N.J. Admin. Code § 17:14-1.2

Current through Register Vol. 56, No. 23, December 2, 2024
Section 17:14-1.2 - Definitions

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 in response to an invitation for bids.

"Bidding threshold" means the dollar limit placed on all public contracting agencies pursuant to N.J.S.A. 52:34-7 or 52:25-23 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.

"Contractor" means any party awarded a contract or agreement to provide goods and services or design and/or construction services to the State of New Jersey.

"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 design and construction contracts pursuant to the authority delegated by the Director, Division of Property Management and Construction (see N.J.S.A. 52:34-7).

"Department" means the Department of the Treasury.

"Director" means the head of the Division of Revenue and Enterprise Services in the Department of the Treasury.

"Disabled veteran-owned business" means a business that has its principal place of business in the State, is independently owned and operated, and at least 51 percent of which is owned and controlled by persons who are disabled veterans or a business that has its principal place of business in this State and has been officially verified by the United States Department of Veterans' Affairs as a service disabled veteran-owned business for the purposes of Federal department contracts pursuant to Federal law.

"Disabled veteran business database" means the State database that is accessible via a link on the Division's webpage at www.nj.gov/njbgs; the database lists disabled veteran-owned businesses 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.

"Disabled veteran-owned business set-aside unit" or "Unit" means the section in the Department of the Treasury that provides oversight and direction for the disabled veteran-owned business set-aside program for the State of New Jersey.

"Division of Property Management and Construction" or "DPMC" means the division within the Department of the Treasury that provides a centralized design and construction contract procurement and administration service for other State agencies pursuant to N.J.S.A. 52:18A-151et seq.

"Division of Purchase and Property" means the division within the Department of the Treasury that 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 disabled veteran-owned business enterprises.

"Goal" means the statutorily determined percentage of contracting dollars awarded by each State contracting agency to disabled veteran-owned businesses in order to comply with the statutory set-aside provisions. It includes the percentage of State contracting dollars that the State contracting agency makes a good faith effort to award to disabled veteran-owned businesses.

"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). The IFB establishes the contract's terms and conditions, the product and/or service specifications, and the bidding eligibility to businesses approved as disabled veteran-owned business entities.

"Premier Business Services" means online business services provided via the State's business portal at www.nj.gov/njbusiness/home/pbs/, which include tax filing and payment services for which a business must register as part of its disabled veteran-owned business application.

"Principal place of business" means the location where 51 percent or more of a business' employees work, as evidenced by the payment of unemployment taxes, or the location where 51 percent or more of business operations occur, as supported by income or business tax returns.

"Registration" means the process by which any disabled veteran-owned business can have its eligibility for participation in the Department's disabled veteran-owned 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.

"Set-Aside Act" means the New Jersey Set-Aside Act for Disabled Veteran's Businesses, N.J.S.A. 52:32-31.1et seq. ( P.L. 2015, c. 116 ).

"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 disabled veteran-owned business, which may include a component allowing the use of subcontractors to satisfy the requirements of a set-aside.

"State contracting agency" or "contracting agency" means any board, commission, committee, authority, division, department, college, or university of the State that possesses the legal authority to enter into or award contracts for goods and services or design and construction contracts.

"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.

"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 or services 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 that 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 via a link on the Division's website at www.nj.gov/njbgs, that a business completes when applying to register as a disabled veteran-owned 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.

N.J. Admin. Code § 17:14-1.2

Adopted by 51 N.J.R. 1063(a), effective 6/17/2019