N.J. Admin. Code § 17:13-1.2
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.
"Bidder" means any individual or business entity submitting a proposal, quotation, or other offer to do business with the State of New Jersey.
"Bidding threshold" means the dollar limit placed on all public contracting agencies pursuant to 52:34-7 to establish when public advertisement of bids is required.
"Construction contract" means any contract to which the State or any State contracting agency is a party involving any construction, renovation, reconstruction, rehabilitation, alteration, conversion, extension, or demolition of or repair or other changes or improvements of any kind whatsoever to any State public structure or facility. The term also includes contracts for consultant services, supervision, inspection, and other functions incidental to actual construction.
"Consultant" means an architect, engineer, construction manager, or other provider of technical and professional services in support of the design or construction project.
"Contractor" means any party under contract or agreement to provide goods and services, or design and/or construction services to the State of New Jersey.
"Cooperative purchasing" means an extension of certain State contracts awarded by the Division of Purchase and Property for the use of either local governing authorities, pursuant to 52:25-16.1 et seq., volunteer fire departments, volunteer first aid squads and rescue squads, pursuant to 52:25-16.2, county colleges, pursuant to 18A:64A-25.9(b), State colleges, pursuant to 18A:64-60, or quasi-State agencies, pursuant to 52:27B-56.1. Such an award is made as an adjunct to an award of a contract for State agency purchases.
"Delegated purchasing authority" means the authority of a State agency to award contracts below the bid threshold amount pursuant to authority delegated by the Director, Division of Purchase and Property (See N.J.S.A. 52:25-23 ) or for construction contracts pursuant to the authority delegated by the Director, Division of Property Management and Construction.
"Director" means the head of the Division of Revenue and Enterprise Services in the Department of the Treasury.
"Division of Property Management and Construction" or "DPMC" means the State agency within the Department of the Treasury, which provides a centralized design and construction contract procurement and administration service for other State agencies pursuant to N.J.S.A. 52:18A-151 et seq.
"Division of Purchase and Property" means the State agency within the Department of the Treasury which provides centralized procurement of goods and services for Executive Branch State agencies, pursuant to N.J.S.A. 52:27B-56.
"Division of Revenue and Enterprise Services" or "Division" means the Division in the Department of the Treasury that administers the registration of small business enterprises.
"Goal" means the statutorily determined percentage of contracting dollars awarded by each State contracting agency to small businesses in order to comply with the small business provisions of the Set-Aside Act. It further means the percentage of State contracting dollars that the State contracting agency makes a good faith effort to award to small businesses under Executive Order No. 84 (2006).
"Invitation for Bids" or "IFB" means the document issued by a State contracting agency to initiate an advertised bidding and contract award process, and includes Requests for Proposals (RFPs) and Requests for Quotations (RFQs). The IFB establishes the contract's terms and conditions, the product and/or service specifications, and the bidding eligibility to businesses approved as small business entities.
"Line item contract" means an award in which a specific one-time purchase of goods or services is established.
"Multi-source contract" means a term contract awarded by the Division of Purchase and Property wherein more than one vendor is awarded a contract in accordance with the provisions of 52:34-12.1.
"Premier Business Services" means online business services provided via the State's business website at www.newjerseybusiness.gov, which include tax filing and payment services for which a business must register as part of its small business application.
"Registration" means the process by which any small business or veteran-owned business can have its eligibility for participation in the Division's small business programs determined.
"Request for Proposals" or "RFP" means the document issued by a State contracting agency to initiate an advertised bidding and contract award process. (See the definition of "Invitation for Bids")
"Set-Aside Act" means the New Jersey Set-Aside Act for Small Businesses, Female Businesses, and Minority Businesses, P.L. 1983, c. 482; 52:32-17 et seq.
"Set-aside contract," for the purposes of construing and applying the rules in this chapter only, means a contract, specifically designated by a contracting agency, in whole or in part, for award to a small business either at a prime or subcontract level.
"Small business" means a business, which has its principal place of business in the State; is independently owned and operated; has no more than 100 full-time employees (35 hours or more, not including seasonal and part-time employees employed for less than 90 days, if seasonal and casual part-time employment are common to that industry, and consultants employed under other contracts not related to the goods and services which are the subject of the specific contract for which the business wants to be eligible as a small business) and for goods and services contracts, has gross revenues that do not exceed $ 12 million or the applicable Federal revenue standards established at 13 CFR 121.201, incorporated herein by reference, as may be adjusted periodically (see www.sba.gov/tools/resourcelibrary/laws_and_regulations/index.html [File Link Not Available]), and satisfies any additional eligibility standards under this chapter. For design and construction contracts, has gross revenues that do not exceed $ 3 million, or 50 percent of the applicable annual revenue standards set forth in Federal regulation at 13 CFR 121.201 (see www.sba.gov/tools/resourcelibrary/laws_and_regulations/index.html [File Link Not Available]) or whose gross revenues do not exceed the applicable annual revenue standards set forth in Federal regulation at 13 CFR 121.201, as may be adjusted periodically.
"Small business database" means the State database that lists small business and is available for use by State contracting agencies and others in confirming eligibility for set-aside contracts and subcontracts and in reporting progress toward established contract award goals.
"Small Business Set-Aside Unit" or "Unit" means the section in the Department of the Treasury, which provides oversight and direction for the small-business set-aside program for the State of New Jersey.
"State contracting agency" or "contracting agency" means any board, commission, committee, authority, division, department, college, or university of the State, which possesses the legal authority to enter into or award contracts for goods and services or design and construction contracts. A list of State contracting agencies shall be maintained at www.newjerseybusiness.gov, and updated as necessary to reflect the addition or elimination of agencies.
"Subcontractor" means a third party that is engaged by a contractor to perform all or part of the goods, services, or construction services included in a contract with the State.
"Target" means the numerical objectives which a State contracting agency establishes, on a contract by contract basis, in order to meet its small business goal.
"Term contract" means an award made by a State contracting agency in which a source of supply for a product or service is established for a specific period of time. A term contract is generally applied when a State contracting agency:
1. Establishes a fixed unit price, hourly rate, or discount for items to be purchased thereunder;
2. Provides for some estimated dollar volume or minimum quantities to be purchased; or
3. Provides for the rebidding of any single purchase which exceeds a specified maximum amount.
"Treasurer" means the Treasurer of the State of New Jersey or his or her designee.
"Vendor Registration Form" means the form available on the State's website, http://www.njportal.com/DORE/SBERegistry/ [File Link Not Available] that a business completes when applying to the Division to register as a small business under this chapter.
"Veteran" means any citizen and resident of this State honorably discharged, or released under honorable circumstances, who served in any branch of the Armed Forces of the United States or a Reserve component thereof for at least 90 days and shall include disabled veterans.
"Veteran-owned business" means a business, as defined in N.J.S.A. 52:32-49 et seq., which has its principal place of business in the State, is independently owned and operated, and not less than 51 percent of the business is owned by one or more veterans; and the management and daily business operations of which are controlled by one or more veterans.
"Waiver of advertising" means a contract award process authorized by N.J.S.A. 52:34-9 and 52:34-10, which does not require public advertisement and which is subject to approval by the State Treasurer.
N.J. Admin. Code § 17:13-1.2