Procurement Guidance
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.
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:
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964
The NJTPA in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C.§§ 2000d to 2000d-4) and the Regulations, hereby notifies all interested parties that it will affirmatively ensure that any contract entered into pursuant to this solicitation, disadvantaged business enterprises will be afforded full and fair opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.
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 10/1/19): 13.23 percent
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 for both the Prime and subconsultant(s) 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.
CERTIFICATION OF NON-INVOLVEMENT IN PROHIBITED ACTIVITES IN RUSSIA OR BELARUS (Updated February 22, 2024)
On March 9, 2022, Governor Murphy signed P.L.2022, c.3, which prohibits certain government dealings – including NJTPA contracts – with businesses engaged in prohibited activities in Russia or Belarus. A completed Certification of Non‐Involvement in Prohibited Activities in Russia or Belarus disclosure form
will be required to be submitted for both the Prime and subconsultant(s) 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.
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.
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:
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.