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NTB - Notice to BiddersNew!
BID #: N/A
DUE: TBD
VALUE: $17,500
100
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Risk Rank
Green Risk
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Executive Summary
The City of Bayonne and its related City Authorities and Entities are soliciting statements of qualification and/or proposals for professional services exceeding $17,500, adhering to a "fair and open" contracting process as per the New Jersey Local Unit Pay to Play Law. Proposals must be submitted using standardized forms and include documents demonstrating the provider's qualifications and experience. Sealed submissions, comprising an original and three copies, must include specified forms such as the Proposal, Qualifications and Costs Submission Form, Non-Collusion Affidavit, Disclosure of Ownership form, and a copy of the vendor's New Jersey Business Registration Certificate. Unless otherwise noted, the City reserves the right to extend the submission deadline, reject submissions, waive non-mandatory items, and accept submissions in its best interest.
Web Content
Current Notices
Requirements for Submissions
Please be advised: You
must
review the information regarding the requirements to submit responses to the City of Bayonne. All forms required to be submitted are contained here.
CONTACT INFORMATION FOR RFP’s/RFQ’s
For inquiries regarding RFP’s/RFQ’s, please contact:
John F. Coffey, II
Law Director
City of Bayonne
630 Avenue C
Bayonne, NJ 07002
Tel: (201) 858-6091
The City of Bayonne (City) and its related City Authorities and Entities, including the Bayonne Municipal Utilities Authority (BMUA), the Bayonne Parking Authority (BPA), the Bayonne Planning Board (BPB), the Bayonne Board of Adjustment (BBA) and the Bayonne Urban Enterprise Zone (UEZ) regularly solicit statements of qualification and/or proposals to provide professional services in excess of $17,500 pursuant to a "fair and open" contracting process as defined in the New Jersey Local Unit Pay to Play Law, N.J.S.A. 19:44-20.4 et seq.
Below are links to the professional services being sought by the City or the above noted City Authorities or Entities and the deadline for submission of proposals. Clicking on the link for a position or service will provide details about the requirements or criteria for the specific professional service or position.
Absent an express written notice to the contrary in the detailed requirements, all proposals:
Are to be submitted on the "Standardized Profession Service RFQ-RFP Submission Forms", which can be downloaded by
clicking here
.
Are subject to the "Standardized General Instructions, Submission and Selection Criteria" AND "General Contract Requirements and Addendum", which can be downloaded from this site by
clicking here
.
Must have four versions submitted, an ORIGINAL and THREE COPIES.
Submission Deadline and Public Reading:
In addition to the requirements for each position, the links below contain the details on when and where the responses are to be delivered (the "submission deadline") and advise as to where and when the responses will be read aloud and otherwise available for public scrutiny.
Sealed Responses Should Include:
The above noted Standardized Profession Service RFQ-RFP Submission Forms which include:
The "Proposal, Qualifications and Costs Submission Form" signed and dated by the provider and clearly referencing any additional sheets or attachments (such as submissions letter, provider service or experience description, and/or fee schedule)
A signed and notarized "Non-Collusion Affidavit" and …
A signed Disclosure of Ownership form.
A copy of the vendor's current "New Jersey Business Registration Certificate." Information on this certificate can be obtained by
clicking here
.
Such other documents and materials as may be appropriate to show the qualifications and experience of the provider to meet the requirements of the request for proposals and/or qualifications.
All professional service contractors are required to comply with the requirements of N.J.S.A. 52:32-44 (Business Registration of Public Contractors), N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq. (Contract Compliance and Equal Opportunities in Public Contracts).
Unless specifically noticed to the contrary, the City of Bayonne and its related Authorities and Entities reserve the right to extend the submission deadline at any time prior to the opening of sealed submissions, to reject all submissions without the need for cause or prior notice, to reject particular submissions due to defects in mandatory items, to waive non-madatory items and to accept any submissions that in their judgment will be in the best interest of the entity involved.
Public Notice of Fair & Open Contracting
The City of Bayonne ("City") and its related City Authorities and Entities hereby solicit statements of qualification for applicants for appointment to the professional positions and professional service contracts in excess of $17,500 pursuant to fair and open contracting criteria in accordance with N.J.S.A. 19:44A-20.4 and .5. For more information, please
click here
.
Click here to view Requirements
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--- Document: clicking here ---
SERVICE CONTRACT PROPOSAL AND
QUALIFICATION AND COSTS SUBMISSION FORM
Please provide the name and address of Submitting Firm/Company, Individual or Entity:
Please indicate the Service/ Title for which you are Submitting:
Please State the Name and address of specific City, Authority, Board or other Public
Body to which you are responding:
Note: In responding to these questions you may attach additional sheets as
necessary. Please be sure to CLEARLY reference all additional sheets or relevant
attachments under the appropriate question or area. Material not clearly referenced
will not be considered.
1. Is your firm/company willing and able to perform the scope of services set
forth in the Notice of Solicitation and the Solicitation Package for the above
Service / Title?
2. If the answer to question 1 is "No", then please explain any exceptions,
clarifications or limitations to the scope of services that your firm/company is
willing and able to provide?
Service PROPOSAL I QUALIFICATION AND COSTS SUBMISSION FORM
Page 1 of 8
3. Please provide the names and roles of the individuals who will perform the
services, descriptions of their education and experience, degrees,
licenses and certifications relevant to those services including specific
experience with the Client/Owner to whom this submission is being
sent (or with similar Client/Owners).
4. Please discuss your (the firm's/company's) record of success in providing the
same or similar services to those being requested.
Service PROPOSAL I QUALIFICATION AND COSTS SUBMISSION FORM
Page 2 of 8
5. Please provide references who can be contacted to substantiate the
above noted experience or record of success for the same or similar
service,
6. Please provide a list of your current municipal or public clients as well as past
municipal clients.
Service PROPOSAL I QUALIFICATION AND COSTS SUBMISSION FORM
Page 3 of 8
7. Please describe your (the firm's/company's) ability to provide the services in
a timely fashion (including staffing, familiarity and location of key staff,
availability and/or ownership of key resources). If appropriate, a
description of technical process and equipment available to the
organization and used in performing the task(s) within the scope of work
may be provided.
8. Please disclose any conflicts of interest you have or reasonably
anticipate having with respect to your firm's/company's past,
current or pending representation of clients or entities who are
engaged in litigation or disputes with the City of Bayonne or its
associated entities or who are appearing before or making
application to its Boards or Agencies, If none, state "none."
Service PROPOSAL I QUALIFICATION AND COSTS SUBMISSION FORM
Page 4 of 8
9. If not included elsewhere within the Solicitation for Proposal, please
provide a breakdown of costs for service (cost details), including the
hourly rates of each of the individuals who will be performing
services and a schedule of costs for reimbursable expenses and/or a
budgeted amount for reimbursable expenses. If all or any part of the
work proposed is to be performed on a lump sum or flat fee (as
opposed to an hourly or reimbursable basis) please provide the
amount of that lump sum or flat fee as well as specifically detailing
the full scope of work to be included under the proposed lump sum or
flat fee. It is also permissible to provide alternative fee proposals
(lump sum or hourly) for the same scope of work, but again, it is
very important to clearly delineate what is included.
Service PROPOSAL I QUALIFICATION AND COSTS SUBMISSION FORM
Page 5 of 8
10. (OPTIONAL) ADDITIONAL MATERIAL. Please discuss any relevant or
supplementary materials which may demonstrate your firm's/company's
qualification or capacity to perform the services listed or to illustrate
why hiring your firm/company to perform these services would be in the
best interest of the Municipality.
11. (OPTIONAL) EXTENDING TERM OF OFFER. All submissions must be held
open for 60 days following opening on the due date and then accepted or
rejected unless a submitting party agrees to hold its offer open. Does your
firm/company wish to hold your offer open for a longer period (up to one year
maximum)? If yes, state the maximum length of time for which the offer made
herein can be accepted by the Client/Owner.
Service PROPOSAL I QUALIFICATION AND COSTS SUBMISSION FORM
Page 6 of 8
In completing and submitting this form the submitting firm, company, individual or
entity acknowledges that it has received and read the following which were provided
with the submission materials:
*
.
The Notice of Solicitation for Service, pertaining to the
Title/Service which is the subject of this submission
The "Title/ Service Description and Minimum Requirements" pertaining
to the above Title/Service and any supplemental addendum.
The "General Instructions, Submission and Selection Criteria"
The "General Contract Requirements and Addendums A, B & C"
CHECKLIST. The following items, as indicated below, shall be provided
with the receipt of sealed submissions:
1. Service Proposal, Qualifications and Costs Submission Form (This form) must be
signed and dated. Please be sure CLEARLY reference all additional sheets and
attachments.
2. Non-Collusion Affidavit - must be signed and Notarized
3. Disclosure of Ownership Form - must be signed
4. Service Entity Information Form
5. Copy of your Business Registration Certificate as issued by the State of New
Jersey Department of Treasury, Division of Revenue.
6. A copy of State of NJ, Department of the Treasury, Division of Revenue and
Enterprise Services, Certificate of Good Standing. Information on this Certificate
can be obtained on the web at https://www.niportal.com/dor/businessrecords/.
7. Disclosure of Investment Activities in Iran
8. Disclosure of Non-Involvement of Activities in Russia or Belarus
I certify that I am an authorized representative of the firm or business named below and offer
on behalf of the firm or business to provide the services set forth herein in accordance with
this submission form and the terms of the solicitation and submission materials noted above.
I further certify that the information contained in and attached to this submission is true to the
best of my knowledge and belief, with the understanding that it will be relied upon as such by
the public entity to which it is being submitted.
Firm/Company:
BY:
Firm/Company Name (Print or Type):
Authorized Representative
Print Name
Signature
Service PROPOSAL I QUALIFICATION AND COSTS SUBMISSION FORM
Date:
Print Title
Page 7 of 8
Authorized Representative
Print Name
Print Title
Fax#:
Telephone#:
E-Mail
Service PROPOSAL I QUALIFICATION AND COSTS SUBMISSION FORM
Page 8 of 8
NON-COLLUSION AFFIDAVIT
STATE OF NEW JERSEY
COUNTY OFF
SS.
1,
(Name of Afflant)
In the County of
(Afflant's County)
of
(Affiant's Town, City, Borough or Municipality)
and the State of
of full age
1
(Affiant's State)
being duly sworn according to law on my oath depose and say:
I am
of the firm or business
(Afflant's Tille In Submitting Firm/Company)
(Name of Submitting Firm/Company)
The Service Entity making the submission to provide services as
(Service/Tille/Contract Being Applied for)
the
(Name of Municipality or Public Entity to which you are applying)
(the "Client/Owner")
to
that I executed the enclosed documents and submissions with full authority to do so; that
said Service Entity has not, directly or indirectly, entered into any agreements, participated
in any collusion, or otherwise taken any action in restraint of fair and open competition in
connection with the submission to be awarded a contract to provide such above named
Service; and that all statements contained in said submission and in this affidavit are true
and correct, and made with full knowledge that the Client/Owner has and will rely upon the
truth of the statements contained in said submission and in the statements contained in
this affidavit both in considering and making any awarding of a contract for said service.
I further warrant that no person or selling agency has been employed or retained to solicit
or secure such contract upon an agreement or understanding for a commission,
percentage, brokerage or contingent fee, except bona fide established commercial or
selling agencies maintained by
Subscribed and sworn to before me
day of
this
, 20_
(Name of Submitting Service Entity)
Notary Public, State of
(Signature of Afflant)
My Commission expires_
(Type or Print name of affiant and Title, under signature)
DISCLOSURE OF OWNERSHIP FORM
N.J.S.A. 52:25-24.2 reads in part that "no corporation or partnership shall be awarded any contract by the State, County, Municipality or
School District, or any subsidiary or agency thereof, unless prior to the receipt of the submission of the corporation or partnership, there is
provided to the public contracting unit a statement setting forth the names and addresses of all individual who own 10% or more of the
stock or interest in the corporation or partnership",
1.
2.
3.
4.
If the service entity is a partnership, then the statement shall set forth the names and addresses of all partners who own a 10%
or greater interest in the partnership.
If the service entity is a corporation, then the statement shall set forth the names and addresses of all stockholders in the
corporation who own 10% or more of its stock of any class.
If a corporation owns all or part of the stock of the corporation or partnership providing the submission, then the statement shall
include a list of the stockholders who own 10% or more of the stock of any class of that corporation.
If the service entity is other than a corporation or partnership, the contractor shall indicate the form of corporate ownership
as listed below.
COMPLETE ONE OF THE FOLLOWING STATEMENTS:
1.
Stockholders or Partners owning 10% or more of the company providing the
submission:
NAME:
SIGNATURE:
ADDRESS:
DATE:
No Stockholder or Partner owns 10% or more of the company providing this
II.
submission:
SIGNATURE:
DATE:
Ⅲ.
IV.
Submission is being provided by an individual who operates as a sole proprietorship:
SIGNATURE:
DATE:
Submission is being provided by a corporation or partnership that operates as a (check
one of the following):
Limited Partnership
Limited Liability Corporation
Limited Liability Partnership
Subchapter S Corporation
DATE:
SIGNATURE:
SERVICE ENTITY INFORMATION FORM
If the Service Entity is an INDIVIDUAL, sign name and give the following information: Name:
Address:
Telephone No.:
Fax No.:
Social Security No...
E-Mail:
Ifindividual has a TRADE NAME, give such trade name:
Trading As:
********
Telephone No.:
****************************
If the Service Entity is a PARTNERSHIP, give the following information: Name of
Partners:
Firm/Company Name:
Address:
Telephone No.:
Federal I.D. No.:
E-Mail:
Fax No.:
Social Security No.
Signature of authorized agent:
******** ****
If the Service Entity is INCORPORATED, give the following information:
State under whose laws incorporated:
Location of principal office:
Telephone No.:
Fax No.:
Federal I.D. No.:
E-Mail:
Name of agent in charge of said office upon whom notice may be legally served:
Telephone No.:
Signature:
Title:
Name of Corporation:
By:
Address:
****
****
CERTIFICATION OF NON-INVOLVEMENT IN
PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS
Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity (hereinafter "Vendor") that seeks to enter into or
renew a contract with a State agency for the provision of goods or services, or the purchase of bonds or other obligations, must
complete the certification below indicating whether or not the Vendor is identified on the Office of Foreign Assets Control
(OFAC) Specially Designated Nationals and Blocked Persons list, available here: https://sanctionssearch.ofac.treas.gov/. If
the Department of the Treasury finds that a Vendor has made a certification in violation of the law, it shall take any action as
may be appropriate and provided by law, rule or contract, including but not limited to, imposing sanctions, seeking
compliance, recovering damages, declaring the party in default and seeking debarment or suspension of the party.
I, the undersigned, certify that I have read the definition of "Vendor" below, and have reviewed the Office of Foreign Assets
Control (OFAC) Specially Designated Nationals and Blocked Persons list, and having done so certify:
A.
B.
C.
(Check the Appropriate Box)
That the Vendor is not identified on the OFAC Specially Designated Nationals and Blocked Persons list on
account of activity related to Russia and/or Belarus.
OR
That I am unable to certify as to "A" above, because the Vendor is identified on the OFAC Specially
Designated Nationals and Blocked Persons list on account of activity related to Russia and/or Belarus.
OR
That I am unable to certify as to "A" above, because the Vendor is Identified on the OFAC Specially
Designated Nationals and Blocked Persons list. However, the Vendor is engaged in activity related to Russia
and/or Belarus consistent with federal law, regulation, license or exemption. A detailed description of how
the Vendor's activity related to Russia and/or Belarus is consistent with federal law is set forth below.
(Attach Additional Sheets If Necessary.)
Signature of Vendor's Authorized Representative
Print Name and Title of Vendor's Authorized Representative
Vendor's Name
Vendor's Address (Street Address)
Vendor's Address (City/State/Zip Code)
Date
Vendor's FEIN
Vendor's Phone Number
Vendor's Fax Number
Vendor's Email Address
1 Vendor means: (1) A natural person, corporation, company, limited partnership, limited liability partnership, limited liability company,
business association, sole proprietorship, joint venture, partnership, society, trust, or any other nongovernmental entity, organization, or
group; (2) Any governmental entity or instrumentality of a government, including a multilateral development Institution, as defined in Section
1701(c)(3) of the International Financial Institutions Act, 22 U.S.C. 262r(c)(3); or (3) Any parent, successor, subunit, direct or indirect
subsidiary, or any entity under common ownership or control with, any entity described in paragraph (1) or (2).
NJ Rev. 1.22.2024
Disclosure of Investment Activities in Iran
NOTICE OF UPDATED DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Pursuant to Local Finance Notice 2024-04 dated February 22, 2024 issued by the NJ Department
of Treasury on February 22, 2024, the "Disclosure of Investment Activities in Iran" has been
updated. A copy of the updated form is attached and is also available on the State of New
Jersey Web Site https://www.nj.gov/dca/dlgs/programs/lpcl_docs/YB%20-
%20Disclosure%20of%20Iran%20Investments.docx as well as at the City of Bayonne Law
Department, 630 Avenue C, Room 15, Bayonne NJ 07002 during normal business hours.
STANDARD BID DOCUMENT REFERENCE
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN.
Name of F
N.J.S.A. 52:32-55 et seq.
Statutory
N.J.S.A. 40A:11-2.1
Reference
N.J.S.A. 18A:18A-49.4
Y/N
Mandatory
Optional
N/A
LPCL
Y
Applicability
Goods
Services
and
X
PSCL
Y
Construction
X
Instructions
Reference
Description
P.L. 2012, c.25 prohibits the awarding of State and local public contracts for goods and
services with persons or entities engaging in certain investment activities in energy or
finance sectors of Iran. Prior to contract award, vendors and contractors must certify that
neither they nor any parent entity, subsidiary, or affiliate is listed on the New Jersey
Department of the Treasury's list of entities determined to be engaged in prohibited
activities in Iran pursuant to P.L. 2012, c. 25 ("Chapter 25 List").
Please submit the attached updated "Disclosure of Investment Activities in Iran" with your response.
The Certification form requires the insertion of contracting unit identification information
which should be filled in (in italics on the form) prior to its use.
Person or Entity
Part 1: Certification
COMPLETE PART 1 BY CHECKING EITHER BOX
Pursuant to Public Law 2012 c 25, any person or entity that is a successful bidder or proposer, or
otherwise proposes to enter into or renew a contract, must complete the certification below to attest, under
penalty of perjury, that neither the person or entity, nor any parent entity, subsidiary, or affiliate is
identified on the State Department of Treasury's Chapter 25 list as a person of entity engaging in
on Treasury's website:
activities in Iran.
www.state.my.us/treasury/purchase/pd
apter 25 Last pdf
The Chapter 25 last must be reviewed prior to completing the below certification. If a vendor or contractor
is found to be in violation of law, action may be taken as appropriate and as may provided by law, rule or
contract including but not limited to imposing sanctions, seeking compliance, recovering damages
declaring the party in default and seeking debarment or suspension of the party
I certify, pursuant to Public Law 2012, c. 25, that neither the person or entity
listed above, nor any parent entity, subsidiary, or affiliate thereof is listed on the
N.J. Department of the Treasury's list of entities determined to be engaged in
prohibited activities in Iran pursuant to P.L. 2012, c. 25 ("Chapter 25 List"). I
further certify that I am the person listed above, or I am an officer or
representative of the entity listed above and am authorized to make this
certification on its behalf. I will skip Part 2 and sign and complete the
Certification below.
I am unable to certify as above because the person or entity and/or a parent entity,
subsidiary, or affiliate thereof is listed on the N.J. Department of the Treasury's
Chapter 25 list. I will provide a detailed, accurate and precise description of the
activities in Part 2 below sign and complete the Certification below.
Part 2: Additional Information
PLEASE PROVIDE FURTHER INFORMATION RELATED TO INVESTMENT ACTIVITIES IN
TRAN
You must provide a detailed, accurate and precise description of the activities of the person or entity, or a
parent entity, subsidiary, or affiliate thereof engaging in rivestiment activates in Iran below and, if more
space is needed, on additional sheets provided by you
Part 3: Certification of True and Complete Information
I being duly sworn upon my oath, hereby represent and state that the foregoing information and
any attachments there to the best of my knowledge are true and complete. I attest that I am authorized
to execute this certification on behalf of the above-referenced person or entity
I acknowledge that the City of Bayonne is relying on the information contained herein and thereby
acknowledge that I am under a continuing obligation from the date of this certification through the
completion of any contracts with the City of Bayonne to notify the City of Bayonne in writing of any
- changes to the answers of information contained herein
Tacknowledge that I am aware that it is a criminal offense to make a false statement or
misrepresentation in this certification, and if I do so recognize that I am subject to craminall
prosecution under the law and that it will also constitute a material breach of my agreement(s) with the
City of Bayonne and that the City of Bayonne at its option may declare any contracts) resulting from
This certification void and unenforceable
Full Name
(Print)
Signature
Title
Date
CERTIFICATION OF NON-INVOLVEMENT IN
PROHIBITED ACTIVITIES IN RUSSIA OR BELARUS
Pursuant to N.J.S.A. 52:32-60.1, et seq. (L. 2022, c. 3) any person or entity (hereinafter "Vendor") that seeks to enter into
or renew a contract with a State agency for the provision of goods or services, or the purchase of bonds or other obligations,
Nationals
Persons
must complete the certification below indicating whether or not the Vendor is identified on the Office of Foreign Assets
and Blocked
available
list,
here:
https://sanctionssearch.ofac.treas.gov/. If the Department of the Treasury finds that a Vendor has made a certification in
Control (OFAC) Specially Designated
violation of the law, it shall take any action as may be appropriate and provided by law, rule or contract, including but not
limited to, imposing sanctions, seeking compliance, recovering damages, declaring the party in default and seeking
debarment or suspension of the party.
1, the undersigned, certify that I have read the definition of "Vendor" below, and have reviewed the Office of Foreign Assets
Control (OFAC) Specially Designated Nationals and Blocked Persons list, and having done so certify:
A
B.
C.
(Check the Appropriate Box)
That the Vendor is not identified on the OFAC Specially Designated Nationals and Blocked Persons list on
account of activity related to Russia and/or Belarus.
OR
That I am unable to certify as to "A" above, because the Vendor is identified on the OFAC Specially
Designated Nationals and Blocked Persons list on account of activity related to Russia and/or Belarus.
OR
That I am unable to certify as to "A" above, because the Vendor is identified on the OFAC Specially
Designated Nationals and Blocked Persons list However, the Vendor is engaged in activity related to Russia
and/or Belarus consistent with federal law, regulation, license or exemption. A detailed description of how
the Vendor's activity related to Russia and/or Belarus is consistent with federal law is set forth below.
(Attach Additional Sheets If Necessary.)
Signature of Vendor's Authorized Representative
Print Name and Title of Vendor's Authorized Representative
Vendor's Name
Vendor's Address (Street Address)
Vendor's Address (City/State/Zip Code)
Date
Vendor's FEIN
Vendor's Phone Number
Vendor's Fax Number
Vendor's Email Address
i Vendor means: (1) A natural person, corporation, company, limited partnership, limited liability partnership, limited liability compaпу,
business association, sole proprietorship, joint venture, partnership, society, trust, or any other nongovemmental entity, organization, or
group; (2) Any governmental entity or instrumentality of a government, including a multilateral development institution, as defined in Section
1701(c)(3) of the International Financial Institutions Act, 22 U.S.C. 262r(c)(3); or (3) Any parent, successor, subunit, direct or indirect
subsidiary, or any entity under common ownership or control with, any entity described in paragraph (1) or (2).
NJ Rev. 1.22.2024
--- Document: clicking here ---
I- GENERAL INSTRUCTIONS:
1.1 PUBLISHED NOTICE OF SOLICITATION IDENTIFIES THE “CLIENT/OWNER”
AND
THE
PROFESSIONAL/CONSULTING/EXTRAORDINARY
UNSPECIFIABLE
(EUS)
“SERVCE/TITLE” SOUGHT. The Client/Owner, is the public entity or local unit soliciting
professional/consulting/EUS services (“Services”) by way of the “Notice of Solicitation for
the Service/Title” provided with the “Solicitation Package” of which these “General
Instructions and Submission Criteria” are a part. Said “Notice of Solicitation” is referred to
elsewhere in these instructions and throughout the solicitation package and submission
documents as the “Notice of Solicitation,” and/or the “Specific Notice.”
1.2 SUBMITTING PARTY SUBJECT TO CLIENT/OWNER’S REQUIREMENTS . The
Services provider submitting a request to provide said Services for the client/owner
(hereinafter referred to in the various submission documents as the “respondent”,
“provider”, “contractor”, “submitting party”, “applicant”, “vendor”, “service provider”
and/or “professional service provider”) owner shall be subject to the specific requirements
of the above mentioned “Notice of Solicitation” as well as the requirements contained in
these “General Instructions and Submission Criteria” as well as in the “General Contract
Provisions”. The provider is charged with employing due diligence with respect to
ascertaining and complying with these submission requirements and the fact that any
Services entity is unfamiliar with or unaware of the details of these requirements will not
be accepted as an excuse to waive them.
1.3 COMPLETION OF SUBMISSIONS. Each submission must be provided by way of the
Standardized Submission Documents which must be signed where indicated by a principal
or other duly authorized representative of the Services entity submitting the proposal. Any
additional sheets and attachments should be clearly referenced under the appropriate area
of the Form Provided for Submission of “Proposal, Qualifications and Costs.” All prices and
amounts must be written in ink or preferably typewritten. Each signatory to the
submission must initial all erasures or corrections.
The sealed responses should include an original and three (3) copies of the following
submission documents:
1. The “Proposal, Qualifications and Costs Submission Form” signed and dated by the
provider and clearly referencing any additional sheets or attachments (such as a
submission letter, provider service or experience description, and/or fee schedule).
2. A signed and notarized “Non-Collusion Affidavit.”
3. A signed Disclosure of Ownership form.
4. A “Professional Service Entity Information Form”
5. A copy of the vendor's current "NJ Business Registration Certificate."
Information on this certificate can be obtained on the web at
"http://www.state.nj.us/treasury/revenue/busregcert.htm".
6. A copy of State of NJ, Department of the Treasury, Division of Revenue and Enterprise
Services, Certificate of Good Standing. Information on this Certificate can be obtained on
the web at https://www.njportal.com/dor/businessrecords/
7. A Disclosure of Investment Activities in Iran Form.
8. Such other documents and materials as may be appropriate to show the qualifications
and experience of the provider or to meet the requirements of this submission.
1.4 Time of Submission. Each submission shall be contained in a sealed envelope addressed
to the public entity or local unit of the City of Bayonne soliciting the Service at the return
address shown in the Notice of Solicitation for the position sought as posted on the City of
Bayonne’s website. The envelope shall specify the Title or Position for which the
submission is provided. The submissions is to be clearly marked “Sealed Submission
Enclosed” and must be delivered at the place and time required or mailed so as to be
received at or prior to the time set in the “Notice of Solicitation” or any supplemental
specific notice form the Client/Owner extending that deadline.
1.5 ACTUAL DELIVERY REQUIRED. The Client/Owner will not be responsible for
submissions forwarded through the U.S. Mail or any delivery service if lost in transit at any
time before submission opening, or if hand-delivered to incorrect location.
1.6 ADDITIONAL OR SUPPLEMENTAL MATERIALS. In addition to the required materials,
the responding party may submit additional or supplemental materials to demonstrate
their qualification or capacity to perform the Services listed or to illustrate other factors
why hiring them to perform the service would be in the best interest of the Client/Owner.
1.7 WITHDRAWING SUBMISSIONS. Submissions forwarded to the Law Director and/or his
designated representative before the time of opening of submissions may be withdrawn
upon written application of the services entity who shall be required to produce evidence
showing that they are or they represents the principal or principals involved in the
submission. Submissions may not be withdrawn within twenty-four (24) hours of the
stipulated time of opening of submissions. Once submissions have been opened, they must
remain firm for a period of sixty (60) days.
1.8 MODIFICATIONS OF SUBMISSIONS. Any professional services entity may modify its
submission by mail, courier or hand delivery at any time prior to the scheduled closing
time
for receipt of submissions. The Client/Owner, prior to the closing time, must receive such
communication. The communication should not reveal the submission price but should
provide the addition to or subtraction from or other modification so that the Client/Owner
will not know the final price(s) or term(s) until the sealed submission is opened.
1.9 MULTIPLE SUBMISSIONS. Entities and individuals may submit proposals for more
than one title or position; however, more than one submission from an individual, a firm or
partnership, a corporation or association of principals under the same or different names
for
the “same” title or position shall not be considered.
1.10 UNBALANCED SUBMISSIONS. Submissions, which are obviously unbalanced, may
be rejected at the option of the Client/Owner.
1.11 FACSIMILE DOCUMENTS PROVIDED IN A SUBMISSION. Facsimile documents may
be included in a submission package; however, facsimile copies are not acceptable for any
submission documents requiring authorized signatures, which must be provided with
original signatures in ink.
1.13 RIGHT TO REJECT SUBMISSIONS. The Client/Owner reserves the right to
reject any or all submissions in whole or in part if not in compliance with the
standardized submission requirements, to reject any and all submissions or proposals
received without cause and/or to negotiate separately with respect to any submission
in any manner necessary to serve the best interests of the Client/Owner.
1.14 RIGHT TO WAIVE INFORMALITIES RESERVED. The Client/Owner expressly reserves
the right to waive any informality in any submission, and to accept the submission, which
in
the Client/Owner's judgment serves its best interests.
1.15 TIME AND PLACE OF SUBMISSION OPENINGS. The person designated by the
Client/Owner to receive submissions shall receive proposals at the time and place
mentioned
in the Public Notice for Solicitation up to the deadline set forth therein, and will
immediately
thereafter be publicly opened with key provisions read aloud and otherwise available for
public scrutiny as set forth in the Notice of Solicitation as published on the City of
Bayonne’s
Website.
1.16 ERRORS IN SUBMISSIONS. If applicable, in the event there is a discrepancy
between the unit prices and the extended totals, the unit prices shall govern or if between
the
correct sum of the extended totals and the total submission submitted, the correct sum
shall
govern. Amounts written in words shall govern over the amounts written in numerals.
1.17 SUBMISSIONS NOT IN COMPLIANCE. The Client/Owner may waive any informality
or reject any and/or all submissions, in accordance with the Fair and Open Public
Solicitation
Process for Professional Service(s) pursuant to P.L. 2004, c. 19 (N.J.S.A. 19:44A-20.4 et seq.)
1.18 TIME FOR AWARD OF CONTRACT. The contracting unit shall award the contract or
reject all submissions within such time as may be specified in the invitation for submission,
generally no more than 60 days, except that the submissions of any professional services
entities who consent thereto may, at the request of the contracting unit, be held for
consideration for such longer period as the submitting party may specify or agree to, not to
exceed one year.
1.19 METHOD OF AWARD – CONTRACT NOT EXCLUSIVE. The Client/Owner reserves the
right to award submissions on a “service by service” basis, “per project” basis, in part or in
whole as determined by the Client/Owner. Any professional service contract awarded by
the
Client/Owner need not be exclusive to one provider or accept all of that provider’s offered
services. The Client/Owner is not bound to hire one professional service provider for all or
part of the scope of services proposed and shall have the option of selecting the services to
be
provided by the professional from the scope of services offered and to hire one or more
firms
to provide the same type or scope of services on the same or different projects.
1.20 BUSNESS REGISTRATION AND COMPLIANCE WITH EEO. The successful
professional service entity will be required to comply with the requirements of the
requirements of N.J.S.A. 52:32-44 (Business Registration of Public Contractors),
N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq. (Contract Compliance and Equal
Employment Opportunities in Public Contracts), and 42 U.S.C. §12101 et seq. (the
Americans with Disabilities Act) and any final contract shall indemnify the
Client/Owner from any violation of these acts caused by the professional service
provider, or the provider’s agents, servants or subcontractor(s) or the employees of
same. PROOF OF BUSINESS REGISTRATION MUST BE PROVIDED WITH THE
SUBMISSION PACKAGE. THIS IS NOT A WAIVABLE DEFECT. INFORMATION
ON OBTAINING A BUSINESS REGISTRATION CERTIFICATE IS AVAILABEON THE
WEB AT www.nj.gov/treasury/revenue/busregcert.htm.
1.21 After notification of award but prior to execution of any contract, one of
the following three documents as forms of evidence:
(a) A photocopy of a valid letter that the vendor is operating under an
existing Federally approved or sanctioned affirmative action program (good
for one year from the date of the letter); OR
(b) A photocopy of a Certificate of Employee Information Report
approval, issued in accordance with N.J.A.C. 17:27-1.1 et seq.; OR
(c) A photocopy of an Employee Information Report (Form AA302)
provided by the Division of Contract Compliance and distributed to the local
entity requesting the professional service to be completed by the vendor in
accordance with N.J.A.C. 17:27-1.1 et seq. The successful professional
service entity may obtain the Employee Information Report at
http://www.state.nj.us/treasury/contract_compliance/pdf/aa302.pdf.
Again, this is not required to be in the submission package, but your NJ Business
Registration Certificate must be.
1.22 LIMITATION. The Client/Owner, or its agents, servants or employees, will not
be responsible for any expenses incurred by any respondent in preparing or
submitting a proposal. Any Request for Qualifications or Proposals by the
Client/Owner is not intended to be an offer, order, or contract and should not be
regarded as such. No obligation or liability is imposed on the Client/Owner by
issuance of any Request for Qualifications (RFQ), Request for Proposals (RFP), or other
request for expression of interest in providing goods or services. The Clint/Owner
reserves the right, in its sole discretion, to refuse any proposal submitted.
Selection Criteria for Professional Service Contracts Page 1 of 1
Ver. June 23, 2009
II. SELECTION CRITERIA
2.1 SELECTION CRITERIA TO BE USED IN AWARDING CONTRACTS.
Proposals will be evaluated by the Client/Owner on the basis of the most advantageous
proposal
submitted, with expertise, experience, price and other factors considered. The evaluation
will consider:
A. Compliance with the general instructions and general and specific submission criteria.
B. Qualifications of the individuals who will perform the services/tasks and the amounts of
their
respective participation.
C. Experience, references and reputation in the field. Knowledge of the Client/Owner and
the
subject matter to be addressed under the contract.
D. Ability to perform the services/tasks in a timely fashion, including staffing and
familiarity with
the subject matter. Availability to accommodate any required meetings.
E. The existence of any conflict of interest that may limit or impede the scope of
representation.
F. Cost consideration - including, but not limited to, historical, current and comparable
costs for
similar professional services from those with similar expertise, experience and/or ability.
G. Other factors if determined to be in the best interests of the Client/Owner.
General Contract Requirements – Professional Service & Addendum A, B & C
Page1of6
GENERAL CONTRACT REQUIREMENTS & ADDENDUM A, B & C. Absent an express
written waiver from the Client/Owner to the contrary, the submitting party
(hereinafter referred to in the various submission documents as the “respondent”,
“provider”, “contractor”, “submitting party”, “applicant”, “vendor”, “service
provider” and/or “professional service provider”) should understand that they will
be bound by the following “General Contract Requirements and Addendum” of the
Client/Owner for all professional services contracts.
3.1 ACCEPTANCE OF GENERAL AND SPECIFIC CONDITIONS - PRIORITY OF
CONTRACT PROVISIONS - Absent an express written waiver from the Client/Owner to
the contrary, the submitting party should understand that they will be bound by these
“General Contract Requirements and addendum” of the Client/Owner for all professional
services contracts as well as the specific “Position/Title Description and Qualification
Criteria” (Schedule A in the Submission Package) of the Client/Owner for the position or
professional service to which the contract applies and that the contractual requirements
of these general and specific provisions will be incorporated into any final contract. Some
of the contents of the proposal submitted by the successful firm or firms(s) (such as,
scope or work, fee structure and other terms) may also become part of any final contract.
In the event of a conflict between any provisions of that final contract, the language of
the body of that final contract shall control first followed (in order or priority) by the
specific “Title/Service Description and Qualification Criteria” specified by the
Client/Owner, then by these “General Contract Requirements” and addendum, and then
last by any incorporated provisions of the Service Provider’s proposal.
3.2 CONTRACT NOT EXCLUSIVE. Absent an express contractual provision to the
contrary, any professional service contract awarded by the Client/Owner with respect to
a particular professional service or project service is not exclusive to one provider. The
Client/Owner may, in its sole discretion, apportion work between and among providers
and/or assign more than one provider to the same service or project.
3.3 ASSIGNMENT OR TRANSFER PROHIBITED. Any selected firm is prohibited from
assigning, transferring, conveying, subletting or otherwise disposing of any agreement or
its rights, title, or interest therein or its power to execute such agreement to any other
person, company or corporation without the prior written consent of the Client Owner
(i.e. the City or the soliciting City Entity).
3.4 SERVICE PROVIDER'S INDEPENDENT STATUS. It is expressly understood and
agreed that the status of the professional service entity and its employees, agents, and
officers in any contract awarded by the Client/Owner shall be that of an independent
contractor retained on a contractual basis to provide professional engineering services
for the limited time frame set forth above and it is not intended, nor shall it be
construed, that the Service Provider or any of its employees, officers and/or agents
is/are (an) employee(s) or officer(s) of the Client/Owner for any purpose whatsoever.
General Contract Requirements – Professional Service & Addendum A, B & C
Page2of6
3.5 PROFESSIONAL SERVICES ENTITY’s COMPLIANCE WITH LAWS The professional
services entity agrees to fully comply with the provisions of any Federal, General Contract
Requirements – Professional Service & Addendum A, B & C Page 2 of 6 State, County and
Local Government statutes, rules or regulations during the term of the contract
including, but not limited to the requirements of N.J.S.A. 52:32-44 (Business
Registration of Public Contractors), N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq.
(Contract Compliance and Equal Employment Opportunities in Public Contracts), and 42
U.S.C. §12101 et seq. (the Americans with Disabilities Act) and shall indemnify, defend
and hold the Client/Owner against any claim, fine, violation or other cost made and/or
assessed against the Client/Owner arising from a violation of those laws caused by the
professional service provider or by the professional service provider’s agents, servants,
subcontractor(s) or the employees of same.
3.6 GENERAL INSURANCE REQUIREMENTS – INDEMNITY. The professional service
provider contracting with the Client/Owner shall maintain a minimum of $1 million in
errors and omissions and/or professional liability insurance during the period of
performance required of any contract with the Client/Owner as well as such other
insurance as may be specified in the “specific requirements” for the position or service
contracted for and shall provide proof of such coverage(s) to the Client/Owner prior to
performing any work or at any time such proof may be requested by the Client/Owner.
The professional service provider contracting with the Client/Owner also agrees to
indemnify, defend and hold the Client/Owner harmless against any claim for damages,
injunctive relief or other civil liability or restriction made and/or assessed against the
Client/Owner due to the actions or negligence of the professional service provider or by
the provider’s agents, servants or employees.
3.7 PAYMENT - AVAILABILITY OF FUNDS – NO INTEREST. The award of any Contract
by the Client/Owner is subject to the Client/Owner’s Executive Director or Chief
Financial Officer certifying that the necessary funds are available in the year of award.
Contracts which span multiple fiscal years are subject to cancellation in the following
fiscal year if funds for continuation of the contract into that fiscal year are not approved
by the governing body. The obligation of the Client/Owner to make payment to the
provider shall be limited to the funds appropriated and made available as set forth above.
Provider will be obligated to notify the Client/Owner when 75% of the contract ceiling
has been reached. Payments are processed by the Client/Owner following receipt of
properly detailed and signed invoices and vouchers and approval by the Board at a
regular meeting. Notwithstanding any other provision of the final contract, including any
recitation of interest in the provider’s rate schedule, no interest or late payment fees or
any type shall apply to or be due from the Client/Owner to the provider under this
professional services contract.
3.8 ONE YEAR MAXIMUM TERM - TRANSITIONAL PERIOD - Pursuant to N.J.S.A.
40A:11- 3(b), may be awarded for a period not exceeding twelve (12) consecutive months.
If, for any reason, a new contract has not been awarded prior to the expiration or
General Contract Requirements – Professional Service & Addendum A, B & C
Page3of6
termination of the existing contract, the professional services entity agrees that it will
continue to provide services under the terms and condition of the existing contract until
a new contract(s) can become completely operational. At no time shall this transition
period extend more than ninety (90) days beyond the expiration or termination of the
original (existing) contract.
3.9 CLIENT/OWNER’s RIGHT TO CANCEL – NO MINIMUM PAYMENT IMPLIED OR
GUARANTEED UNLESS SPECIFICALLY PROVIDED. Client/Owner reserves the right to
cancel any contract entered into without cause and without penalty at any time during
that contract period by mailing to the “Service Provider” a written notice, certified mail
General Contract Requirements – Professional Service & Addendum A, B & C Page 3 of 6
return receipt, calling for termination at not less than thirty (30) days thereafter. In the
event of termination of the Agreement, the firm’s fees shall be prorated for the work
satisfactorily performed up to the effective date of termination.
3.10 CHOICE OF LAW – JURISDICTION- SAVINGS CLAUSE Any dispute between the
Client/Owner and the submitting party with regard to any submission or offer to provide
professional services or any contract entered into to do so shall be interpreted, subject to
and governed by the jurisdiction and laws of the State of New Jersey and resolved in its
Courts, except where jurisdiction is expressly preempted by Federal Law in which case
the matter will be subject o the jurisdiction of the United States District Court for the
District of New Jersey. Any contract provision later determined to be legally void or
unenforceable shall not void the remaining provisions of the contract.
3.11 INCORPORATION OF ENCLOSED ADDENDUMS A, B and C INTO THESE
GENERAL CONTRACT REQUIREMENTS. Addendums A, B and C to these General
Contracting Requirements which concern the submitting professional service provider’s
(stated therein as “CONTRACTOR’S”) responsibility for compliance and Equal
Employment Opportunities in Public Contracts (ADDENDUM A), the Americans with
Disabilities Act (ADDENDUM B) and the New Jersey Business Registration Law
(ADDENDUM C) are incorporated by reference as if set forth at length herein.
General Contract Requirements – Professional Service & Addendum A, B & C Page 4 of 6
ADDENDUM A - TO “GENERAL CONTRACT REQUIREMENTS”
EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITY
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27 et seq.
GOODS, PROFESSIONAL SERVICES AND GENERAL SERVICE CONTRACTS
During the performance of this contract, the contractor agrees as follows:
The contractor or subcontractor, where applicable, will not discriminate against any
employee or applicant for employment because of
age, race, creed, color, national origin, ancestry, marital status, affectional or sexual
orientation, or sex. Except with respect to
affectional or sexual orientation, the contractor will take affirmative action to ensure that
such applicants are recruited and employed,
and that employees are treated during employment, without regard to their age, race,
creed, color, national origin, ancestry, marital
status, affectional or sexual orientation, or sex. Such action shall include, but not be limited
to the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising, layoff or termination; rates
of pay or other forms of compensation; and
selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and
applicants for employment, notices to be provided by the Public Agency Compliance Officer
setting forth provisions of this nondiscrimination
clause.
The contractor or subcontractor, where applicable will, in all solicitations or
advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive consideration for employment
without regard to age, race, creed, color, national
origin, ancestry, marital status, affectional or sexual orientation or sex.
The contractor or subcontractor, where applicable, will send to each labor union or
representative or workers with which it has a
collective bargaining agreement or other contract or understanding, a notice, to be
provided by the agency contracting officer advising
the labor union or workers’ representative of the contractor's commitments under this act
and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
The contractor or subcontractor, where applicable, agrees to comply with any regulations
promulgated by the Treasurer pursuant to
N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the
Americans with Disabilities Act.
The contractor or subcontractor agrees to attempt in good faith to employ minority and
female workers consistent with the applicable
county employment goals established in accordance with N.J.A.C. 17:27-5.2, or a binding
determination of the applicable county
employment goals determined by the Division, pursuant to N.J.A.C. 17:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment
agencies including, but not limited to, employment agencies,
placement bureaus, colleges, universities, labor unions, that it does not discriminate on the
basis of age, race, creed, color, national origin, ancestry,
marital status, affectional or sexual orientation, or sex, and that it will discontinue the use
of any recruitment agency which engages in direct or
indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of its testing procedures, if necessary,
to assure that all personnel testing conforms with the
principles of job-related testing, as established by the statutes and court decisions of the
State of New Jersey and as established by applicable Federal
law and applicable Federal court decisions.
In conforming with applicable employment goals, the contractor or subcontractor agrees to
review all procedures relating to transfer, upgrading,
downgrading and layoff to ensure that all such actions are taken without regard to age,
race, creed, color, national origin, ancestry, marital status,
affectional or sexual orientation, or sex, consistent with the statutes and court decisions of
the State of New Jersey, and applicable Federal law and
applicable Federal court decisions.
The contractor shall submit to the public agency, after notification of award but prior to
execution of a goods and services contract, one of the
following three documents:
Letter of Federal Affirmative Action Plan Approval
Certificate of Employee Information Report
Employee Information Report Form AA302
The contractor and its subcontractor shall furnish such reports or other documents to the
Division of Contract Compliance & EEO as may be
requested by the Division from time to time in order to carry out the purposes of these
regulations, and public agencies shall furnish such information
as may be requested by the Division of Contract Compliance & EEO for conducting a
compliance investigation pursuant to Subchapter 10 of the
Administrative Code at N.J.A.C. 17:27.
General Contract Requirements – Professional Service & Addendum A, B & C Page 5 of 6
ADDENDUM B - TO “GENERAL CONTRACT REQUIREMENTS”
AMERICANS WITH DISABILITIES ACT OF 1990
EQUAL OPPORTUNITY FOR INDIVIDUALS WITH DISABILITY
The CONTRACTOR and the Client/Owner do hereby agree that the provisions of Title 11 of
the Americans
With Disabilities Act of 1990 (the "Act") (42 U.S.C. S12101 et seg.), which prohibits
discrimination on the basis
of disability by public entities in all services, programs and activities provided or made
available by public
entities, and the rules and regulations promulgated pursuant thereunto, are made a part of
this contract. In
providing any aid, benefit, or service on behalf of the CLIENT/OWNER pursuant to this
contract, the
CONTRACTOR agrees that the performance shall be in strict compliance with the Act. In the
event the
CONTRACTOR, its agents, servants, employees, or subcontractors violate or are alleged to
have violated the
Act during the performance of this contract, the CONTRACTOR shall defend the
CLIENT/OWNER in any
action or administrative proceeding commenced pursuant to this Act. The CONTRACTOR
shall indemnify,
protect, and save harmless the CLIENT/OWNER, its agents, servants, and employees from
and against any
and all suits, claims, losses, demands, or damages of whatever kind or nature arising out of
or claimed to arise
out of the alleged violation. The CONTRACTOR shall, at its own expense, appear, defend,
and pay any and all
charges for legal services and any and all costs and other expenses arising from such action
or administrative
proceeding or incurred in connection therewith. In any and all complaints brought
pursuant to the
CLIENT/OWNER'S grievance procedure, the CONTRACTOR agrees to abide by any decision
of the
CLIENT/OWNER, which is rendered pursuant to, said grievance procedure. If any action or
administrative
proceeding results in an award of damages against the CLIENT/OWNER or if the
CLIENT/OWNER incurs any
expense to cure a violation of the ADA which has been brought pursuant to its grievance
procedure, the
CONTRACTOR shall satisfy and discharge the same at its own expense.
The CLIENT/OWNER shall, as soon as practicable after a claim has been made against it,
give written notice
thereof to the CONTRACTOR along with full and complete particulars of the claim. If any
action or
administrative proceeding is brought against the CLIENT/OWNER or any of its agents,
servants, and
employees, the CLIENT/OWNER shall expeditiously forward or have forwarded to the
CONTRACTOR every
demand, complaint, notice, summons, pleading, or other process received by the
CLIENT/OWNER or its
representatives.
It is expressly agreed and understood that any approval by the CLIENT/OWNER of the
services provided by
the CONTRACTOR pursuant to this contract will not relieve the CONTRACTOR of the
obligation to comply
with the Act and to defend, indemnify, protect, and save harmless the CLIENT/OWNER
pursuant to this
paragraph.
It is further agreed and understood that the CLIENT/OWNER assumes no obligation to
indemnify or save
harmless the CONTRACTOR, its agents, servants, employees and subcontractors for any
claim which may
arise out of their performance of this Agreement. Furthermore, the CONTRACTOR
expressly understands and
agrees that the provisions of this indemnification clause shall in no way limit the
CONTRACTOR’S obligations
assumed in this Agreement, nor shall they be construed to relieve the CONTRACTOR from
any liability, nor
preclude the CLIENT/OWNER from taking any other actions available to it under any other
provisions of this
Agreement or otherwise at law.
General Contract Requirements – Professional Service & Addendum A, B & C Page 6 of 6
ADDENDUM C TO “GENERAL CONTRACT REQUIREMENTS”
CONTRACTOR RESPONSIBLE FOR COMPLIANCE WITH BUSINESS
REGISTRATION REQUIREMENTS
Pursuant to P.L. 2004, c.57, Business Registration of Contractors with Government
Agencies, all
business organizations that do business with a local contracting agency are required to be
registered with the State of New Jersey, Department of Treasury, Division of Revenue, and
provide
proof of that registration at the time a bid or proposal is submitted.
A “Business Organization” means an individual, partnership, association, joint stock
company,
trust, corporation or other legal business entity or successor thereof.
This law covers construction as well as non-construction submissions.
Further information may be obtained by visiting the following web site at the State of New
Jersey:
www.nj.gov/treasury/revenue/busregcert.htm
The Contractor, represents to the CLIENT/OWNER that it is and will remain in compliance
with
Business Registration Act during the term of any contract with the CLIENT/OWNER and
that it will be
responsible for compliance with N.J.S.A. 52:32-44 which imposes the following
requirements on contractors
and all subcontractors that knowingly provide goods or perform services for a contractor
fulfilling this contract:
1) The contractor shall provide written notice to its subcontractors and suppliers to submit
proof of
business registration to the contractor;
2) Prior to receipt of final payment from a contracting agency, a contractor must submit to
the
contracting agency an accurate list of all subcontractors or attest that none were used;
3) During the term of this contract, the contractor and its affiliates shall collect and remit,
and shall
notify all subcontractors and their affiliates, that they must collect and remit to the
Director, New Jersey
Division of Taxation, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-
1 et seq.) on all
sales of tangible personal property delivered into this State.
A contractor, subcontractor or supplier who fails to provide proof of business registration
or provides
false business registration information shall be liable to a penalty of $25 for each day of
violation, not to exceed
$50,000 for each business registration not properly provided or maintained under a
contract with a contracting
agency.
--- Document: click here ---
Chapter 19 - Frequently Asked Questions
1. What is a “fair and open process”?
Under N.J.S.A. 19:44A-20.4 et seq., a “fair and open” process is a competitive process
compliant with the rules and restrictions set forth by the State’s Local Unit Pay-to-Play
law. Specifically, the “fair and open” process shall include, at minimum:
x Public advertisement (either conventionally in newspapers OR posted on the entity’s
website) with “sufficient time to give notice,” and
x Award under “a process that provides for public solicitation of proposals OR
qualifications,” and
x Established on the basis of an award and disclosure process documented in writing
prior to any solicitation, and
x Publicly opened and announced when awarded.
2. How does the non-fair and open or alternate process differ?
The non-fair and open process does not require the competitive elements of the fair and
open process. In the non-fair and open or alternate process, the local unit may award a
contract subject to vendor reporting requirements and certifications submitted by the
vendor. These requirements are intended to ensure that no prohibited contributions were
made to the political committees of the local unit (see N.J.S.A. 19:44A-20.4 and/or
N.J.S.A. 19:44A-20.5) and to disclose the vendor’s broader candidate contributions as
defined by N.J.S.A. 19:44A-20.26.
3. Can contractors awarded contracts through a fair and open process (including public
bids or competitive contracting) make reportable contributions to municipal or county
candidates or political committees?
Yes, under ELEC regulations, only the non-fair and open process prohibits the business
entity from making contributions in the year prior to award and during the term of a
contract.
If a business entity makes a reportable contribution (in excess of $300) while engaged in
a contract awarded under the fair and open process, it may preclude the entity from
receiving a subsequent non-fair and open award.
4. Is the threshold for the governing body to award a fair and open contract $17,500 or
the agency’s bid threshold pursuant to the Local Public Contracts Law?
The amount is $17,500, not the bid threshold under the Local Public Contracts Law.
Under Pay-To-Play, the Purchasing Agent cannot award fair and open window contracts
(those between $17,500 and the agency’s bid threshold); governing body approval by
resolution is required.
5. Under a non-fair and open process, may a purchasing agent make an award up to the
local unit’s bid threshold?
Yes, under a non-fair and open process, a purchasing agent may make the award or the
governing body may also reserve the authority to make the award.
6. Are contracts that are exempt from bidding (pursuant to N.J.S.A. 40A:11-5) subject to
Pay-To-Play?
Yes. All contracts in excess of $17,500 are subject to a fair and open process or must
comply with the reporting requirements of a non-fair and open process.
7. Are contracts with any New Jersey government or federal government agencies
covered under the Law?
No. Under this Pay-To-Play law, only contracts with business entities are covered.
8. Are contracts with non-profit organizations covered under the Law?
At this time this question is under review by State officials. This will be updated as soon as a
determination is made. (9/20/2007)
9. A contractor has certified that no contributions were made to trigger the restrictions
established by this Law, but there is reason to believe they have in fact made
contributions. In light of the certification, must a local official disclose that belief or may
the contract be awarded based on the “certification?”
Contact ELEC to review the specifics of the issue. Furthermore, if there is a question
regarding a contractor’s eligibility, officials should seek the advice of their local counsel.
10. A contractor said that he made a contribution to a political action committee (PAC)
within our county, but they have not made any direct contributions to the local officials in
office. The county PAC supports a political party that is represented within our
governing body. Is that contractor eligible for a non-fair and open contract?
Yes. If the contractor has made contributions to a county PAC they are not precluded
from doing non-fair and open business with a municipality in that county.
11. May a business entity that has a made a reportable contribution re-establish
eligibility for a contract by requesting that the contribution be returned?
Yes, provided that the contribution is returned within sixty (60) days of said contribution.
ELEC should be consulted for additional information.
12. How does the Law apply to multi-year contracts?
a. The value of the contract over its entire term is considered for determining if the
$17,500 threshold is met.
b. A contractor receiving a non-fair and open contract cannot make reportable
contributions during the life of the contract.
13. A business entity has contracts with three separate contracting agencies (as defined
pursuant to the Local Public Contracts Law) in a county: One is with the county itself,
one is with the County Park Commission, and one is with the County Library. All three
contracts are less than $17,500. Does the aggregation principle apply, making the
contracts subject to the Law?
No - these are three separate contracting units. The aggregation rule only applies to
contracts issued by a single contracting agency.
14. If a quote process (under $17,500 or for a non-fair and open under the agency’s bid-
threshold) is used, when must a business registration certificate [BRC] be submitted?
The BRC must be on file prior to award made by either the purchasing agent or the
governing body.
15. Is a contract for an underwriter to sell bonds subject to Pay-to-Play?
Yes, the exception is when the underwriter is a New Jersey bank that is otherwise
statutorily barred from making contributions, In that case, c. 19 restrictions would not
apply, however, other reporting requirements under both c. 19 and c. 271 remain in
effect.
16. Must anything be done to revise the non-collusion affidavit in bid specifications with
regard to Pay to Play?
No. If required in the specifications, the affidavit certifies that there has been no business-
to-business collusion and therefore is not affected by the provisions of Chapter 19.
17. Are professionals who receive in excess of $17,500 through a combination of non-
salary budgeted retainer and various escrow sources covered by Pay to Play?
Yes. Where professionals are paid (even in part) through escrow funds the law applies
when the aggregate amount to be paid over a year (regardless of the number of
applications) is estimated to be in excess of $17,500. The calculation is based on the total
annual amount the professional will receive while serving in the appointed capacity,
regardless of the revenue source.
18. After soliciting responses through a fair and open process, what process should be
followed when an agency receives no responses or all responses received are rejected?
When the value of the contract exceeds the bid threshold, local units should apply the
principles of the Local Public Contracts Law for receipt of formal bids. The LPCL
[N.J.S.A. 40A:11-5(3)] permits negotiations with vendors when responses to bid requests
are either high bids or no bids submitted after two attempts. In this circumstance,
negotiations are permitted if the procedure was initiated through a fair and open process.
If the value is under the bid threshold, local units can take action that they deem in their
best interest (i.e., negotiate immediately). N.J.S.A. 40A:11-13.2
19. After awarding an open-ended contract, is the governing body required to award all
subsequent purchase orders each time goods or services are needed?
No. After the initial open-ended contract is awarded by the governing body, the
purchasing agent is authorized to issue a purchase order each time goods or services are
needed. The purchase order is based on the terms and conditions of the initial open-ended
contract (N.J.A.C. 5:30-11.10).
20. Do solid waste and recycling collection services fall under Pay-to-Play
requirements?
Yes. Solid waste and recycling collection contracts are covered under Pay-to-Play
requirements. They are not rate regulated by the BPU - there is licensing by DEP, and
anything the BPU may require is only a registration - not rate regulation. These
businesses are not public utilities.
21. Are permits for services from DEP or other State or federal agencies subject to Pay-
to-Play?
No. The Pay-to-Play law does not apply to other government agencies.
22. A local unit contracts with doctors (either individually or in a group practice) for
Medicaid/ Medicare services at public nursing homes. The local unit does not pay the
costs since the doctors directly bill Medicaid/Medicare for their services. In these
situations do doctors or other medical professionals fall under Pay–to-Play
requirements?
Yes. Doctors and professionals that are compensated pursuant to contracts with the local
unit are covered. They are paid on a “pass through basis” from Medicaid/Medicare. If it
is anticipated in a given year that monies paid to any contractor will exceed $17,500 for
services rendered, then the underlying contract is subject to the Law, regardless of the
source of the funds.
23. If professional services are contracted through a fair and open process, is the
40A:11-5(1)(a)(i) public notice after award required?
No. The fair and open process provides adequate public notice of the award.
24. Are grants awarded by a governing body considered contracts under the law? For
example: Workforce Investment Board [WIB] job training grants, non-profit housing
grants, or Community Development Block Grants.
Generally grants are considered contracts and are covered under the law, however, when
grants are subject to an open, statutory process which is consistent with fair and open
disclosure themes, they are afforded the same flexibility as any fair and open award.
Alternatively, grants to individuals or payments to businesses on behalf of individuals for
social services (i.e., housing, medical support) are entitlements on behalf of the person
and the government is not a participant in who is selected to get the money. The
government merely facilitates the transaction.
25. How does Pay-to-Play affect land and building transactions?
The Local Lands and Buildings Law (N.J.S.A. 40A:12-1 et seq.) provides a fair and open
process for selling land. When the law is followed, no additional action is needed.
Acquiring real property:
A State program (i.e., Farmland Preservation or Garden State Trust) that provides
a public process for identifying and choosing parcels is considered fair and open.
When a specific parcel is desired for other purposes, the government unit can apply for
exigency approval if fair and open or non-fair and open processes are not practicable.
26. Are health care purchases made by public hospitals or nursing homes under
contracts awarded through the New Jersey Hospital Association pursuant to N.J.S.A.
30:9-87 considered fair and open?
Yes – the Division has reviewed the procedures used by the NJHA and their cooperative
purchasing partner and find that they meet the substantive requirements of the fair and
open process. To ensure compliance, however, the public agency should include a web
link on its website linking to bid calendar information on the website of the contractor
conducting the procurement process (www.novationco.com/suppliers/bids.asp).
This procedure does not eliminate the responsibility of the public agency to publish
notices of award pursuant to N.J.S.A. 30:9-88.
27. If a contract is awarded to procure a single good does the term of the contract extend
beyond delivery? Does this change if the contract includes a service agreement?
No. The term of a contract for a specific item expires when that item is accepted, even if
the item carries a warranty period as provided by the manufacturer. If there is a separate
agreement or rider to the contract that establishes an ongoing maintenance or service
agreement then the term of the contract will expire with the expiration of the service
agreement.
28. Are there specific wording requirements for fair and open contract award
resolutions, i.e., must they include specific language, similar to that which would be done
for non-fair and open contracts?
It is advisable that language such as “Whereas, the contract was awarded through a fair
and open process, pursuant to N.J.S.A. 19:44A-20.4 et seq.” be included in the award
resolution, however this is not a requirement. A special resolution is not required.
29. What responsibility does a contracting unit have to check the forms submitted by
vendors?
Generally, if a government agency has information that could confirm a certification the
agency is responsible to act accordingly. In this case, the following actions should be
taken to review non-fair and open contracts:
1. The local unit should ensure that recipients of contributions listed on a
Political Contribution Disclosure Form (c.271, N.J.S.A. 19:44A-20.26) are not
the names of the individuals or committees listed on the Business Entity
Disclosure Certification (c.19, N.J.S.A. 19:44A-20.4 et seq.).
2. If there is a PCD contribution to a BED-C listed recipient, review the
organization’s Stockholder Disclosure Certification to ensure that the
individual that made the contribution in question is not listed as an “interest
holder” controlling 10% or more of the assets of the business or firm.
3. If the contributor in question is found on the Stockholder Disclosure
Certification, carefully confirm that the contribution was made to the
contracting unit’s officials or their committees by a 10% interest holder to the
contracting unit, that individual (and their business) can not properly certify
that they have made no contributions that would bar the award of a non-fair
and open contract. Legal counsel and/or ELEC should then be consulted as
appropriate for guidance under the law.
30. Do the state “pay to play” regulations apply to state cooperative purchasing
contracts?
Contracts awarded pursuant to a State Contract are considered “fair and open” under PL
2004, c. 19, therefore the first steps of the contracting unit’s fair and open process are
covered, i.e., advertising, establishing the award criteria, opening of proposals and vendor
selection. The remaining responsibility for the contracting unit is to award the contract
by Resolution of the governing body.
31. Does “pay to play” apply to a cooperative purchasing lead agency when awarding a
contract?
Yes. The lead agency has met fair and open requirements through compliance with
cooperative purchasing rules. Contracts awarded by participating agencies, or
“members” pursuant to a local Cooperative Purchasing Contract are considered fair and
open because of the lead agency’s compliance, therefore the first few steps of the
contracting unit’s fair and open process are covered, i.e., advertising, establishing the
award criteria, opening of proposals and vendor selection. The remaining responsibility
for the cooperative contract “members” is to award the contract by Resolution of their
respective governing bodies and ensuring the contract documents reference the code
number of the issuing agency.
32 a. Is a quotation process for a “window” contract acceptable as a fair and open
contract?
No, because by definition a quotation does not satisfy the elements of a fair and open
process.
32 b. When obtaining quotes for a non-fair and open award, must the contracting unit
validate a vendor’s eligibility to receive a contract?
Yes, if the value exceeds $17,500, then the contracting unit or its designee must ensure
that the vendor is eligible to receive a non-fair and open award, i.e., the vendor made no
prohibited reportable contributions (see N.J.S.A. 19:44A-20.4 et seq.)
33a. Does the immediate procurement of goods or services necessitated by an emergency
require compliance with the reporting requirements of Chapter 19?
Yes. Chapter 19 provides exceptions from a formalized award process for emergencies
impacting the public health, safety and welfare, however, a report documenting the
emergency procedures followed shall be submitted to the Division of Local Government
Services. Details concerning this report are available on the Division’s website.
33b. Do the Pay-to-Play rules change if the procurement of goods or services classifies
as an “Exigency” but not an “Emergency?”
Yes. Other exigencies (those which do NOT affect the public health, safety and welfare
of the community) may be eligible for relief from Pay-to-Play as granted by the State
Treasurer. Please refer to the Division’s guidelines regarding the application of the
“Request for a Waiver of N.J.S.A. 19:44A-20.4 -- Pay-To-Play Exigency Request”
which may be found on the Division’s website on the Pay–to-Play resources page.
34. The governing body plans to award a professional services contract for legal services
and suggested two potential attorneys. Both individuals gave $1000.00 to the mayor’s
campaign committee in the last 12 months. The governing body chooses to follow a non-
fair and open process for the appointment of legal counsel. Does the effect of Pay-to-
Play differ for a solo practitioner versus a partner of a large firm, if both made a
reportable contribution to one of the town’s elected officials?
The solo would not be eligible under a non-“fair and open” as the individual holds more
than a 10% interest in the solo practice and made a “reportable contribution” in the prior
12 months. The partner in the national firm may be eligible if that partner controls less
than 10% of the national firm’s interests. Both individuals would still be required to
disclose the contribution on the firm’s PCD form but since the contract is with the firm
and not the individual partner the partner may be eligible if the partner’s share of control
is less than 10%.
35. A county must obtain property from private owners to widen county roads. The
property will be obtained following an eminent domain process. No other land than that
in question can satisfy the county’s needs in this case. Are those purchases subject to
Pay-to-Play?
As long as the county procures the property through an established legal process, such as
eminent domain, the intent of fair and open is satisfied, as it is a transparent and public
process. Similar to “state contracts”, “cooperative purchase agreements” and “eminent
domain” or anything subject to the “Local Lands and Buildings Law”, the board or
governing body still must publicly award the contract to satisfy the remaining
requirement of fair and open.
Chapter 271 Frequently Asked Questions
General
1. Given the sometimes confusing text of Chapter 271 and its relationship to Chapter 19,
what resources are available to local units to interpret the law?
Interpretations of Chapter 271 are facilitated by taking into consideration the two statutes,
their legislative history and the Governor’s “Statement upon Signing” S-1987 (Chapter
271). The guidance provided to local units by the Division of Local Government Services
takes these into account, along with guidance from the Division of Law.
Section 1 – Local Pay-to-Play Regulations
1. What local units are affected by Chapter 271?
Chapter 271 explicitly lists “county, municipality, independent authority, board of
education, or fire district” as those entities covered by the law. When considered within
the context of the intent of Chapter 19 and taking into account guidance provided by the
Division of Law, the Division of Local Government Services suggests that the laws must
be read consistently and broadly; including the broader Chapter 19 reference to county
and municipal “agencies and instrumentalities.” To the extent that Chapter 271 provides
for additional agencies, such as boards of education, they are only required to comply
with Chapter 271.
2. Under Chapter 271, can local units adopt local policies (ordinances or resolutions as
appropriate to the local unit) to supersede Chapter 19?
Yes, but only to the extent that the local policy does not conflict with the pay-to-play
themes provided in Chapters 19 and 271. Given the myriad of possible variations on the
themes of Chapter 19, each local unit must make its own decisions on how their
provisions relate to Chapter 19.
3. What is an example of where the “themes” of pay-to-play law could affect local pay-
to-play policies?
Some existing local ordinances substitute $500 for the reportable threshold over which
contributions may not be allowed for non-fair and open contracts, while Chapter 19 calls
for a $300 threshold. Local officials might conclude that such a difference is not
significant and therefore, consistent with pay-to-play themes. Similarly, local officials
might conclude that setting a “reportable” threshold of $2,600, the maximum contribution
allowed under ELEC law to a candidate committee, would be inconsistent with the
“themes”.
4. Does Chapter 271 require local pay-to-play policies to be filed with the State?
Yes. Any policy adopted by a local unit must be filed with the Secretary of State’s office.
Failure to file the policy does not void the policy, but could result in legal liability on the
part of the local unit for failing to follow the law.
5. Does Chapter 271 require Boards of Education to comply with Chapter 19?
No. Section 1 of Chapter 271 is permissive and Chapter 19 excludes Boards of
Education. Boards must, however, comply with Section 2 of Chapter 271.
6. What action is required to adopt local pay-to-play policies?
In the case of a municipality, an ordinance is required; for all other local units, a
resolution adopted by the governing body is appropriate.
Section 2 – Political Contribution Disclosure Certifications
1. Does Chapter 271 require Boards of Education to comply with any Pay-to-Play
disclosure requirements for contracting?
Yes. Section 2 specifically includes Boards of Education in the reporting requirements
for contracts not required by law to receive public bids. While not otherwise required to
comply with Chapter 19, Boards of Education may only avoid these form requirements
through voluntarily adhering to a “fair and open” process.
2. What contracts are affected by the Political Contribution Disclosure requirement of
Section 2?
Contracts over $17,500 that are not awarded pursuant to a fair and open process, i.e.,
those awarded pursuant to a non-fair and open” process. Boards of education should
refer to the definition of a fair and open process at N.J.S.A. 19:44A-20.7 to apply this
provision.
3. What must the governing body have on file to award a non-fair and open contract over
$17,500?
Anytime prior to award:
x a Business Entity Disclosure Certification (as required by Chapter 19 except for
schools); and
x a Political Contribution Disclosure Form (at least 10 days prior to award, as
required by Chapter 271) and,
x a Business Registration Certificate, and
x a Determination of Value, (except for schools).
4. What is the content of the Political Contribution Disclosure Form vendors must submit
at least 10 days prior to award of a non-fair and open contract award over $17,500?
The form submitted by the vendor must include all reportable political contributions
made during the twelve month period preceding the award of the contract. “Reportable
political contributions” are those defined as reportable, pursuant to ELEC’s guidelines in
N.J.S.A 19:44A-1 et seq. (the provisions of a local pay-to-play policy do not supersede
this requirement).
The entities for which the law requires that contributions must be disclosed include:
x any State, county, or municipal committee of a political party, any legislative
leadership committee, and,
x any candidate committee of a candidate for, holder of, an elective office of:
x the public entity
x that county in which that public entity is located
x another public entity within that county
x a legislative district in which that public entity is located
x when the public entity is a county, of any legislative district which includes all or
part of the county; and
x any continuing political committee.
The form shall include the date, dollar amount and named recipient of each contribution.
The Division has provided a model form on the Pay-to-Play website at
www.nj.gov/dca/lgs/p2p.
5. Does the immediate procurement of goods or services necessitated by an emergency
require compliance with the reporting requirements of Chapter 271?
No. Chapter 271 provides an exception for emergencies. Agencies covered under c. 19
are still required to comply with c. 19 rules pertaining to emergency and/or exigent
procurements.
6. Are Political Contribution Disclosure Statements required for banks, insurance
companies, and public utilities, as they are exempt from Chapter 19 non-fair and open
requirements?
Because PCDs reflect contributions made by partners, boards of directors, spouses, etc.,
they are required when contract awards are made to insurance companies and banks. For
banks, a contract is effectively awarded when the governing body passes a resolution
designating the bank as an official depository. The PCD would be required 10 days prior
to the passage of a depository designation resolution. ELEC rules can be consulted for
definition of the range of individuals that are required to report.
PCDs are not required for regulated public utility services, as the agency is required by
the Board of Public Utilities to use the utility. The governing body does not “award” a
contract to a specific utility, as the agency has no choice but to use the company. This
exception does not apply to non-regulated public utility services, such as non-tariffed
generated energy, or long-distance phone services where other procurement practices are
used.
7. Are not-for-profit groups required to fill out the c. 271 PCD form?
At this time this question is under review by State officials. This will be updated as soon as a
determination is made.(9/20/2007).
8. Are Chapter 271 PCD forms needed for all awards between $17,500 and an agency’s
bid threshold, or only those classified as non-fair and open?
Yes, a PCD form is required for non-fair and open awards in excess of $17,500, and
those in excess of an agency’s bid threshold based on Governor Codey's "Statement upon
Signing" noting that the requirement for the PCD covers all “non-fair and open”
contracts.
9. Are publishers who supply textbooks subject to the law?
Yes. The law does not provide a waiver for the procurement of textbooks and other
educational materials under Chapter 271. Boards of Education are not subject to Chapter
19 therefore no contractual prohibitions are applicable; however the disclosures under
Chapter 271 are still required.
Section 3 – Annual ELEC Filing
1. When do vendors have to file the “Section 3” contribution disclosure with ELEC
The Division has consulted with the Election Law Enforcement Commission concerning
the “Section 3” report required under Chapter 271. This section requires vendors that
receive, in the aggregate, more than $50,000 in public monies annually report political
contributions to ELEC.
The Commission’s rules have been adopted and are in effect (as of publication in the N.J.
Register on April 16, 1007) for the annual filing of “Form BE.”. The regulations for the
Annual Disclosures require submission by March 30th of each year covering contracts
and contributions for the prior calendar year. Delayed filing was authorized for the 2007
submission covering calendar year 2006, due to the timing of the adoption. The deadline
for 2007 is September 28, 2007. The instructions and form are on the ELEC website.
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