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Phone: 609.530.6355
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Fax: 609.530-6586
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Notices
Work Type Changes
Commissioner letter to all contractors
New work type approved
Public Law 2005, Chapter 51
(Formerly Executive Order 134)
Pay-to-Play Restrictions - NEW (effective 11/15/08)
Business Registrations
Revision to contractor classification and
consultant prequalifications
New bidding and contracting requirements
Your contact information is needed
_________________________________________________
Work Type Changes 
Recent Work
Type Changes approved by Prequalification Committee (additions
are shown in yellow highlighted text and deletions is shown
strike out script) are available in Contractor's Financial
and Equipment Statement Form DC-74A (pdf
170k) or (doc
1,037k) (rev. 02/06).
__________________________________________________
Letter to all contractors
from Commissioner Lettiere
Regarding contractors working during hours not contractually
approved.
To All NJDOT Construction Contractors:
Recently we experienced another episode in which
motorists were unduly inconvenienced and unnecessarily exposed
to safety risks because a contractor was out on the road working
during hours not contractually approved. When these situations
occur, the motoring public is greatly inconvenienced. This
condition is unacceptable.
To address this problem, I have directed my staff at every
level to take all appropriate measures to minimize the impacts
of our construction activities on the motoring public. We
must demand that there be strict adherence by our contractors
to the hours of work specified in their contracts and, when
necessary, we will impose the penalties established for noncompliance.
There will be a zero tolerance for deviations from approved
work hours and exceptions will be granted only under extreme
emergency situations.
Thank you for your attention to this and I look forward to
your cooperation.
Sincerely,
Jack Lettiere
Commissioner
_________________________________________________
New Work Type Approved
The prequalification committee has approved a new work type.
This work type is Environmental Dredging (40).
40-Environmental Dredging-This work shall consist of removal
of contaminated sediment from a body of water using precision
equipment and material handling technique with minimal resuspension.
The equipment may include mechanical, hydraulic, pneumatic,
and hybrid dredges and methods with sufficient operational
control to meet requirements.
This new work type has been added in anticipation of the
contract to be bid early this year. The Lower Passaic River
Remediation and Restoration Feasibility Study, implemented
by NJDOT, USEPA and USACE, is conducting an Environmental
Dredging and Treatability Pilot anticipated summer/fall 2005.
Approximately 5,000 cy of material from a 1-acre area (3-ft
depth) will be removed and transported to several permitted
management facilities within the NY/NJ Harbor. The primary
objectives of the dredging demonstration project are to collect
data on resuspension production, release, and, export rates
in order to perform a mass balance. In addition, equipment
performance, dredging production rates, turbidity levels,
and engineering controls will be evaluated.
We hope that you consider responding to the request for proposals
and bid package to be advertised by NJDOT. In order to submit
a bid proposal and be considered to implement this highly
visible demonstration project, your company must be pre-qualified
with NJDOT for the category of Environmental Dredging, (40).
International dredging firms are encouraged to participate;
however, the firm must partner with a US company to meet Jones
Act requirements.
Please view our prequalification
requirements and submit Form
DC-74A - Contractor's Financial and Equipment Statement Experience
Questionnaire and Past Performance Record (pdf
106k) for consideration. Please go to www.ourpassaic.org
for information about the project. If you have specific questions,
please feel free to contact:
Lisa A. Baron
OMR/NJDOT Project Manager
Passaic River Restoration Project
Phone: 609-530-4779
Fax: 609-530-4860
_________________________________________________
Public Law 2005, Chapter 51 - (Formerly Executive Order 134)
Executive Order 134 was superseded by Public Law 2005, c. 51, signed into law on March 22, 2005. The Executive Order, and the
subsequent legislation, contain additional restrictions and reporting requirements that will necessitate a through review of the
provisions.
On September 22, 2004, Governor James E. McGreevey signed Executive
Order No. 134, which, among other things, imposes new restrictions
on State departments, agencies and authorities to insulate the
negotiation and award of State contracts from political contributions
that pose the risk of improper influence, purchase of access
or the appearance thereof. It is essential that the public
have confidence that the selection of State contractors is based
on merit and not on the political contributions made by such
contractors. To that end, Executive
Order No. 134 prohibits State departments, agencies and
authorities from entering into a contract that exceeds $17,500
with an individual or entity that has made a political contribution
to a candidate committee and/ or election fund of any candidate
or holder of the public office of Governor, or to any State
or County political party committee. Executive Order 134
further requires the disclosure of all contributions to any
political organization organized under section 527 of the Internal
Revenue Code that also meets the definition of a "continuing
political committee" within the meaning of N.J.S.A. 19:44A-3
(n) and N.J.A.C. 19:25-1.7.
Effective October 26, 2005, Pursuant
to Public Law 2005, c. 51 (formerly Executive
Order No. 134), all New Jersey and out of State consultants
must provide a completed, signed
Public Law 2005, c. 51 (formerly Executive Order No. 134) Certification. The certification
must be submitted by the firm with its technical proposal,
for 100% State Funded solicitations ONLY, at the time of proposal
closing. Failure by a firm to submit a certification with
its proposal for any 100% State Funded project will result
in the proposal NOT being evaluated further by the Department.
This applies to prime consultants only. The firm selected
by the Department to perform this work will be required to
file a
Disclosure of Political Contributions.
Public Law 2005, Chapter 51 also affects 100% State Funded projects
for which the Department has selected a firm to provide the
desired design or service but is without an executed agreement
as of 10/15/04. Contributions made on or after 10/15/04 may
jeopardize your firms' participation on 100% State Funded
projects for which you were selected.
Information and forms pertaining to Public Law 2005, Chapter 51 may be obtained at
the
NJ Department of Treasury, Division of Purchase and Property.
_________________________________________________
IMPORTANT NOTICE
NEW "PAY-TO-PLAY" RESTRICTIONS TO TAKE EFFECT NOVEMBER 15, 2008
Governor Jon S. Corzine recently signed Executive Order No. 117, which is designed to enhance New Jersey's efforts to protect the integrity of government contractual decisions and increase the public's confidence in government. The Executive Order builds on the provisions of P.L. 2005, c. 51 ("Chapter 51"), which limits contributions to certain political candidates and committees by for-profit business entities that are, or seek to become, State government vendors.
Executive Order No. 117 extends the provisions of Chapter 51 in two ways:
- The definition of "business entity" is revised and expanded so that contributions by the following individuals also are considered contributions attributable to the business entity:
- Officers of corporations and professional services corporations, with the term "officer" being defined in the same manner as in the regulations of the Election Law Enforcement Commission regarding vendor disclosure requirements (N.J.A.C. 19:25-26.1), with the exception of officers of non-profit entities;
- Partners of general partnerships, limited partnerships, and limited liability partnerships and members of limited liability companies (LLCs), with the term "partner" being defined in the same manner as in the regulations of the Election Law Enforcement Commission regarding vendor disclosure requirements (N.J.A.C. 19:25-26.1); and
- Spouses, civil union partners, and resident children of officers, partners, LLC members and persons owning or controlling 10% or more of a corporation's stock are included within the new definition, except for contributions by spouses, civil union partners, or resident children to a candidate for whom the contributor is eligible to vote or to a political party committee within whose jurisdiction the contributor resides.
- Reportable contributions (those over $300.00 in the aggregate) to legislative leadership committees, municipal political party committees, and candidate committees or election funds for Lieutenant Governor are disqualifying contributions in the same manner as reportable contributions to State and county political party committees and candidate committees or election funds for Governor have been disqualifying contributions under Chapter 51.
Executive Order No. 117 applies only to contributions made on or after November 15, 2008, and to contracts executed on or after November 15, 2008.
Updated forms and materials are currently being developed and will be made available on the website as soon as they are available. In the meantime, beginning November 15, 2008, prospective vendors will be required to submit, in addition to the currently required Chapter 51 and Chapter 271 forms, the attached Certification of Compliance with Executive Order No. 117.
_________________________________________________
Business Registrations
Effective September 1, 2004, pursuant
to P.L. 2004, c.57, all New Jersey and out of State contractors
must obtain a Business Registration Certificate (BRC) from the
Department of the Treasury, Division of Revenue prior to conducting
business with the Department. A copy of the BRC must be submitted
by a bidder at the time of bid with its bid proposal for 100%
State funded projects, including this project. A copy of the
BRC need not be provided with the bid for Federally aided
projects, but shall continue be provided by the successful bidder
prior to contract execution. Failure by a bidder to submit a
copy of a valid BRC with its bid for this project which is 100%
State funded will result in rejection of the bid as being materially
non-responsive. Questions regarding how to obtain a BRC
can be directed to the Division of Revenue at (609) 292-1730.
The business registration form (Form NJ-REG) can be found online
at The Department of Treasury
- Business Registration or The
Division of Revenue - Getting Registered.
_________________________________________________
Revisions to the statutes
governing contractor classification and consultant prequalification
Revisions to the statutes governing Contractor Classification
and Consultant Prequalification were effectuated by PL 2003,
c.117. This new law was enacted on July 1, 2003 and became effective
immediately. The revisions are as follows:
Contractor
Classification -- New fee
N.J.S.A. 27:7-35.3 has been amended mandating that a fee of
$100.00 be remitted each time a contractor classification
application (new or renewal) is submitted.
In accordance with the above statute, when a
firm submits a new or renewal application for Contractor Classification
(Form DC-74A) to the Department of Transportation, the firm
must include a company check, cashier’s check, or money order
in the amount of $100.00 payable to "Treasurer, State
of New Jersey." No application will be processed until
the company check, cashier’s check or money order is received.
Consultant
Prequalification -- New fee
N.J.S.A. 52:34-9.3 has been amended mandating that a fee of
$100.00 be remitted each time a professional firm submits
a consultant prequalification application (new or renewal).
In accordance with the above statute, when a
firm submits a new or renewal application for Consultant Prequalification
(Form PS-07) to the Department of Transportation, the firm
must include a company check, cashier’s check or money order
in the amount of $100.00 payable to "Treasurer, State
of New Jersey." No application will be processed until
the company check, cashier’s check or money order is received.
___________________________________________
New bidding and contracting requirements
(Public Works Contractor Registration)
The “Public Works Contractor Registration
Act” (PWCRA), N.J.S.A. 34:11-56.48 et seq., has been amended
by PL 2003, c. 91, effective August 16, 2003. The statutory
changes affect all contractors (including subcontractors and
lower tier subcontractors) who bid on or enter into NJDOT contracts
that are subject to the “New Jersey Prevailing Wage Act.”
To ensure compliance with the new law, all contractors intending
to bid or perform on NJDOT contracts must be registered with
the New Jersey Department of Labor, Division of Wage and Hour
Compliance. (Wage & Hour phone: 609-292-9464 or 609-292-0101).
Contractors that are not currently registered are advised to
register as soon as possible, so that their ability to bid on
or perform work on NJDOT contracts is not affected.
Visit the the Department
of Labor web site for registration information.
Contractors should take special
note of the following requirements:
Bidding: Effective August 16, 2003,
bidders must be registered with the Dept. of Labor, Wage &
Hour Compliance, in accordance with N.J.S.A. 34:11-56.48 et
seq., at the time of bid for 100% State Funded Projects and
by the time of contract execution for Federally aided projects.
Failure to have valid, current registration at the time required
shall cause rejection of the bid. Bidders should include proof
of valid, current registration in the bid envelope.
Subcontracting -subcontractors (including
lower tier subcontractors) must be registered with the Dept.
of Labor, Wage & Hour Compliance, in accordance with N.J.S.A.
34:11-56.48 et seq., prior to performing any work on NJDOT
contracts. Contractors must attach to the “Request for Sublet
Approval” (Form DC-18) proof of the subcontractor’s valid,
current Dept. of Labor registration. The Department will not
consent to the proposed subcontracting, and the subcontractor
shall not perform any work under the Contract, unless the
required proof of the subcontractor’s registration is first
provided. Contractors should ensure full compliance with the
PWCRA registration requirements by their subcontractors.
Existing NJDOT Contracts - all contractors
(including subcontractors and lower tier subcontractors) who
are performing public work for NJDOT on August 16, 2003, if
not currently registered with the Dept. of Labor, will be
required to become registered with the Dept. of Labor by September
15, 2003.
Proof of valid, current registration should be submitted to
NJDOT, Bureau of Construction Services, Procurement Division,
1035 Parkway Avenue, Trenton, NJ 08625.
_________________________________________________
All prequalified
design consultants
Please forward your current
e-mail address
along with your firm's contact information to:
PSPD@dot.state.nj.us
All prequalified
contractors
Please forward your current
e-mail address
along with your firm's contact information to:
CSPD@dot.state.nj.us
We are continuously updating our vendor data bases.
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