N.J. Admin. Code § 17:13-2.2

Current through Register Vol. 57, No. 1, January 6, 2025

Section 17:13-2.2 - Obligation to provide information and penalties for failure to provide complete and accurate information

(a) Applicants under these rules shall accurately and honestly supply all information required by the Division.

(b) When a business has been approved as a small business, on the basis of false information knowingly supplied by the business, and the business has been awarded a State contract or a subcontract thereto, the Small Business Set-Aside Unit, after notice and opportunity for a contested case hearing pursuant to N.J.S.A. 52:14B-10 and N.J.A.C. 1:1, shall:

1. Assess the business any difference between the contract amount and what the State's cost would have been if the contract had not been awarded in accordance with the provisions of N.J.S.A. 52:32-17 et seq.;

2. Assess the business a penalty in the amount of not more than 10 percent of the amount of the contract or subcontract involved;

3. Order the business ineligible to transact any business with a State contracting agency for a period of 12 months; and

4. Order the Division of Revenue to revoke the registration of the business as a small business for a period of one year from the State's small business database.

(c) Any business approved by the Division as a small business shall immediately apprise the Division of any circumstances which might affect the eligibility of the business under these rules.

(d) The failure of a business to report any such changed circumstances, or the intentional and/or knowing reporting of false information, shall disqualify the business for inclusion in the small business database under these rules and shall order the Division of Revenue to revoke the registration of the business as a small business for a period of one year from the State's small business database.

(e) When a business has been registered as a small business on the basis of false information knowingly supplied by the business, but the business has not been awarded a State contract, the Small Business Set-Aside Unit, after notice and opportunity for a contested case hearing pursuant to N.J.S.A. 52:14B-10 and N.J.A.C. 1:1, shall order the Division of Revenue to revoke the registration of the business as a small business for a period of one year from the State's small business database.

N.J. Admin. Code § 17:13-2.2

Adopted by 49 N.J.R. 3784(b), effective 12/4/2017