The NJTPA is a federally funded agency and is subject to federal and state laws, rules and regulations. Federal Procurement regulations apply to these contracts. If awarded, the successful firm awarded the contract shall be required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:27
Mandatory items to be included in any RFP issued:
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE
Federal and state procurement regulations apply to this contract. If awarded, the successful firm awarded the contract shall be required to comply with the requirements of N.J.S.A. 10:5-31 et seq. and N.J.A.C. 17:2
that pertain to professional services contracts.
Mandatory Equal Employment Opportunity Language
NEW JERSEY BUSINESS REGISTRATION REQUIREMENT
Pursuant to P.L. 2004, c.57, all consultants (both in-state and out-of-state) must obtain a Business Registration Certificate (BRC) from the New Jersey Department of the Treasury, Division of Revenue prior to conducting business with the NJTPA. The successful consultant will be required to submit a copy of its BRC and that of any named sub-consultant prior to any contract execution. A consultant or sub-consultant who fails to submit a copy of a valid BRC in accordance with the statue will be held liable for monetary penalties in accordance with N.J.S.A. 54-49-4.1. Questions regarding how to obtain a BRC can be directed to the New Jersey Division of Revenue at (609) 292-1730. The business registration form (Form NJ-REG) can be found online at:
Sample NJ BRC Certificates
DBE & ESBE PARTICIPATION
Consultant contracts awarded with U.S. DOT financial assistance are subject to Title 49, Part 26, Code of Federal Regulations (49 CFR 26) entitled "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.” In order to ensure the NJDOT achieves its federally mandated statewide overall DBE goal, the NJTPA encourages the participation of Disadvantaged Business Enterprises (DBE) or Emerging Small Business Enterprises (ESBE) in the performance of consultant contracts financed in whole or in part with U.S. DOT funding.
Current DBE/ESBE goal (effective 10/1/16): 12.44 percent
Disadvantaged Business Enterprise and Emerging Small Business Enterprise Participation Provisions
Database of Certified DBEs under New Jersey's Unified Certification Program (UCP)
NJDOT Directory of Certified ESBEs
DISCLOSURE OF INVESTMENT ACTIVITIES IN IRAN
Effective 11/20/13, prospective Proposer(s) please be advised that pursuant to P.L. 2012 c.25, a completed Disclosure of Investment Activities in Iran form will be required to be submitted with each proposal. Failure to complete the certification and submit it to the NJTPA with a firm’s proposal will render the proposal as non-responsive.
Disclosure of Investment Activities in Iran Form
INSURANCE AND LIABILITY
The prime consultant and any sub-consultants will be independent contractors. The consultant, any sub-consultant, and their employees and agents shall in no way be construed to be employees of the NJTPA. The prime consultant and any sub-consultants shall assume any and all liability (including attorney's fees and court costs) for their and their employees' or agents' acts or omissions. The Consultant and any sub consultants shall hold harmless and indemnify the NJTPA and NJIT, the NTJPA’s host agency, for any claims to the extent arising as a result of Consultants or sub-consultants' negligent performance or nonperformance under the proposed contract.
Insurance Required to be Carried by Consultants
PROCEDURES FOR PROCUREMENT OF PROFESSIONAL SERVICES
The following document is intended to offer procurement guidance to subcontractors and subrecipients, including procedures to follow and items to consider, when hiring consultants. The material encompasses the policies of the North Jersey Transportation Planning Authority regarding the procurement of professional services:
Procedures for Procurement of Professional Services
CONTRACTS FOR PROFESSIONAL SERVICES
NJTPA consultant contracts are typically funded through a U.S. Department of Transportation grant and executed jointly by the NJTPA and its host agency, New Jersey Institute of Technology (NJIT). Accordingly, the selected consultants will be required to comply with all applicable federal regulations and contracting provisions required by the federal funding authority. Additionally, all state regulations and provisions of the NJTPA’s prime contract with the NJDOT, the prime recipient of the federal grant, will be passed on to consultants.
Sample NJTPA-NJIT Consultant Agreement with Standard Terms & Conditions