Current through Register Vol. 56, No. 18, September 16, 2024
(a) No contractor shall bid on any contract for
public work unless the contractor is registered pursuant to the Act. In addition:
1. No contractor shall list a subcontractor,
including a contractor/subcontractor who is involved in off-site custom fabrication,
as defined in
34:11-56.2
6, in a bid proposal for a public works contract unless the subcontractor as
required is registered pursuant to the terms of
34:11-56.4
8 et seq., the Public Works Contractor Registration Act, at the time the bid is
submitted to the public entity; and
2.
No contractor or subcontractor not listed on the bid proposal shall engage in the
performance of any public work project unless the contractor or subcontractor is
registered pursuant to the Act.
(b) Any contractor which seeks to register under
the Act shall apply to the Division of Wage and Hour Compliance, within the
Department of Labor and Workforce Development. For this purpose, the Department
shall prepare a "New Jersey Department of Labor and Workforce Development
Application for Public Works Contractor Registration." This form shall be available
from the Department.
(c) As part of its
application to the Department, a contractor shall provide all required information
and documents requested by the Application for Public Works Contractor Registration
and certify to the truthfulness and accuracy of all statements made, and documents
submitted, in connection with the Application for Public Works Contractor
Registration. The information to be submitted for review shall include:
1. The name, principal business address, telephone
and fax number as well as any e-mail address of the business;
2. Whether the contractor or subcontractor is a
corporation, partnership, sole proprietorship, or other form of a business
entity;
3. The name and address of the
custodian of records and agent for service of process within the State of New
Jersey;
4. The name, addresses of
residence, and telephone number of each person with a financial interest in the
business and the percentage of interest, except that if the business is a publicly
traded corporation, the contractor shall supply the names and addresses of residence
of the corporation's officers;
5. The
business' Federal Employer Identification Number and State of New Jersey Taxpayer
Identification Number;
6. A history of
previous and/or current labor law violations and the final dispositions of such
violations and any violations, or pending violations, brought by a governmental
entity of criminal or civil statutes and/or regulations which would reflect upon the
fitness of the applicant/contractor to bid on or engage in public work
projects;
7. Proof of workers'
compensation insurance;
8. A statement
that the contractor possesses all valid and effective licenses, registrations, or
certificates required by State law, including registrations or certifications
required to do business in New Jersey;
9. A statement that the contractor is in
possession of documentation, which will be made available to the Department upon
request, that the contractor possesses all valid and effective licenses,
registrations, or certificates required by State law, including registrations or
certifications required to do business in New Jersey;
10. A statement that the contractor, if directly
employing craftworkers, participates in a registered apprenticeship program for each
craft that it employs;
11. A statement
that the contractor is in possession of documentation that will be made available to
the Department upon request, establishing that the contractor, if directly employing
craftworkers, participates in a registered apprenticeship program for each craft
that it employs; and
12. Any other
relevant and appropriate information from a particular applicant as determined by
the Commissioner.
(d) The
contractor shall pay an initial, non-refundable, annual registration fee of $ 300.00
to the Commissioner. The non-refundable fee for the second annual registration shall
be $ 300.00. Upon successful completion of two consecutive years of registration, a
contractor may elect to register for a two-year period and pay a non-refundable
registration fee of $ 500.00. However, a two-year registration will only be granted
if the applicant has not violated the Act and/or the Prevailing Wage Act or these
rules during the period of licensure preceding submission of the renewal
application.
(e) An applicant shall
fully and accurately complete all relevant parts of the Application for Public Works
Contractor Registration. Failure to provide a complete application shall result in
rejection.
(f) An applicant who fails to
provide specifically requested additional information or documentation shall be
considered not in compliance with the Act and shall be subject to
rejection.
(g) If the applicant
knowingly supplies incomplete or inaccurate information to the Department in
connection with his or her application, he or she shall be disqualified under these
rules, barred from reapplying for registration for a period of up to one year from
the date of notice of disqualification, and may be subject to other penalties
described in
12:62-2.3,
2.4 and 2.5.
(h) For the purpose of this
section, a contractor is considered to be participating in a registered
apprenticeship program if:
1. The contractor is a
signatory to a collective bargaining agreement through which the contractor has
access to a registered apprenticeship program that is sponsored by the labor union,
or agrees to joint sponsorship with the labor union of a registered apprenticeship
program; provided that the collective bargaining agreement also requires ongoing
employer contributions into an ERISA-covered apprenticeship training program trust
fund;
2. The contractor is signatory to
an agreement with a workforce intermediary, such as an industry association,
consortium of businesses, community-based organization, or educational institution,
through which the contractor has access to a registered apprenticeship program
sponsored by the workforce intermediary, or agrees to joint sponsorship with the
workforce intermediary of a registered apprenticeship program; provided that the
agreement between the contractor and the workforce intermediary also requires
ongoing employer contributions into an ERISA-covered apprenticeship training program
trust fund;
3. The contractor is the
sponsor of a registered apprenticeship program;
4. The contractor currently employs at least one
apprentice who is registered with the United States Department of Labor within a
registered apprenticeship program; provided that as of the date of the contractor's
submission to the Department of the Application for Public Works Contractor
Registration, the apprentice has completed at least 1,000 hours of on-the-job
learning with the contractor; or
5.
During the one-year period immediately preceding submission to the Department of the
Application for Public Works Contractor Registration, the contractor employed at
least one apprentice who was registered with the United States Department of Labor
(USDOL) within a registered apprenticeship program; provided that the apprentice had
completed at least 1,000 hours of on-the-job learning with the contractor.
(i) For the period from May 1, 2019
(the effective date of
P.L.
2019, c. 21) to April 30,
2020, a contractor submitting an Application for Public Works Contractor
Registration to the Department may satisfy the requirements of (c)10 and 11 above by
certifying and possessing documentation to establish that the contractor has applied
to the USDOL for approval of a registered apprenticeship program for each craft that
the contractor employs; or that a labor union with which the contractor is signatory
to a collective bargaining agreement has applied to the USDOL for approval of a
registered apprenticeship program for each craft that the contractor employs; or
that an industry association or consortium of businesses of which the contractor is
a member in good standing has applied to the USDOL, for approval of a registered
apprenticeship program for each craft that the contractor employs.
(j) Pursuant to
29 CFR
29.6, every registered apprenticeship program must
have at least one registered apprentice, except for the following specified periods
of time, which may not exceed one year:
1. Between
the date when a program is registered and the date of registration for its first
apprentice(s); or
2. Between the date
that a program graduates an apprentice and the date of registration for the next
apprentice(s) in the program.
