N.J. Admin. Code § 12:62-2.1

Current through Register Vol. 56, No. 24, December 18, 2024

Section 12:62-2.1 - Registration required

(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 N.J.S.A. 34:11-56.26, in a bid proposal for a public works contract unless the subcontractor as required is registered pursuant to the terms of N.J.S.A. 34:11-56.48 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 N.J.A.C. 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.

N.J. Admin. Code § 12:62-2.1

Amended by R.2004 d.164, effective 4/19/2004.
See: 35 N.J.R. 5480(a), 36 N.J.R. 1942(b).
Rewrote (a); in (d), inserted "non-refundable" preceding references to registration fees throughout.
Amended by R.2006 d.136, effective 4/17/2006.
See: 37 N.J.R. 1674(a), 38 N.J.R. 1752(a).
In (a)1, added ", including a contractor/subcontractor who is involved in off-site custom fabrication, as defined in N.J.S.A. 34:11-56.26,"; in (b), added "and Workforce Development" throughout; in (c)6, added "and any violations, or pending violations, brought by . . . engaged in public work projects"; in (d), added the last sentence.

Amended by 52 N.J.R. 2103(b), effective 12/7/2020