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Request For Proposal Residential Composting Collection Services
BID #: 42
ISSUED: 3/25/2026
DUE: 4/21/2026
VALUE: TBD
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Executive Summary
The Borough of New Providence is soliciting proposals for Residential Composting Collection Services. The selected vendor will be responsible for providing voluntary residential curbside composting collection, including source-separated organic waste, and its processing in accordance with NJDEP and Union County Solid Waste Management Plan requirements. A key aspect of this RFP is that the vendor will bill residents directly, with the Borough bearing no subscription cost or financial obligation and not guaranteeing participation levels or revenue.
Proponents must demonstrate qualifications and experience in waste management, including relevant licensing, NJDEP registration, and A-901 disclosure. Key operational requirements include weekly or bi-weekly curbside pickup, provision of containers to subscribers, and transportation to licensed composting facilities. Required insurance coverage includes $1,000,000/$2,000,000 Commercial General Liability, $1,000,000 Automobile Liability, and Workers’ Compensation.
Proposals are due by 10:00 AM on Tuesday, April 21, 2026. Submissions must include a cover letter, company profile, detailed service and pricing plans, customer service and education plans, references, and various required compliance forms. Proposals should be submitted to the Borough Clerk via sealed envelope and email. The contract term will be for one year, with two potential one-year renewals based on satisfactory performance.
Web Content
Bid Postings • REQUEST FOR PROPOSAL RESIDENTIAL COMPOSTING C Skip to Main Content Create a Website Account - Manage notification subscriptions, save form progress and more. Website Sign In Government Services Community How Do I... Search Home Bid Postings Print Sign up to receive a text message or email when new bids are added! Print Bid Title: REQUEST FOR PROPOSAL RESIDENTIAL COMPOSTING COLLECTION SERVICES Category: Request for Proposal Status: Closed Description: The Borough of New Providence (“Borough”), County of Union, State of New Jersey, invites sealed proposals for the provision of Residential Composting Collection Services pursuant to the Local Public Contracts Law, N.J.S.A.40A:11-1 et seq. Publication Date/Time: 3/25/2026 12:00 AM Closing Date/Time: 4/21/2026 10:00 AM Related Documents: Composting Collection Services RE-BID Return To Main Bid Postings Page Live Edit Forms & Documents Garbage / Recycling Online Business & Payments Community Activities Contact Us Notify Me® Public Notices Facebook Instagram Contact Us 360 Elkwood Avenue New Providence, NJ 07974 Phone: 908-665-1400 Fax: 908-665-9272 Regular Hours: Monday through Friday 8:30 AM to 4:30 PM Summer Hours: Friday before Memorial Day - Labor Day Monday through Thursday 8:30 AM - 4:30 PM Friday 8:30 AM - 1:00 PM Quick Links Smart 911 Links & Resources Property Information FAQs Calendar Film Ready /QuickLinks.aspx Helpful Links Home Site Map Contact Us (Directory) Accessibility Disclaimer Terms of Use & Privacy Policy /QuickLinks.aspx Government Websites by CivicPlus® Loading Loading Do Not Show Again Close Arrow Left Arrow Right [] Slideshow Left Arrow Slideshow Right Arrow
Document Text
--- Document: Composting Collection Services RE-BID ---
1
REQUEST FOR PROPOSAL
RESIDENTIAL COMPOSTING COLLECTION SERVICES
Borough of New Providence
360 Elkwood Avenue
New Providence, NJ 07974
Due Date: Tuesday, April 21, 2026
The Borough of New Providence (“Borough”), County of Union, State of New Jersey, invites sealed proposals for the
provision of Residential Composting Collection Services pursuant to the Local Public Contracts Law, N.J.S.A.
40A:11-1 et seq. Proposals should be submitted to the Borough Clerk, in the Municipal Center located at 360
Elkwood Avenue, New Providence, New Jersey 07974 and via email (clerk@newprov.us) by 10:00 AM on Tuesday,
April 21, 2026, at which time they will be publicly opened and read.
The services sought are voluntary residential curbside composting collection services where the vendor bills residents
directly and the Borough bears no subscription cost or financial obligation.
PURPOSE OF REQUEST
The Borough seeks to expand its solid waste diversion initiatives and support sustainable waste management. This
RFP is to designate a qualified firm (“Respondent”) to provide reliable, environmentally sound composting services
to Borough residents, including collection of source-separated organic waste and processing in accordance with
applicable NJDEP and Union County Solid Waste Management Plan requirements.
New Providence is a 3.7 square mile Borough in Union County with approximately 13,650 residents and 4,944
households.
The successful candidate will demonstrate qualifications, experience and abilities to perform the scope of work
detailed in this Request for Proposal.
SCOPE OF SERVICES
A. General Requirements
The successful Respondent shall:
• Provide curbside collection of source-separated organic waste (food scraps, compostable paper, etc.) from
participating households.
• Offer subscription services directly to residents.
• Provide all labor, equipment, vehicles, containers, insurance, administration, and billing.
• Comply with all federal, state, and local requirements, including NJDEP regulations.
B. Collection
• Weekly or bi-weekly curbside pickup.
• Service to single-family and, where feasible, small multi-family households.
• Containers (curbside bins, kitchen pails) provided to subscribers.
2
C. Materials
At a minimum, the program will accept:
• Food scraps (produce, meat, dairy, etc.)
• Food-soiled paper
• Compostable packaging (if NJDEP allowed. Vendor must provide acceptable/prohibited material lists.
D. Processing
• Transport to a NJDEP licensed composting or organic processing facility.
• No disposal in landfill outside NJDEP-approved methods.
• Must comply with Union County Solid Waste Management Plan.
BOROUGH RESPONSIBILITIES
The Borough will:
• Authorize service provision within municipal boundaries.
• Promote the program via Borough communication channels if requested.
• Coordinate logistics with its Departments.
The Borough does not guarantee any level of participation or revenue.
TERM OF CONTRACT
The contract term will be for one (1) year, with up to two (2) optional one-year renewals, subject to Borough
Council approval and satisfactory performance.
VENDOR QUALIFICATIONS & NJ COMPLIANCE
Respondent must demonstrate:
A. Licensing & Permits
•
NJDEP solid waste or recycling registration (as applicable).
•
Compliance with N.J.A.C. 7:26 and other NJDEP regulations.
B. A-901 Disclosure
•
Must submit Business Entity Disclosure (A-901) as required by N.J.S.A. 13:1E-126.
C. Insurance
Certificates evidencing:
•
Commercial General Liability – $1,000,000/occurrence; $2,000,000 aggregate
•
Automobile Liability – $1,000,000
•
Workers’ Compensation (NJ law). Borough shall be listed as Additional Insured where appropriate.
3
PROPOSAL CONTENTS & SUBMISSION REQUIREMENTS
Proposals must contain:
1. Cover Letter
o Signed by authorized officer
2. Company Profile
o Contact info, years in business, relevant experience
3. Service Plan
o Containers, routes, collection days
o Acceptable / prohibited materials
4. Pricing Plan
o Resident subscription fees
o Billing structure
5. Customer Service Plan
6. Education & Outreach Plan
7. References
o At least three (3) similar contracts
8. Required Forms
o Bid Forms Section (See Below)
Submit one original and 1 copy in sealed envelope clearly marked in addition to sending an emailed copy to
clerk@newprov.us : “Proposal – Residential Composting Collection Services”
PROPOSAL EVALUATION CRITERIA
Proposals will be evaluated based on:
• Completeness & responsiveness
• Experience & qualifications
• Price competitiveness for residents
• Customer service
• Compliance with NJDEP regulations & Union County Plan
• References and past performance
BID FORMS
• Respondent must submit the following forms:
• A. Affirmative Action Compliance
o ☐ Copy of NJ Affirmative Action Employee Info Report OR
☐ Form AA-302
• B. Non-Collusion Affidavit
o Signed and notarized
4
• C. Disclosure of Investment Activities in Iran
o N.J.S.A. 52:32-58
• D. Political Contribution Disclosure
o Compliance with NJ “Pay-to-Play” laws
• E. Business Entity Disclosure (A-901)
o N.J.S.A. 13:1E-126
• F. Ownership Disclosure
o N.J.S.A. 52:25-24.2
NJ STANDARD CONTRACT CONDITIONS
•
Local Public Contracts Law applies
•
Award by Borough Council resolution
•
Execution of formal contract required
•
Proposal constitutes offer; Borough not obligated to award
•
All costs borne by Respondent
UNION COUNTY & NJDEP COMPLIANCE EXHIBITS
A. Union County Solid Waste Plan Conformance
Respondent must certify that its program does not conflict with the Union County Solid Waste Management Plan,
including flow control requirements.
Processing facilities must be consistent with County plan.
TONNAGE REPORTING REQUIREMENTS (EXHIBIT A)
Respondent shall submit quarterly reports in Borough-approved format (e.g., the provided Excel template)
containing:
•
Reporting Period (Quarter/Year)
•
Participating Households
•
Total Pounds Collected
•
Total Tons (auto-converted)
•
Facility Name, County, NJDEP Permit
•
Processing Method
Annual roll-up summary must match NJDEP Recycling Tonnage Report structure.
Certification:
“I certify that the information contained is true, accurate, and based on verifiable records.”
(Signature, Title, Date)
5
BID SUBMISSION CHECKLIST
☐ Proposal Narrative
☐ Pricing Section
☐ References
☐ Affirmative Action Documentation
☐ Non-Collusion Affidavit
☐ Iran Disclosure
☐ Political Contribution Disclosure
☐ A-901
☐ Ownership Disclosure
☐ Insurance Certificates
☐ Exhibit A – Tonnage Reporting Plan
EXHIBIT A – ORGANIC WASTE TONNAGE REPORTING FORM
(Use provided Excel template aligned with NJDEP & Union County requirements)
Fields include:
•
Borough, County
•
Contractor
•
Reporting Period
•
Households Served
•
Total Pounds Collected
•
Total Tons (auto)
•
Facility Info (Name, NJDEP Permit, County)
•
Processing Method
•
Certification Block
RFP AWARD
The Borough may or may not award a contract as a result of this Request for Services. If awarded, the successful
vendor will be required to comply with N.J.S.A. 19:44A-20.1 et seq. (Pay-to-Play); N.J.S.A. 10:5-31 et seq. and
N.J.A.C. 17:27 (Affirmative Action); 42 USC S12101 et seq. (Americans w/ Disabilities Act); N.J.S.A. 52:3244
(Business Registration), and any subsequent amendments thereto, and the Borough’s insurance requirements on page
two (2) of this Request for Services.
CONTRACT TERM
This contract shall be for a period of one (1) year from the date of award.
Interested applicants should submit proposals no later than 10:00 AM on Tuesday, April 21, 2026 to:
Denise Brinkofski, Borough Clerk
Borough of New Providence
360 Elkwood Avenue
2nd Floor, Clerk’s Office
New Providence, NJ 07974
6
BOROUGH OF NEW PROVIDENCE
REQUIRED DOCUMENTS
All documents in this section shall be completed, signed and submitted with the proposal package.
7
To be completed, signed and returned with Proposal.
AFFIRMATIVE ACTION QUESTIONNAIRE
This form is to be completed and returned with the proposal. However, the Borough will accept in lieu of this Questionnaire,
Affirmative Action Evidence Employee Information Report stapled to this page.
1. Our company has a federal Affirmative Action Plan approval. Yes No
If yes, please attach a copy of the plan to this questionnaire.
2. Our company has a N.J. State Certificate of Employee Information Report Yes No
If yes, please attach a copy of the certificate to this questionnaire.
3. If you answered “NO” to both questions No. 1 and 2, you must apply for an Affirmative Action
Employee Information Report – Form AA302.
Please visit the New Jersey Department of Treasury website for the Division of Public Contracts Equal Employment
Opportunity Compliance:
www.state.nj.us/treasury/contract compliance/
a. Click on “Employee Information Report”
b. Complete and submit the form with the appropriate payment to:
Department of Treasury
Division of Public Contracts/EEO Compliance
P.O. Box 209
Trenton, NJ 08625-0002
All fees for this application are to be paid directly to the State of New Jersey. A copy shall be submitted to the Borough
within seven (7) days of the notice of the intent to award the contract or the signing of the contract.
I certify that the above information is correct to the best of my knowledge.
Name: __________________________________________________________________
Signature _______________________________________________________________
Title ___________________________________________ Date _____________________
Name of Company__________________________________________________________
Address __________________________________________________________________
City, State, Zip _____________________________________________________________
8
Prohibited Russia-Belarus Activities & Iran Investment Activities
Person or
Entity
Part 1: Certification
COMPLETE PART 1 BY CHECKING ONE OF THE THREE BOXES BELOW
Pursuant to law, any person or entity that is a successful bidder or proposer, or otherwise proposes to enter
into or renew a contract, for goods or services must complete the certification below prior to contract award
to attest, under penalty of perjury, that neither the person or entity, nor any parent entity, subsidiary, or
affiliate, is identified on the Department of Treasury's Russia-Belarus list or Chapter 25 list as a person or
entity engaging in prohibited activities in Russia, Belarus or Iran. Before a contract for goods or services
can be amended or extended, a person or entity must certify that neither the person or entity, nor any parent
entity, subsidiary, or affiliate, is identified on the Department of Treasury's Russia-Belarus list. Both lists
are found on Treasury’s website at the following web addresses:
https://www.nj.gov/treasury/administration/pdf/RussiaBelarusEntityList.pdf
www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf.
As applicable to the type of contract, the above-referenced lists must be reviewed prior to completing the
below certification.
A person or entity unable to make the certification must provide a detailed, accurate, and precise description
of the activities of the person or entity, or of a parent entity, subsidiary, or affiliate, engaging in prohibited
activities in Russia or Belarus and/or investment activities in Iran. The person or entity must cease engaging
in any prohibited activities and provide an updated certification before the contract can be entered into.
If a vendor or contractor is found to be in violation of law, action may be taken as appropriate and as may
be 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.
CONTRACT AWARDS AND RENEWALS
I certify, pursuant to law, that neither the person or entity listed above, nor any parent
entity, subsidiary, or affiliate appears on the N.J. Department of Treasury’s lists of
entities engaged in prohibited activities in Russia or Belarus pursuant to P.L. 2022,
c. 3 or in investment 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.
(Skip Part 2 and sign and complete the Certification below.)
9
CONTRACT AMENDMENTS AND EXTENSIONS
I certify, pursuant to law, that neither the person or entity listed above, nor any parent
entity, subsidiary, or affiliate is listed on the N.J. Department of the Treasury’s lists
of entities determined to be engaged in prohibited activities in Russia or Belarus
pursuant to P.L. 2022, c. 3. 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. (Skip Part 2 and sign and complete the Certification below.)
IF UNABLE TO CERTIFY
I am unable to certify as above because the person or entity and/or a parent entity,
subsidiary, or affiliate is listed on the Department's Russia-Belarus list and/or
Chapter 25 Iran list. I will provide a detailed, accurate, and precise description of the
activities as directed in Part 2 below, and sign and complete the Certification below.
Failure to provide such will prevent the award of the contract to the person or entity,
and appropriate penalties, fines, and/or sanctions will be assessed as provided by
law.
Part 2: Additional Information
PLEASE PROVIDE FURTHER INFORMATION RELATED TO PROHIBITED ACTIVITIES IN
RUSSIA OR BELARUS AND/OR INVESTMENT ACTIVITIES IN IRAN.
You must provide a detailed, accurate, and precise description of the activities of the person or entity, or of
a parent entity, subsidiary, or affiliate, engaging in prohibited activities in Russia or Belarus and/or
investment activities in Iran in the space below and, if 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 Borough of New Providence is relying on the information contained herein and
hereby acknowledge that I am under a continuing obligation from the date of this certification through the
completion of any contracts with the Borough of New Providence to notify the Borough of New Providence
in writing of any changes to the answers of information contained herein.
I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation
in this certification. If I do so, I recognize that I am subject to criminal prosecution under the law and that it
will also constitute a material breach of my agreement(s) with the Borough of New Providence and that the
Borough of New Providence at its option may declare any contract(s) resulting from this certification void
and unenforceable.
Full Name (Print)
Title
Signature
To be completed, signed and returned with Proposal.
NON-COLLUSION AFFIDAVIT
STATE OF ________________________
COUNTY OF ______________________
I, ____________________________________ of the City of ____________________________
in the County of __________________________ and the State of _________________________
of full age, being duly sworn according to law on my oath depose and say that:
I am____________________________________ of the firm of
__________________________________
Position in Company
and the company making the Proposal for the above names contract, and that I executed the said
Proposal with full authority so to do; that I have not, directly or indirectly, entered into any agreement,
participated in any collusion, discussed any or all parts of this proposal with any potential submitters, or
otherwise taken any action in restraint of free, competitive bidding, and that all statements contained in
said Proposal and in this affidavit are true and correct, and made with full knowledge that the Borough
of New Providence relies upon the truth of the statements contained in said Proposal and in the
statements contained in this affidavit in awarding the contract.
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 employees of bona fide established commercial or selling agencies
maintained by
__________________________________________________________________________
(Print Name of Contractor/Vendor)
Subscribed and sworn to: __________________________________________________________
(SIGNATURE OF CONTRACTOR/VENDOR)
before me this _______ day of _______________________,
.
Month
Year
_____________________________ _____________________________
NOTARY PUBLIC SIGNATURE
Print Name of Notary Public
My commission expires ______________________ _________________, ________. Seal
To be completed, signed and returned with Proposal.
STOCKHOLDER/PARTNERSHIP DISCLOSURE AND STATEMENT OF OWNERSHIP
Please check one type of Ownership, complete the form, and execute where provided.
Corporation--
Limited Partnership--
Partnership--
Limited Liability Corp.--
Sole Proprietorship--
Limited Liability Partnership--
Sub Chapter S Corp.--
Other-_________________
No corporation “or partnership” shall be awarded any contract nor shall any agreement be entered into
for the performance of any work or the furnishing of any material or supplies, the cost of which is to be
paid with or out of any public funds, by the State or any county, municipality or school district, or any
subsidiary or agency of the State, or by an authority, board or commission which exercises governmental
functions, unless prior to the receipt of the bid or accompanying the bid of said corporation or said
partnership, there is submitted a statement setting forth the names and all individual partners in the
partnership who own a 10% or greater interest therein, as the case may be.” If one or more such
stockholder “or partner” is itself a corporation “or partnership”, the stockholder holding 10% or more of
that corporation “or partnership” the individual partners owning 10% or greater interest in that
partnership, as the case may be, shall also be listed. The disclosure shall be, continued until names
and addresses of every non-corporate stockholder, and individual partner, exceeding the 10%
ownership criteria established in this act, has been listed.
IT IS MANDATORY THAT THIS FORM BE COMPLETED AND SUBMITTED WITH BID. In the event
that there are no persons who own ten percent or more of the stock or ownership of the bidder, then
such fact should be certified below as part of this disclosure.
Name of Company _______________________________________________
Address _________________________________________________________
City, State, Zip __________________________________________________
List of Owners with Ten Percent (10%) or More Interest
Owner’s Name
Home Address
Title/Office Held
Percent (%) of
Partnership
Shares Owned
NOTE: If you need more space than that provided above, please use an extra sheet for furnishing the
above required information for any remaining persons or entities.
Signature ________________________________________ Date__________________________
To be completed, signed and returned with Proposal.
STOCKHOLDER/PARTNERSHIP DISCLOSURE AND STATEMENT OF OWNERSHIP (cont.)
If your firm is not a corporation and/or partnership, please explain below how your firm is organized
and include a list of the various principals.
Our firm, ____________________________________________________________, is
organized
_________________________________________________________________________
_________________________________________________________________________
Names of Principals
Title
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
_________________________________________________________________________
Name of Company
Address
City, State, Zip
Authorized Agent
Title
SIGNATURE OF AUTHORIZED AGENT
To be completed, signed and returned with Proposal.
BOROUGH OF NEW PROVIDENCE
360 Elkwood Avenue
New Providence, NJ 07974
Chapter 271
Political Contribution Disclosure Form
(Contracts that Exceed $17,500.00)
Ref. N.J.S.A. 19:44A-20.26
The undersigned, being authorized and knowledgeable of the circumstances, does hereby certify that
______________________________________________________(Business Entity) has made the
following reportable political contributions to any elected official, political candidate or any political
committee as defined in N.J.S.A. 19:44-20.26 during the twelve (12) months preceding this award of
contract:
Reportable Contributions
Date of
Contribution
Amount of
Contribution
Name of Recipient
Elected Official/
Committee/Candidate
Name of
Contributor
The Business Entity may attach additional pages if needed.
__________________________________________________________________________
No Reportable Contributions (Please check () if applicable.)
I certify that _______________________________________ (Business Entity) made no reportable
contributions to any elected official, political candidate or any political committee as defined in N.J.S.A.
19:44-20.26.
Certification
I certify, that the information provided above is in full compliance with Public Law 2005—Chapter 271.
Name of Authorized Agent ___________________________________________________
Signature _________________________________ Title ___________________________
Business Entity_____________________________________________________________________
C. 271 POLITICAL CONTRIBUTION DISCLOSURE FORM
Contractor Instructions
Business entities (contractors) receiving contracts from a public agency that are NOT awarded
pursuant to a “fair and open” process (defined at N.J.S.A. 19:44A-20.7) are subject to the provisions of
P.L. 2005, c. 271, s.2 (N.J.S.A. 19:44A-20.26). This law provides that 10 days prior to the award of
such a contract, the contractor shall disclose contributions to:
• any State, county, or municipal committee of a political party
• any legislative leadership committee*
• any continuing political committee (a.k.a., political action committee)
• any candidate committee of a candidate for, or holder of, an elective office:
o
of the public entity awarding the contract
o
of that county in which that public entity is located
o
of another public entity within that county
o
or of a legislative district in which that public entity is located or, when the public entity is a county, of
any legislative district which includes all or part of the county
The disclosure must list reportable contributions to any of the committees that exceed $300 per
election cycle that were made during the 12 months prior to award of the contract. See N.J.S.A.
19:44A-8 and 19:44A-16 for more details on reportable contributions.
N.J.S.A. 19:44A-20.26 itemizes the parties from whom contributions must be disclosed when a
business entity is not a natural person. This includes the following:
•
individuals with an “interest” ownership or control of more than 10% of the profits or assets of a
business entity or 10% of the stock in the case of a business entity that is a corporation for profit
•
all principals, partners, officers, or directors of the business entity or their spouses
•
any subsidiaries directly or indirectly controlled by the business entity
•
IRS Code Section 527 New Jersey based organizations, directly or indirectly controlled by the
business entity and filing as continuing political committees, (PACs).
When the business entity is a natural person, “a contribution by that person’s spouse or child, residing
therewith, shall be deemed to be a contribution by the business entity.” [N.J.S.A. 19:44A-20.26(b)] The
contributor must be listed on the disclosure.
Any business entity that fails to comply with the disclosure provisions shall be subject to a fine
imposed by ELEC in an amount to be determined by the Commission which may be based upon the
amount that the business entity failed to report.
The enclosed list of agencies is provided to assist the contractor in identifying those public agencies
whose elected official and/or candidate campaign committees are affected by the disclosure
requirement. It is the contractor’s responsibility to identify the specific committees to which
contributions may have been made and need to be disclosed. The disclosed information may exceed
the minimum requirement.
The enclosed form, a content-consistent facsimile, or an electronic data file containing the required
details (along with a signed cover sheet) may be used as the contractor’s submission and is
disclosable to the public under the Open Public Records Act.
The contractor must also complete the attached Stockholder Disclosure Certification. This will assist
the agency in meeting its obligations under the law. NOTE: This section does not apply to Board
of Education contracts.
1 N.J.S.A. 19:44A-3(s): “The term "legislative leadership committee" means a committee established, authorized
to be established, or designated by the President of the Senate, the Minority Leader of the Senate, the Speaker of
the General Assembly or the Minority Leader of the General Assembly pursuant to section 16 of P.L.1993, c.65
(C.19:44A-10.1) for the purpose of receiving contributions and making expenditures.”
P.L. 2005, c.271
(Unofficial version, Assembly Committee Substitute to A-3013, First Reprint*)
AN ACT authorizing unit of local government to impose limits on political contributions by contractors and
supplementing Title 40A of the New Jersey Statutes and Title 19 of the Revised Statutes.
BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:
40A:11-51 1. a. A county, municipality, independent authority, board of education, or fire district is hereby
authorized to establish by ordinance, resolution or regulation, as may be appropriate, measures limiting the
awarding of public contracts therefrom to business entities that have made a contribution pursuant to P.L.1973,
c.83 (C.19:44A-l et seq.) and limiting the contributions that the holders of a contract can make during the term of a
contract, notwithstanding the provisions and parameters of sections 1 through 12 of P.L.2004, c.19 (C. 19:44A-20.2
et al.) and section 22 of P.L.1973, c.83 (C.19:44A-22).
b. The provisions of P.L.2004, c.19 shall not be construed to supersede or preempt any ordinance, resolution or
regulation of a unit of local government that limits political contributions by business entities performing or seeking
to perform government contracts. Any ordinance, resolution or regulation in effect on the effective date of P.L.2004,
c.19 shall remain in effect and those adopted after that effective date shall be valid and enforceable.
c. An ordinance, resolution or regulation adopted or promulgated as provided in this section shall be filed with the
Secretary of State.
19:44A-20.26 2. a. Not later than 10 days prior to entering into any contract having an anticipated value
in excess of $17,500, except for a contract that is required by law to be publicly advertised for bids, a State agency,
county, municipality, independent authority, board of education, or fire district shall require any business entity
bidding thereon or negotiating therefor, to submit along with its bid or price quote, a list of political contributions as
set forth in this subsection that are reportable by the recipient pursuant to the provisions of P.L.1973, c.83
(C.19:44A-l et seq.) and that were made by the business entity during the preceding 12 month period, along with
the date and amount of each contribution and the name of the recipient of each contribution. A business entity
contracting with a State agency shall disclose contributions to any State, county, or municipal committee of a political
party, legislative leadership committee, candidate committee of a candidate for, or holder of, a State elective office,
or any continuing political committee. A business entity contracting with a county, municipality, independent
authority, other than an independent authority that is a State agency, board of education, or fire district shall disclose
contributions to: any State, county, or municipal committee of a political party; any legislative leadership committee;
or any candidate committee of a candidate for, or holder of, an elective office of that public entity, of that county in
which that public entity is located, of another public entity within that county, or of a legislative district in which that
public entity is located or, when the public entity is a county, of any legislative district which includes all or part of
the county, or any continuing political committee.
The provisions of this section shall not apply to a contract when a public emergency requires the immediate
delivery of goods or services.
b. When a business entity is a natural person, a contribution by that person's spouse or child, residing therewith,
shall be deemed to be a contribution by the business entity. When a business entity is other than a natural person,
a contribution by any person or other business entity having an interest therein shall be deemed to be a contribution
by the business entity. When a business entity is other than a natural person, a contribution by: all principals,
partners, officers, or directors of the business entity or their spouses; any subsidiaries directly or indirectly controlled
by the business entity; or any political organization organized under section 527 of the Internal Revenue Code that
is directly or indirectly controlled by the business entity, other than a candidate committee, election fund, or political
party committee, shall be deemed to be a contribution by the business entity.
c. As used in this section:
"business entity" means a natural or legal person, business corporation, professional services corporation, limited
liability company, partnership, limited partnership, business trust, association or any other legal commercial entity
organized under the laws of this State or of any other state or foreign jurisdiction;
"interest" means the ownership or control of more than 10% of the profits or assets of a business entity or 10% of
the stock in the case of a business entity that is a corporation for profit, as appropriate; and
"State agency" means any of the principal departments in the Executive Branch of the State Government, and any
division, board, bureau, office, commission or other instrumentality within or created by such department, the
Legislature of the State and any office, board, bureau or commission within or created by the Legislative Branch,
and any independent State authority, commission, instrumentality or agency.
P.L. 2005, c271
Page 2
d. Any business entity that fails to comply with the provisions of this section shall be subject to a fine imposed by
the New Jersey Election Law Enforcement Commission in an amount to be determined by the commission which
may be based upon the amount that the business entity failed to report.
19:44A-20.13 3. a. Any business entity making a contribution of money or any other thing of value, including
an in-kind contribution, or pledge to make a contribution of any kind to a candidate for or the holder of any public
office having ultimate responsibility for the awarding of public contracts, or to a political party committee, legislative
leadership committee, political committee or continuing political committee, which has received in any calendar year
$50,000 or more in the aggregate through agreements or contracts with a public entity, shall file an annual disclosure
statement with the New Jersey Election Law Enforcement Commission, established pursuant to section 5 of
P.L.1973, c.83 (C.19:44A-5), setting forth all such contributions made by the business entity during the 12 months
prior to the reporting deadline.
b. The commission shall prescribe forms and procedures for the reporting required in subsection a. of this
section which shall include, but not be limited to:
(1) the name and mailing address of the business entity making the contribution, and the amount contributed
during the 12 months prior to the reporting deadline;
(2) the name of the candidate for or the holder of any public office having ultimate responsibility for the
awarding of public contracts, candidate committee, joint candidates committee, political party committee, legislative
leadership committee, political committee or continuing political committee receiving the contribution; and
(3) the amount of money the business entity received from the public entity through contract or agreement,
the dates, and information identifying each contract or agreement and describing the goods, services or equipment
provided or property sold.
c. The commission shall maintain a list of such reports for public inspection both at its office and through its
Internet site.
d. When a business entity is a natural person, a contribution by that person's spouse or child, residing
therewith, shall be deemed to be a contribution by the business entity. When a business entity is other than a natural
person, a contribution by any person or other business entity having an interest therein shall be deemed to be a
contribution by the business entity. When a business entity is other than a natural person, a contribution by:
all principals, partners, officers, or directors of the business entity, or their spouses; any subsidiaries directly or
indirectly controlled by the business entity; or any political organization organized under section 527 of the Internal
Revenue Code that is directly or indirectly controlled by the business entity, other than a candidate committee,
election fund, or political party committee, shall be deemed to be a contribution by the business entity.
As used in this section:
"business entity" means a natural or legal person, business corporation, professional services corporation,
limited liability company, partnership, limited partnership, business trust, association or any other legal commercial
entity organized under the laws of this State or of any other state or foreign jurisdiction; and
"interest" means the ownership or control of more than 10% of the profits or assets of a business entity or
10% of the stock in the case of a business entity that is a corporation for profit, as appropriate.
e. Any business entity that fails to comply with the provisions of this section shall be subject to a fine imposed
by the New Jersey Election Law Enforcement Commission in an amount to be determined by the commission which
may be based upon the amount that the business entity failed to report.
4. This act shall take effect immediately.
* Note: Bold italicized statutory references of new sections are anticipated and not final as of the time this document
was prepared. Statutory compilations of N.J.S.A. 18A:18A-51 is anticipated to show a reference to N.J.S.A. 40A:11-
51 and to N.J.S.A. 19:44A-20.26
APPENDIX A
AMERICANS WITH DISABILITIES ACT OF 1990
Equal Opportunity for Individuals with Disability
The contractor and the New Providence Board of Education (hereafter "owner") do hereby agree
that the provisions of Title 11 of the Americans With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121
01 et seq.), 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 there unto, are made a part of this contract. In providing any aid, benefit, or
service on behalf of the owner pursuant to this contract, the contractor agrees that the performance shall
be in strict compliance with the Act. In the event that 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 owner in any action or administrative proceeding commenced pursuant
to this Act. The contractor shall indemnify, protect, and save harmless the 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 owner's grievance procedure, the contractor
agrees to abide by any decision of the owner which is rendered pursuant to said grievance procedure.
If any action or administrative proceeding results in an award of damages against the owner, or if the
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 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 owner or any of its agents, servants, and employees,
the owner shall expeditiously forward or have forwarded to the contractor every demand, complaint,
notice, summons, pleading, or other process received by the owner or its representatives.
It is expressly agreed and understood that any approval by the 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 owner pursuant to this paragraph.
It is further agreed and understood that the 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 owner from taking any other actions available to it under any other provisions
of the Agreement or otherwise at law.
EXHIBIT B
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127)
N.J.A.C. 17:27
GOODS, PROFESSIONAL SERVICE 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, gender identity or expression, disability, nationality or sex.
Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that
equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are
treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status,
affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment
opportunity 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, gender identity or
expression, disability, nationality or sex.
The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a
notice, to be provided by the agency contracting officer, advising the labor union of the contractor's commitments under
this chapter 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 make good faith efforts to meet targeted county employment goals
established in accordance with 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, and labor unions, that it does not
discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual
orientation, gender identity or expression, disability, nationality 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 the targeted 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, gender identity or
expression, disability, nationality 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 (electronically provided by the Division and distributed to the public agency through the
Division’s website at www.state.nj.us/treasury/contract_compliance)
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase &
Property, CCAU, EEO Monitoring Program as may be requested by the office 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 Purchase & Property, CCAU, EEO Monitoring Program for conducting a compliance investigation pursuant to
Subchapter 10 of the Administrative Code at N.J.A.C. 17:27.
Revised: Jan.2016 13 | P a g e
INSTRUCTIONS FOR COMPLETING THE
EMPLOYEE INFORMATION REPORT (FORM AA302)
IMPORTANT: READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE FORM. PRINT OR TYPE ALL INFORMATION.
FAILURE TO PROPERLY COMPLETE THE ENTIRE FORM AND TO SUBMIT THE REQUIRED $150.00 NON-REFUNDABLE FEE MAY DELAY
ISSUANCE OF YOUR CERTIFICATE. IF YOU HAVE A CURRENT CERTIFICATE OF EMPLOYEE INFORMATION REPORT, DO NOT COMPLETE
THIS FORM UNLESS YOU ARE RENEWING A CERTIFICATE THAT IS DUE FOR EXPIRATION. DO NOT COMPLETE THIS FORM FOR
CONSTRUCTION CONTRACT AWARDS.
ITEM 1 - Enter the Federal Identification Number
assigned by the Internal Revenue Service, or if a Federal
Employer Identification Number has been applied for, or
if your business is such that you have not or will not
receive a Federal Employer Identification Number, enter
the Social Security Number of the owner or of one
partner, in the case of a partnership.
ITEM 2 - Check the box appropriate to your TYPE OF
BUSINESS. If you are engaged in more than one type of
business check the predominate one. If you are a
manufacturer deriving more than 50% of your receipts
from your own retail outlets, check “Retail”.
ITEM 3 - Enter the total “number” of employees in the
entire company, including part-time employees. This
number shall include all facilities in the entire firm or
corporation.
ITEM 4 - Enter the name by which the company is
identified. If there is more than one company name, enter
the predominate one.
ITEM 5 - Enter the physical location of the company.
Include City, County, State and Zip Code.
ITEM 6 - Enter the name of any parent or affiliated
company including the City, County, State and Zip Code.
If there is none, so indicate by entering “None” or N/A.
ITEM 7 - Check the box appropriate to your type of
company establishment. “Single-establishment
Employer” shall include an employer whose business is
conducted at only one physical location. “Multi-
establishment Employer” shall include an employer
whose business is conducted at more than one location.
ITEM 8 - If “Multi-establishment” was entered in item 8,
enter the number of establishments within the State of
New Jersey.
ITEM 9 - Enter the total number of employees at the
establishment being awarded the contract.
ITEM 10 - Enter the name of the Public Agency awarding
the contract. Include City, County, State and Zip Code.
This is not applicable if you are renewing a current
Certificate.
ITEM 11 - Enter the appropriate figures on all lines and in
all
columns. THIS SHALL ONLY INCLUDE EMPLOYMENT
DATA FROM THE FACILITY THAT IS BEING
AWARDED THE CONTRACT. DO NOT list the same
employee in more than one job category. DO NOT
attach an EEO-1 Report.
Racial/Ethnic Groups will be defined:
Black: Not of Hispanic origin. Persons having origin in
any of the Black racial groups of Africa.
Hispanic: Persons of Mexican, Puerto Rican, Cuban, or
Central or South American or other Spanish culture or
origin, regardless of race.
American Indian or Alaskan Native: Persons having
origins in any of the original peoples of North America,
and who maintain cultural identification through tribal
affiliation or community recognition.
Asian or Pacific Islander: Persons having origin in any
of the original peoples of the Far East, Southeast Asia,
the Indian Sub-continent or the Pacific Islands. This area
includes for example, China, Japan, Korea, the
Philippines Islands and Samoa.
Non-Minority: Any Persons not identified in any of the
aforementioned Racial/Ethnic Groups.
ITEM 12 - Check the appropriate box. If the race or
ethnic group information was not obtained by 1 or 2,
specify by what other means this was done in 3.
ITEM 13 - Enter the dates of the payroll period used to
prepare the employment data presented in Item 12.
ITEM 14 - If this is the first time an Employee Information
Report has been submitted for this company, check block
“Yes”.
ITEM 15 - If the answer to Item 15 is “No”, enter the date
when the last Employee Information Report was
submitted by this company.
ITEM 16 - Print or type the name of the person
completing the form. Include the signature, title and date.
ITEM 17 - Enter the physical location where the form is
being completed. Include City, State, Zip Code and
Phone Number.
TYPE OR PRINT IN SHARP BALL POINT PEN
THE VENDOR IS TO COMPLETE THE EMPLOYEE INFORMATION REPORT FORM (AA302) AND RETAIN A COPY FOR THE VENDOR’S
OWN FILES. THE VENDOR SHOULD ALSO SUBMIT A COPY TO THE PUBLIC AGENCY AWARDING THE CONTRACT IF THIS IS YOUR
FIRST REPORT; AND FORWARD ONE COPY WITH A CHECK IN THE AMOUNT OF $150.00 PAYABLE TO THE TREASURER, STATE
OF NEW JERSEY (FEE IS NON-REFUNDABLE) TO:
NJ Department of the Treasury
Division of Public Contracts Equal Employment Opportunity Compliance
P.O. Box 206
Trenton, New Jersey 08625-0206 Telephone No. (609) 292-5473
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