N.J. Admin. Code § 5:34-10.12

Current through Register Vol. 56, No. 21, November 4, 2024

Section 5:34-10.12 - Disclosure; access and record retention

(a) Any and all submissions made in response to any RFQ and any RFP, are subject to the provisions of the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., and the exceptions from disclosure provided therein, except that technical proposals shall not be subject to disclosure prior to award of the contract.

(b) The design-builder awarded a design-build contract shall make available records and accounts pertaining to the design-build project to the Office of the State Comptroller in any investigations, examinations, and inspections that they may undertake of the activities related to the financing and undertaking of design-build projects. The design-builder shall also cooperate, upon request, in sharing information with other State or Federal entities.

(c) The design-builder and contracting unit shall retain all records and accounts, including records and accounts of subcontractors and subconsultants, for design-build project activities, as necessary to evidence compliance with the Act and all applicable rules and contractual requirements. Such records shall be retained for 10 years following substantial completion of a design-build project, and any additional period required for the resolution of litigation, claims, or audit findings. At any time, upon request of the Director of the Division of Local Government Services in the New Jersey Department of Community Affairs, the contracting unit and the design-builder shall make records relating to the design-build project available to the Division, within four business days of the request for documents, at no cost to the Division.

(d) In the event that any litigation, claim, audit, or request pursuant to the Open Public Records Act, N.J.S.A. 47:1A-1 et seq., relating to the procurement or the performance of work under the designbuild contract is commenced prior to expiration or termination of the design-build contract, all records relating to the procurement and the contract shall be retained until all litigation, claims, audit findings, document requests, and related appeals, if any, have been resolved with finality.

N.J. Admin. Code § 5:34-10.12

Adopted by 54 N.J.R. 1307(a), effective 5/27/2022

Adopted by 54 N.J.R. 2374(a), effective 12/19/2022