New Jersey § 18a:7g-34

§ 18a:7g-34.

a. The prequalification process shall include a requirement that the contractor proposing

to submit bids on a school facilities project submit a statement under oath on a form

designated by the development authority. The form shall fully describe and establish the financial ability, responsibility,

plant and equipment, organization, ownership, relationships and prior experience of

the prospective bidder and any other pertinent and material facts as may be deemed

necessary by the development authority. The submission shall include: (1) A certified, audited financial statement or compilation of financial statements

or other documentation of financial status acceptable to the development authority; (2) Proof of any contractor or trade license required by law for any trade or specialty

area in which the contractor is seeking prequalification and a statement as to whether

any contractor or trade license has been revoked; (3) A statement as to bonding capacity, which shall be from a surety authorized to

issue bid, performance and payment bonds in the State of New Jersey in accordance

with N.J.S.2A:44-143 through N.J.S.2A:44-147 to the contractor, and shall indicate aggregate bonding limits; (4) A list of the names and titles of all individuals who own 10% or more of any class

of stock in the corporation or are a 10% or more partner in the firm. If any of the aforementioned stockholders or partners is itself a corporation, or

a partnership, that entity shall also provide the information specified herein; (5) Disclosure of any judgments, convictions or criminal indictments for any conduct

constituting a crime under local, State or federal law . The prospective bidder shall also disclose whether, in the past five years, the

following have been convicted of a criminal offense under local, State, or federal

law: the contractor; the contractor's corporate directors or officers; any employee

of the contractor serving in a supervisory capacity or who is empowered to make discretionary

decisions with respect to bids or public works contracts; or any individual who owns

five percent or more of any class of stock in the corporation or is a five percent

or more partner in the firm. Failure to disclose a conviction of a criminal offense pursuant to this paragraph

shall constitute cause for the denial or revocation of a contractor's prequalification

status ; (6) Disclosure of any unsatisfied judgments, injunctions or liens obtained by a governmental

agency including, but not limited to, judgments based on taxes owed and fines and

penalties assessed by any government agency; (7) Disclosure of any determination for violations of federal, State or local laws,

rules or regulations, including health laws, unemployment insurance or workers' compensation

coverage or claim requirements, the “Employee Retirement Income Security Act of 1974”

( Pub.L.93-406 , 29 U.S.C. s. 1001 et seq. ), security laws, environmental laws, safety laws, licensing laws, tax laws and antitrust

laws; (8) Disclosure of any federal, State or local debarments, non-responsibility findings

or denials of prequalification; (9) Disclosure of any bankruptcy filings or proceedings; (10) A statement as to past performance, which shall give an accurate and complete

record of work completed in the past five years by the contractor giving the names

of the projects, type of work, location, contract price, bid and final contract amount

paid and the names of the owner and of the architect or engineer in charge for the

owner. This statement shall also disclose any labor problems experienced, any failure to

complete a contract on schedule, any penalties, judgments, orders or liens imposed

by reason of any contract undertaken within the five-year period and whether the contractor

has been defaulted for cause on any project as determined by an unappealed or nonappealable

decision. This statement shall also indicate the status of any litigation pending against

the potential bidder. The contractor shall be required to attach to this statement all performance evaluations

in his possession for any work performed by the contractor on any public or private

projects; (11) A statement as to organization, which shall demonstrate the adequacy of such

organization to undertake a school facilities project. This statement shall include the resumes of the management and professional staff; (12) A statement setting forth the contractor's equipment inventory and technical

resources; and (13) A statement on staffing capabilities, including labor sources, staffing plans,

turnover rates, and any use of registered apprenticeship programs and journeyman training

programs. b. After the receipt of the submission provided for in subsection a. of this section,

the development authority may verify information provided in the contractor's submission,

including applicable license and certificate requirements, federal or State debarments

and violations of law. The development authority may also conduct random inquiries or surveys of the contractor's

prior customers. c. Based upon the submission provided for in subsection a. of this section the development

authority shall assign a contractor the following classification and limits for the

purpose of determining the types of projects for which a contractor is entitled to

bid: (1) a trade or work classification; and (2) an aggregate rating limit. To effectuate these requirements of the prequalification process, the development

authority shall develop rules and regulations for assigning classifications and aggregate

limits. d. The classification shall be made and an immediate notice thereof shall be sent

to the contractor by registered or certified mail or other legally valid methods. e. The development authority shall establish procedures to permit contractors to challenge

a classification made pursuant to this section. f. The prequalification submission shall include an affidavit which acknowledges receipt

of information regarding the appropriate federal Bureau of Apprenticeship and Training

apprenticeship laws and regulations as adopted by the State and information regarding

the county apprenticeship coordinators and the federal Bureau of Apprenticeship and

Training. g. The development authority shall maintain a registry of all contractors prequalified

to bid on school facilities projects. The registry shall include the classification of the bidder and aggregate building

limit. The development authority shall maintain an updated version of the registry available

on the Internet website of the authority.