Prohibits cooperative from receiving public works contract when cooperative-approved vendor fails to pay prevailing wage; concerns cooperative purchasing agreements with other states; and permits contracting units to award certain indefinite contracts.*
What changed between versions
The prohibition on cooperatives receiving public works contracts was broadened: it now applies when 'any vendor approved by the cooperative' has failed to pay prevailing wages, rather than only when 'at least one of the owners is a contractor or subcontractor' who failed to pay prevailing wages. This catches a wider range of relationships between the cooperative and non-compliant entities.
A new definition of 'vendor' was added: any person, firm, corporation or other entity which provides or offers or proposes to provide goods or services to or perform any contract.
New Section 12 amends C.52:34-6.2 to allow the Director of the Division of Purchase and Property to enter into cooperative purchasing agreements with other states, and permits contracting units (counties, municipalities, school districts, NJ Transit, etc.) to use nationally-recognized cooperative purchasing agreements developed through competitive bidding.
New Section 13 permits contracting units to award indefinite delivery, indefinite quantity contracts for goods or services, including public works, without final plans and specifications for an individual project, provided the contract advertisement promotes free, open, and competitive bidding and sets forth the process for issuing purchase orders.
Section 12(b)(4) prohibits contracting units from using time-and-materials contracts available through cooperative purchasing agreements for public works construction projects subject to the Prevailing Wage Act.
Section 12(b)(5)-(6) requires contracting units to verify contractor information, require certified payroll records submission and retention for at least three years, and prohibits contractors from performing if they fail to provide certified payroll records on more than three occasions or are found to have violated the Prevailing Wage Act.
Section 12(b)(7) requires contracting units to publicly post on their websites monthly information about completed public works construction projects, including contractor name, contract number, project cost, and confirmation that certified payroll records were received.
Section 12(b)(8) requires contracting units to solicit the commissioner's list of non-compliant contractors, not award contracts to listed entities, verify monthly that no awardee has been added to the list, and terminate contracts or subcontracts with newly listed entities.
Section 12(b)(9) authorizes the Director of the Division of Local Government Services to prohibit a contracting unit from serving as a lead agency for a cooperative purchasing agreement if it fails to comply with the section's requirements.
Multiple references to 'section 13 of this act' were replaced with the full statutory citation 'section 13 of P.L.1963, c.150 (C.34:11-56.37)' for clarity.
The bill's short title was expanded from amending only P.L.1963, c.150 to also supplementing Title 52 of the Revised Statutes and amending various parts of statutory law, reflecting the new sections added.