; and/or

5. Terminate the contract.

N.J. Admin. Code § 19:39-3.2

Amended by 47 N.J.R. 1651(c), effective 7/6/2015

Amended by 54 N.J.R. 2401(a), effective 12/19/2022