Sponsored by:
Assemblywoman VERLINA REYNOLDS-JACKSON
District 15 (Hunterdon and Mercer)
Assemblywoman SHAMA A. HAIDER
District 37 (Bergen)
Assemblyman REGINALD W. ATKINS
District 20 (Union)
Assemblyman WILLIAM B. SAMPSON, IV
District 31 (Hudson)
Co-Sponsored by:
Assemblywoman Hall
SYNOPSIS
Requires certain notifications to subcontractors listed on bid for State contract by prime contractor.
CURRENT VERSION OF TEXT
As introduced.
An Act requiring certain notifications to subcontractors who are listed on the bid for a State contract by a prime contractor and supplementing Title 34 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
"Prime contractor" means any person who has a construction, goods and services, or professional services contract with a State agency and who subcontracts all or a part of that contract.
"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 which is authorized by law to award construction contracts. A county or municipality shall not be deemed an agency or instrumentality of the State.
Subcontractor" means any person who enters into a contract with a prime contractor to perform a specific part of the work for which the prime contractor is responsible under a construction, goods and services, or professional services contract with a State agency.
b. If a prime contractor has listed a subcontractor on the bid for a State contract and the prime contractor is awarded the State contract, the prime contractor shall notify the subcontractor by certified mail. The notification shall, at a minimum, include:
(1) the name of the State agency that awarded the State contract;
(2) a description of the work to be performed by the prime contractor as outlined in the State contract; and
(3) the work expected of the subcontractor in regard to the State contract and the timeframe of that work.
The prime contractor shall not be responsible for notifying the subcontractor of necessary applications, certifications, or permits, or the associated deadlines required to be eligible to perform under State contracts.
The notification shall be sent by certified mail within 30 days of the prime contractor receiving notice of the awarded State contract. The prime contractor shall provide proof of notification to the State Contract Manager for that contract.
If the prime contractor fails to notify the subcontractor within the required time, the prime contractor shall be subject to such penalties as may be provided in the contract for failure to comply.
2. This act shall take effect
immediately.
STATEMENT
This bill requires prime contractors to notify subcontractors who are listed on the bid for a State contract by the prime contractor.
Upon the prime contractor receiving notice of the awarded State contract, the prime contractor has 30 days to notify the subcontractor by certified mail. The notice must include the State agency, the description of the State contract, and the work expected of the subcontractor in regards to the State contract and the timeframe of that work. The prime contractor does not need to notify the subcontractor of paperwork required by the subcontractor or any associated deadlines to be eligible to perform under a State contract. If the prime contractor fails to notify the subcontractor within 30 days of receiving the awarded State contract, the prime contractor will be subject to penalties provided in the contract for failure to comply