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<br />98 SECTION 6: ATTACHMENTS | 2014_0122
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<br />2.8 STANDARDS PROHIBITING CONFLICTS OF INTEREST - The following prohibitions on contractor activities shall apply to all
<br />contracts or purchase agreements made with the State of New Jersey, pursuant to Executive Order No. 189 (1988).
<br />a. No vendor shall pay, offer to pay, or agree to pay, either directly or indirectly, any fee, commission, compensation, gift, gratuity, or
<br />other thing of value of any kind to any State officer or employee or special State officer or employee, as defined by N.J.S.A. 52:13D-
<br />13b. and e., in the Department of the Treasury or any other agency with which such vendor transacts or offers or proposes to transact
<br />business, or to any member of the immediate family, as defined by N.J.S.A. 52:13D-13i., of any such officer or employee, or
<br />partnership, firm or corporation with which they are employed or associated, or in which such officer or employee has an interest within
<br />the meaning of N.J.S.A. 52: 13D-13g.
<br />b. The solicitation of any fee, commission, compensation, gift, gratuity or other thing of value by any State officer or employee or special
<br />State officer or employee from any State vendor shall be reported in writing forthwith by the vendor to the Attorney General and the
<br />Executive Commission on Ethical Standards.
<br />c. No vendor may, directly or indirectly, undertake any private business, commercial or entrepreneurial relationship with, whether or not
<br />pursuant to employment, contract or other agreement, express or implied, or sell any interest in such vendor to, any State officer or
<br />employee or special State officer or employee having any duties or responsibilities in connection with the purchase, acquisition or sale
<br />of any property or services by or to any State agency or any instrumentality thereof, or with any person, firm or entity with which he is
<br />employed or associated or in which he has an interest within the meaning of N.J.S.A. 52: 130-13g. Any relationships subject to this
<br />provision shall be reported in writing forthwith to the Executive Commission on Ethical Standards, which may grant a waiver of this
<br />restriction upon application of the State officer or employee or special State officer or employee upon a finding that the present or
<br />proposed relationship does not present the potential, actuality or appearance of a conflict of interest.
<br />d. No vendor shall influence, or attempt to influence or cause to be influenced, any State officer or employee or special State officer or
<br />employee in his official capacity in any manner which might tend to impair the objectivity or independence of judgment of said officer or
<br />employee.
<br />e. No vendor shall cause or influence, or attempt to cause or influence, any State officer or employee or special State officer or
<br />employee to use, or attempt to use, his official position to secure unwarranted privileges or advantages for the vendor or any other
<br />person.
<br />f. The provisions cited above in paragraphs 2.8a through 2.8e shall not be construed to prohibit a State officer or employee or Special
<br />State officer or employee from receiving gifts from or contracting with vendors under the same terms and conditions as are offered or
<br />made available to members of the general public subject to any guidelines the Executive Commission on Ethical Standards may
<br />promulgate under paragraph 3c of Executive Order No. 189.
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<br />2.9 NOTICE TO ALL CONTRACTORS SET-OFF FOR STATE TAX NOTICE - Pursuant to L 1995, c. 159, effective January 1, 1996,
<br />and notwithstanding any provision of the law to the contrary, whenever any taxpayer, partnership or S corporation under contract to
<br />provide goods or services or construction projects to the State of New Jersey or its agencies or instrumentalities, including the
<br />legislative and judicial branches of State government, is entitled to payment for those goods or services at the same time a taxpayer,
<br />partner or shareholder of that entity is indebted for any State tax, the Director of the Division of Taxation shall seek to set off that
<br />taxpayer’s or shareholder’s share of the payment due the taxpayer, partnership, or S corporation. The amount set off shall not allow for
<br />the deduction of any expenses or other deductions which might be attributable to the taxpayer, partner or shareholder subject to set-off
<br />under this act.
<br />The Director of the Division of Taxation shall give notice to the set-off to the taxpayer and provide an opportunity for a hearing within
<br />thirty (30) days of such notice under the procedures for protests established under R.S. 54:49-18. No requests for conference, protest,
<br />or subsequent appeal to the Tax Court from any protest under this section shall stay the collection of the indebtedness. Interest that
<br />may be payable by the State, pursuant to P.L. 1987, c.184 (c.52:32-32 et seq.), to the taxpayer shall be stayed.
<br />2.10 COMPLIANCE - LAWS - The contractor must comply with all local, State and Federal laws, rules and regulations applicable to
<br />this contract and to the goods delivered and/or services performed hereunder.
<br />2.11 COMPLIANCE - STATE LAWS - It is agreed and understood that any contracts and/or orders placed as a result of [this proposal]
<br />shall be governed and construed and the rights and obligations of the parties hereto shall be determined in accordance with the laws of
<br />the STATE OF NEW JERSEY.
<br />3. STATE LAW REQUIRING MANDATORY COMPLIANCE BY CONTRACTORS UNDER CIRCUMSTANCES SET
<br />FORTH IN LAW OR BASED ON THE TYPE OF CONTRACT
<br />3.1 COMPLIANCE - CODES – The contractor must comply with NJUCC and the latest NEC70, B.O.C.A. Basic Building code, OSHA
<br />and all applicable codes for this requirement. The contractor shall be responsible for securing and paying all necessary permits, where
<br />applicable.
<br />3.2 PUBLIC WORKS CONTRACTOR REGISTRATION ACT - The New Jersey Public Works Contractor Registration Act requires all
<br />contractors, subcontractors and lower tier subcontractor(s) who engage in any contract for public work as defined in N.J.S.A. 34:11-
<br />56.26 be first registered with the New Jersey Department of Labor and Workforce Development. Any questions regarding the
<br />registration process should be directed to the Division of Wage and Hour Compliance at (609) 292-9464.
<br />3.3 PUBLIC WORKS CONTRACT - ADDITIONAL AFFIRMATIVE ACTION REQUIREMENTS -
<br />N.J.S.A. 10:5-33 and N.J.A.C. 17:27-3.5 require that during the performance of this contract, the contractor must agree as follows:
<br />a) The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because
<br />of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression,
<br />disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will
<br />take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment,
<br />without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity
<br />or expression, disability, nationality or sex. Such action shall include, but not be limited to the following: employment, upgrading,
<br />demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
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