N.J. Admin. Code § 7:22-9.13

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:22-9.13 - Assessment of compliance

(a) Where the Office determines that a project sponsor has failed or is failing to meet the 10 percent SED utilization requirement, the project sponsor shall, upon the written request of the Office, submit the following:

1.Advertisements;

2. Signed contracts and subcontracts;

3. Documentation of solicitations of bids from SEDs;

4. Copies of Requests for Proposals;

5. Records of telephone quotations;

(Reserved)

7. Adequate and timely notice for encouraging SED participation; and

8. Proof that the assistance of State agencies was solicited, including:

Office of Equal Opportunity and Public Contract Assistance

New Jersey Department of Environmental Protection

PO Box 402

Trenton, New Jersey 08625-0402

Division for the Development of Small Businesses and Women Businesses and Minority Businesses

New Jersey Commerce and Economic Growth Commission

PO Box 835

1 West State Street

Trenton, New Jersey 08625-0835

(b) Where the project sponsor determines that a contractor has failed or is failing to meet the 10 percent SED utilization requirement, the contractor shall, upon the written request of the project sponsor, submit the documents specified in (a) above.

(c) The Office shall summarize in writing its evaluation of the reason given for noncompliance and the efforts made by the project sponsor or contractor to comply with its plan for achieving the 10 percent SED utilization requirement. The Office shall take into consideration good faith efforts made by the project sponsor or contractor to meet the goal to achieve the ten percent SED utilization requirement. These findings shall be submitted to the Department and, in the case of a Trust loan, to the Trust who, in conjunction with the Office, shall determine the nature and extent of the project sponsor's or contractor's noncompliance.

N.J. Admin. Code § 7:22-9.13