N.J. Admin. Code § 17:12-4.3

Current through Register Vol. 56, No. 23, December 2, 2024

Section 17:12-4.3 - Filing of complaints; subject matter

(a) Using agencies shall promptly initiate and file a formal complaint of any failure by a contractor to comply with the provisions, terms, and conditions of a State contract. The complaint shall be in writing and on Form CC-36 or the equivalent and be submitted to the CCAU. Complaints are not required where a contract contains specific performance standards including, but not limited to, liquidated damages. In such cases, the using agency may consult with CCAU prior to imposing the contract standards.

(b) Alleged breaches of contract provisions that may be reported to the CCAU include, but are not limited to:

1. Failure by the contractor to deliver goods or services at the time and place or in the manner, quantity or quality specified;

2. Demand for prices other than those specified in the contract;

3. Delivery of unauthorized substitutes or ungraded material where grading is required;

4. Sale of goods which are not authorized by the contract;

5. Failure to install goods; improper installation;

6. Any other failure to comply with contract specifications or failure to achieve a satisfactory rating for the service provided under the contract if quality assurance surveys are performed;

7. Conflict of interest; and

8. Failure to comply with any relevant legal or contractual requirement.

N.J. Admin. Code § 17:12-4.3

Amended by 51 N.J.R. 141(a), effective 1/22/2019