Deptford Notices

PUBLIC NOTICE

REQUEST FOR QUALIFICATIONS FOR 2026 PROFESSIONAL SERVICES

PUBLIC NOTICE IS HEREBY given that on May 18, 2026 the Governing Body of the Township of Deptford, in the County of Gloucester, State of New Jersey, has authorized the Township Clerk to advertise for Request for Qualifications (RFQ) pursuant to a fair and open process in accordance with N.J.S.A. 19:44A-20.5 and N.J.S.A. 40A:11-5.

All sealed Request for Qualifications submissions are to be sent to the Township Clerk’s office no later than Wednesday, June 10^th, 2026 at 10:00 a.m. Qualifications will not be accepted after 10:00 a.m.; see general information for submission details. The Township assumes no responsibility for delivery methods.

The following Professional Qualifications shall be sought for the year 2026:

Joint Municipal Court Alternate Prosecutor

1- GENERAL INFORMATION:

Through this Request for Qualifications (RFQ), the Township of Deptford (hereinafter the “Township”) seeks to engage with various vendors for Profession as listed below.  The contract will be awarded through a fair and open process pursuant to N.J.S.A. 19:44A-20.4 et seq. and Chapter 41, Article II of the Code of the Township of Deptford.

Questions about this document should be directed to Debra Willard, Acting Municipal Clerk by email to twpclerk@deptford-nj.org, by phone to 856-845-5300, or in person at the Township Offices.

The Township of Deptford reserves the right to choose one or more professionals or to choose not to make a selection based on the notice, or to post subsequent notices for the same, similar, or different services. All selections will be based on the review of the documents and information submitted, as well as independent research performed by the Township. This shall include, but not be limited to, a review of references, an evaluation of performance with other governmental and non-governmental entities and/or all other publicly available information.

The Township intends to qualify person(s) and/or firm(s) that;

1. Possess the professional, financial, and administrative familiarity with the Township, or local government entities as appropriate, experience, training, and capabilities to provide the proposed services.
2. Agrees with and meets the terms and conditions determined by the Township that provide the greatest benefit to the taxpayers of the Township of Deptford.

Individuals, or firms, are expected to adhere to the highest level of professionalism of the respective field.  It is expected that a sufficient number of licensed and/or trained associates will be available to meet the demands of the Township in a given year.

Respondents are not required to be residents of the Township of Deptford, however, must be able to provide timely response to requests, whether electronically or in-person, without excessive travel charges.

The applicant/proposer as a “professional”, if required by law, shall file a Financial Disclosure Statement pursuant to a Local Government Ethnics Law NJSA 40A:9-22(1) et.seq.

All documents/information submitted in response to this solicitation shall be available to the general public as required by the New Jersey Open Public Records Act N.J.S.A. 47:1 A-1 et seq. The Township will not be responsible for any costs associated with the oral or written and/or presentation of the proposals. The Township reserves the right to reject any and all proposals with or without cause, and waive any irregularities or informalities in the proposals. The Township further reserves the right to make such investigation as it deems necessary as to the qualifications of any and all vendors submitting proposals. In the event that all proposals are rejected, the Township reserves the right to re-solicit proposals.

The applicant/proposer, as a member of a profession which is subject to suit for professional malpractice, shall provide documentation that insurance for professional liability/malpractice coverage with limits as to liability acceptable to the Township of Deptford.

All appointments are for a one (1) year term unless otherwise noted.

Hourly rates, expense reimbursement, and other forms of compensation for services will be addressed in the response to this request and final agreed upon amounts will be included in the contracts with individual person(s), or firms.

The professional and/or firm shall not be paid through the payroll of the Township and will be an independent contractor of the Township.  The Township shall provide appropriate 1099 forms each year.

Appointed professionals are expected, where applicable, to provide workpapers, work product and all applicable information to the Township at the request of the Township or successor professionals.  It is expected that the appointed professionals will assist the Township in compliance with all applicable laws, including, but not limited to OPRA, audits, and court filings.  The appointed professional may have to appear in legal proceedings regarding the work completed under the contract awarded.

It is expected that the professional, and/or firm, appointed to a professional services contract will uphold the highest level of confidentiality and professionalism.  Those professionals that do not

meet the Township’s expected level of confidentiality or professionalism can be removed with limited notice and have agreements cancelled.

Basis for Award of Contract/Agreement for Professional Services

The Township shall award a professional service contract or agreement based on qualification, merit and cost competitiveness.  Selection criteria will include:

1. Qualifications of the individual or firm who will perform the service or activity;
2. Experience and references;
3. Ability to perform the service or activity in a timely fashion, including staffing and the staff’s familiarity of the service or activity.
4. Cost Competitiveness;
5. The Township reserves the right to conduct an interview, with the prospective professional to discuss the scope of the professional services as outlined in the applicant’s/proposer’s proposal.
6. All awards or waivers will be by resolution acted on by the Township Council at a Township meeting.
7. For annual appointments, the Township Council, Township Manager and Administrative Staff will conduct a performance review at least one time per year in last quarter of the fiscal year for a basis for which to evaluate the submission for the subsequent year.
8. All awards are subject to availability of funds.
9. The Township will not use age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality, or sex.
10. This policy will include, but not be limited to, all of the above listed requirements.

2 – GENERAL RESPONSE REQUIREMENTS:

1. The package should include detailed qualifications and resumes for all staff to be assigned to the Township’s account, and proof of valid professional licenses as would be required of a professional in the field.  Proof can be in the form of a copy of the license or a statement that the license numbers provided are true and valid.  The Township reserves the right to independently verify the information provided.

2. Each response shall include the full address of all locations of the respondent.

3. Submitted responses to this request must include all documentation included in Section 5 of this package.

4. Respondents shall provide:

1. A comprehensive list of all public entity projects and/appointments including dates.
2. List of membership and/or professional affiliations with any organizations, associations or societies with an indication of special offices held within.
3. Fee schedules and/or method for the calculation of charges.Note, travel associated expenses, if any, shall only be compensated from the office or another job site, whichever is shorter in time and distance.
4. Other information that the respondent deems appropriate.
   
   

5. Sample Agency Agreement shall be included with the submission.

6. Additional requirements are noted in Section 5.

3 - SUBMISSION INSTRUCTIONS:

All sealed Request for Qualifications submissions are to be sent to the Township Clerk’s office no later than Wednesday, June 10^th, 2026 at 10:00 a.m. Qualifications will not be accepted after 10:00 a.m. 

1. Sealed qualification packages shall include one (1) original, one (1) printed copy of the proposal and one (1) electronic file in the form of a USB of the respective proposal submitted.

2. Each sealed qualification package should be clearly marked “Proposal for 2026 (name of position) for the Township of Deptford.”  Failure to properly mark the package can result in the bid being returned unopened.

3. Mail or hand delivered to the Deptford Township Municipal Building at the address given below and noted below:

Office of the Municipal Clerk

Township of Deptford

101l Cooper Street

Deptford, NJ 08096

1. The Township will not accept qualification packages electronically, by fax, or by email.

4 – Professional Specific Requirements:

ALTERNATE PROSECUTOR

The Township of Deptford seeks to appoint an individual, or firm, that is an attorney-at-law in the State of New Jersey as the Alternate Prosecutor for items and requirements listed below.

Mandatory Minimum Requirements/Duties:

The Prosecuting Attorney shall prosecute the criminal, quasi-criminal, disorderly person’s offenses, motor vehicle offenses and any other matters in which the Deptford Joint Municipal Court has jurisdiction pursuant to law and rule of the Supreme Court. The Alternate Prosecutor shall receive such compensation for services as shall be fixed by the agreement in place which includes fees for the defense of such appeals as shall be deemed reasonable and such fees as are chargeable by the Township, City of Woodbury and/or State Police discovery.

5- Required Documentation

DEPTFORD TOWNSHIP

BID DOCUMENT CHECKLIST

*This form is a MANDATORY submission. It is assuring compliance with all required documentation.

____________________________________                                __________________________

Signature                                                                                         Date

STOCKHOLDER DISCLOSURE CERTIFICATION

This Statement Shall Be Included with Bid Submission

Name of Business______________________________________________________

?         I certify that the list below contains the names and home addresses of all stockholders holding 10% or more of the issued and outstanding stock of the undersigned.                                                      OR

?         I certify that no one stockholder owns 10% or more of the issued and outstanding stock of the undersigned.

Check the box that represents the type of business organization:

?Partnership                           ?Corporation                         ?Sole Proprietorship

?Limited Partnership             ?Limited Liability Corporation            ?Limited Liability Partnership

?Subchapter S Corporation

Sign and notarize the form below, and, if necessary, complete the stockholder list below.

Stockholders:

NON-COLLUSION AFFIDAVIT

State of New Jersey

County of _________________                                           ss:

I, ________________________________ residing in ___________________________________                                                               (name of affiant)                                                                                                (name of municipality)

in the County of _______________________________ and State of _____________________of full age, being duly sworn according to law on my oath depose and say that:

I am _____________________________________ of the firm of _________________________

                                        (title or position)                                                              (name of firm)

_____________________________________ the bidder making this Proposal for the bid

entitled ______________________________, and that I executed the said proposal with

                               (title of bid proposal)

full authority to do so that said bidder has not, directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in connection with the above named project; and that all statements contained in said proposal and in this affidavit are true and correct, and made with full knowledge that the ______________ _________________________relies upon the truth of the statements contained in said Proposal

           (name of contracting unit)

and in the statements contained in this affidavit in awarding the contract for the said project.

I further warrant that no person or selling agency has been employed or retained to solicit or secure such contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by _________________________________________________.

Subscribed and sworn to

before me this day                                                      ___________________________________

                                                                                    Signature

________________, 2____                            ___________________________________                                                                          (Type or print name of affiant under signature)

_____________________________

Notary public of

My Commission expires _______________

(Seal)

AFFIRMATIVE ACTION COMPLIANCE NOTICE

N.J.S.A. 10:5-31 and N.J.A.C. 17:27

GOODS AND SERVICES CONTRACTS

(INCLUDING PROFESSIONAL SERVICES)

This form is a summary of the successful bidder’s requirement to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27-1 et seq.

The successful bidder shall submit to the public agency, after notification of award but prior to execution of this contract, one of the following three documents as forms of evidence:

(a)  A photocopy of a valid letter that the contractor is operating under an existing Federally approved or sanctioned affirmative action program (good for one year from the date of the letter);

                                                OR

(b)  A photocopy of a Certificate of Employee Information Report approval, issued in accordance with N.J.A.C. 17:27-4;

                                                OR

(c)  A photocopy of an Employee Information Report (Form AA302) provided by the Division and distributed to the public agency to be completed by the contractor in accordance with N.J.A.C. 17:27-4.

The successful vendor may obtain the Affirmative Action Employee Information Report (AA302) from the contracting unit during normal business hours.

The successful vendor(s) must submit the copies of the AA302 Report to the Division of Contract Compliance and Equal Employment Opportunity in Public Contracts (Division).  The Public Agency copy is submitted to the public agency, and the vendor copy is retained by the vendor.

The undersigned vendor certifies that he/she is aware of the commitment to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27.1 et seq. and agrees to furnish the required forms of evidence.

The undersigned vendor further understands that his/her bid shall be rejected as non-responsive if said contractor fails to comply with the requirements of N.J.S.A. 10:5-31 and N.J.A.C. 17:27-1 et seq.

COMPANY:_______________________         SIGNATURE:____________________________

PRINT NAME:______________________        TITLE:  ________________________________

DATE: ____________________________

TOWNSHIP OF DEPTFORD

PROFESSIONAL REFERENCE SHEET

Company:_________________________________  Contact:___________________________

Address:_____________________________________________________________________

City, State, Zip:_______________________________________________________________

Telephone:______________________________    Fax:________________________________

Email:_______________________________________________________________________

Company:_________________________________  Contact:___________________________

Address:_____________________________________________________________________

City, State, Zip:_______________________________________________________________

Telephone:______________________________    Fax:________________________________

Email:_______________________________________________________________________

Company:_________________________________  Contact:___________________________

Address:_____________________________________________________________________

City, State, Zip:_______________________________________________________________

Telephone:______________________________    Fax:________________________________

Email:_______________________________________________________________________

TOWNSHIP OF DEPTFORD

AMERICANS WITH DISABILITIES ACT OF 1990

Equal Opportunity for Individuals with Disability

The contractor and the _____________ of _______________, (hereafter “owner”) do hereby agree that the provisions of Title 11 of the Americans With Disabilities Act of 1990 (the "Act") (42 U.S.C. S121 01 et seq.), which prohibits discrimination on the basis of disability by public entities in all services, programs, and activities provided or made available by public entities, and the rules and regulations promulgated pursuant there unto, are made a part of this contract. In providing any aid, benefit, or service on behalf of the owner pursuant to this contract, the contractor agrees that the performance shall be in strict compliance with the Act. In the event that the contractor, its agents, servants, employees, or subcontractors violate or are alleged to have violated the Act during the performance of this contract, the contractor shall defend the owner in any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless the owner, its agents, servants, and employees from and against any and all suits, claims, losses, demands, or damages, of whatever kind or nature arising out of or claimed to arise out of the alleged violation. The contractor shall, at its own expense, appear, defend, and pay any and all charges for legal services and any and all costs and other expenses arising from such action or administrative proceeding or incurred in connection therewith. In any and all complaints brought pursuant to the owner’s grievance procedure; the contractor agrees to abide by any decision of the owner which is rendered pursuant to said grievance procedure. If any action or administrative proceeding results in an award of damages against the owner, or if the owner incurs any expense to cure a violation of the ADA which has been brought pursuant to its grievance procedure, the contractor shall satisfy and discharge the same at its own expense.

The owner shall, as soon as practicable after a claim has been made against it, give written notice thereof to the contractor along with full and complete particulars of the claim, If any action or administrative proceeding is brought against the owner or any of its agents, servants, and employees, the owner shall expeditiously forward or have forwarded to the contractor every demand, complaint, notice, summons, pleading, or other process received by the owner or its representatives.

It is expressly agreed and understood that any approval by the owner of the services provided by the contractor pursuant to this contract will not relieve the contractor of the obligation to comply with the Act and to defend, indemnify, protect, and save harmless the owner pursuant to this paragraph.

It is further agreed and understood that the owner assumes no obligation to indemnify or save harmless the contractor, its agents, servants, employees and subcontractors for any claim which may arise out of their performance of this Agreement. Furthermore, the contractor expressly understands and agrees that the provisions of this indemnification clause shall in no way limit the contractor’s obligations assumed in this Agreement, nor shall they be construed to relieve the contractor from any liability, nor preclude the owner from taking any other actions available to it under any other provisions of the Agreement or otherwise at law.

New Jersey Business Registration Requirements

Pursuant to N.J.S.A. 52:32-44, __________________________ (“Contracting Agency”) is prohibited from entering into a contract with an entity unless the bidder/proposer/contractor, and each subcontractor that is required by law to be named in a bid/proposal/contract has a valid Business Registration Certificate on file with the Division of Revenue and Enterprise Services within the Department of the Treasury.

Prior to contract award or authorization, the contractor shall provide the Contracting Agency with its proof of business registration and that of any named subcontractor(s).

Subcontractors named in a bid or other proposal shall provide proof of business registration to the bidder, who in turn, shall provide it to the Contracting Agency prior to the time a contract, purchase order, or other contracting document is awarded or authorized.

During the course of contract performance:

(1) the contractor shall not enter into a contract with a subcontractor unless the subcontractor   first provides the contractor with a valid proof of business registration.

(2) the contractor shall maintain and submit to the Contracting Agency a list of subcontractors and their addresses that may be updated from time to time.

(3) the contractor and any subcontractor providing goods or performing services under the contract, and each of their affiliates, shall collect and remit to the Director of the Division of Taxation in the Department of the Treasury, the use tax due pursuant to the Sales and Use Tax Act, (N.J.S.A. 54:32B-1 et seq.) on all sales of tangible personal property delivered into the State. Any questions in this regard can be directed to the Division of Taxation at (609)292-6400. Form NJ-REG can be filed online at www.state.nj.us/treasury/revenue/busregcert.shtml.

Before final payment is made under the contract, the contractor shall submit to the Contracting Agency a complete and accurate list of all subcontractors used and their addresses. Pursuant to N.J.S.A. 54:49-4.1, a business organization that fails to provide a copy of a business registration as required, or that provides false business registration information, shall be liable for a penalty of $25 for each day of violation, not to exceed $50,000, for each proof of business registration not properly provided

CERTIFICATION OF NON-DEBARMENT 

FOR FEDERAL GOVERNMENT CONTRACTS

N.J.S.A. 52:32-44.1 (P.L. 2019, c.406)

This certification shall be completed, certified to, and submitted to the contracting unit prior to contract award, except for emergency contracts where submission is required prior to payment.  

?Sole Proprietorship (skip Parts III and IV)  ?Non-Profit Corporation (skip Parts III and IV) ?For-Profit Corporation (any type)   ?Limited Liability Company (LLC)  ?Partnership

?Limited Partnership   ?Limited Liability Partnership (LLP)

?Other (be specific): ______________________________________________

                THE WALL:  WORKPLACE ACCOUNTABILITY IN LABOR LIST

Authorized the New Jersey Department of Labor and Workforce Development (NJDOL) to create a list on its website, dubbed the Workplace Accountability in Labor List (The WALL), of any person found in violation of any State wage, benefit, and tax laws and against whom a final order has been issued by the NJDOL for such violation.

Any person or business named on The WALL is prohibited from contracting with any contracting unit until the liability for violations of State wage, benefit, and tax laws have been paid in full.

Local Public Contracts Law and Public-School Contracts Law contracting units must crosscheck prospective contractor and vendor names against the WALL before awarding any contract over the quote threshold. A contract cannot be awarded to any contractor or vendor appearing on the WALL.

Please note that contracting units must continue to check applicable debarment lists as part of their procurement process. Although a person or business has been removed from The WALL, that there may be other reasons why they remain ineligible for public contracting. For example, a business may be debarred for a period of time under the New Jersey Prevailing Wage Act.

Any questions about The WALL or a given person's status for purposes of The WALL should be directed to the NJDOL Office of Strategic Enforcement and Compliance at OSECInquiries@dol.nj.gov or 609-376-4952.

TOWNSHIP OF DEPTFORD

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE

N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127)

N.J.A.C. 17:27

CONSTRUCTION CONTRACTS

During the performance of this contract, the contractor agrees as follows:

The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause. The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.

The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment. The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer, pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act. When hiring or scheduling workers in each construction trade, the contractor or subcontractor agrees to make good faith efforts to employ minority and women workers in each construction trade consistent with the targeted employment goal prescribed by N.J.A.C. l7:27-7.2; provided, however, that the Dept. of LWD, Construction EEO Monitoring Program, may, in its discretion, exempt a contractor or subcontractor from compliance with the good faith procedures prescribed by the following provisions, A, B, and C, as long as the Dept. of LWD, Construction EEO Monitoring Program is satisfied that the contractor or subcontractor is employing workers provided by a union which provides evidence, in accordance with standards prescribed by the Dept. of LWD,

Construction EEO Monitoring Program, that its percentage of active “card carrying” members who are minority and women workers is equal to or greater than the targeted employment goal established in accordance with N.J.A.C. 7:27-7.2. The contractor or subcontractor agrees that a good faith effort shall include compliance with the following procedures:

(A) If the contractor or subcontractor has a referral agreement or arrangement with a union for a construction trade, the contractor or subcontractor shall, within three business days of the contract award, seek assurances from the union that it will cooperate with the contractor or subcontractor as it fulfills its affirmative action obligations under this contract and in accordance with the rules promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et. seq., as supplemented and amended from time to time and the Americans with Disabilities Act. If the contractor or subcontractor is unable to obtain said assurances from the construction trade union at least five business days prior to the commencement of construction work, the contractor or subcontractor agrees to afford equal employment opportunities minority and women workers directly, consistent with this chapter. If the contractor's or subcontractor's prior experience with a construction trade union, regardless of whether the union has provided said assurances, indicates a significant possibility that the trade union will not refer sufficient minority and women workers consistent with affording equal employment opportunities as specified in this chapter, the contractor or subcontractor agrees to be prepared to provide such opportunities to minority and women workers directly, consistent with this chapter, by complying with the hiring or scheduling procedures prescribed under (B) below; and the contractor or subcontractor further agrees to take said action immediately if it determines that the union is not referring minority and women workers consistent with the equal employment opportunity goals set forth in this chapter.

(B) If good faith efforts to meet targeted employment goals have not or cannot be met for each construction trade by adhering to the procedures of (A) above, or if the contractor does not have a referral agreement or arrangement with a union for a construction trade, the contractor or subcontractor agrees to take the following actions:

(1) To notify the public agency compliance officer, the Dept. of LWD, Construction EEO Monitoring Program, and minority and women referral organizations listed by the Division pursuant to N.J.A.C. 17:27-5.3, of its workforce needs, and request referral of minority and women workers;

(2) To notify any minority and women workers who have been listed with it as awaiting available vacancies;

(3) Prior to commencement of work, to request that the local construction trade union refer minority and women workers to fill job openings, provided the contractor or subcontractor has a referral agreement or arrangement with a union for the construction trade;

(4) To leave standing requests for additional referral to minority and women workers with the local construction trade union, provided the contractor or subcontractor has a referral agreement or arrangement with a union for the construction trade, the State Training and Employment Service and other approved referral sources in the area;

(5) If it is necessary to lay off some of the workers in a given trade on the construction site, layoffs shall be conducted in compliance with the equal employment opportunity and nondiscrimination standards set forth in this regulation, as well as with applicable Federal and State court decisions;

(6) To adhere to the following procedure when minority and women workers apply or are referred to the contractor or subcontractor:

(i) The contactor or subcontractor shall interview the referred minority or women worker.

(ii) If said individuals have never previously received any document or certification signifying a level of qualification lower than that required in order to perform the work of the construction trade, the contractor or subcontractor shall in good faith determine the qualifications of such individuals. The contractor or subcontractor shall hire or schedule those individuals who satisfy appropriate qualification standards in conformity with the equal employment opportunity and non-discrimination principles set forth in this chapter. However, a contractor or subcontractor shall determine that the individual at least possesses the requisite skills, and experience recognized by a union, apprentice program or a referral agency, provided the referral agency is acceptable to the Dept. of LWD, Construction EEO Monitoring Program. If necessary, the contractor or

subcontractor shall hire or schedule minority and women workers who qualify as trainees pursuant to these rules. All of the requirements, however, are limited by the provisions of (C) below.

(iii) The name of any interested women or minority individual shall be maintained on a waiting list, and shall be considered for employment as described in (i) above, whenever vacancies occur. At the request of the Dept. of LWD, Construction EEO Monitoring Program, the contractor or subcontractor shall provide evidence of its good faith efforts to employ women and minorities from the list to fill vacancies.

(iv) If, for any reason, said contractor or subcontractor determines that a minority individual or a woman is not qualified or if the individual qualifies as an advanced trainee or apprentice, the contractor or subcontractor shall inform the individual in writing of the reasons for the determination, maintain a copy of the determination in its files, and send a copy to the public agency compliance officer and to the Dept. of LWD, Construction EEO Monitoring Program.

(7) To keep a complete and accurate record of all requests made for the referral of workers in any trade covered by the contract on forms made available by the Dept. of LWD, Construction EEO Monitoring Program and submitted promptly to the Dept. of LWD, Construction EEO Monitoring Program upon request.

(C) The contractor or subcontractor agrees that nothing contained in (B) above shall preclude the contractor or subcontractor from complying with the union hiring hall or apprenticeship policies in any applicable collective bargaining agreement or union hiring hall arrangement, and, where required by custom or agreement, it shall send journeymen and trainees to the union for referral, or to the apprenticeship program for admission, pursuant to such agreement or arrangement. However, where the practices of a union or apprenticeship program will result in the exclusion of minorities and women or the failure to refer minorities and women consistent with the targeted county employment goal, the contractor or subcontractor shall consider for employment persons referred pursuant to (B) above without regard to such agreement or arrangement; provided further, however, that the contractor or subcontractor shall not be required to employ women and minority advanced trainees and trainees in numbers which result in the employment of advanced trainees and trainees as a percentage of the total workforce for the construction trade, which percentage significantly exceeds the apprentice to journey worker ratio specified in the applicable collective bargaining agreement,

or in the absence of a collective bargaining agreement, exceeds the ratio established by practice in the area for said construction trade. Also, the contractor or subcontractor agrees that, in implementing the procedures of (B) above, it shall, where applicable, employ minority and women workers residing within the geographical jurisdiction of the union. After notification of award, but prior to signing a construction contract, the contractor shall submit to the public agency compliance officer and the Dept. of LWD, Construction EEO Monitoring Program an initial project workforce report (Form AA-201) electronically provided to the public agency by the Dept. of LWD, Construction EEO Monitoring Program, through its website, for distribution to and completion by the contractor, in accordance with N.J.A.C. 17:27-7. The contractor also agrees to submit a copy of the Monthly Project Workforce Report once a month thereafter for the duration of this contract to the Dept. of LWD, Construction EEO Monitoring Program, and to the public agency compliance officer. The contractor agrees to cooperate with the public agency in the payment of budgeted funds, as is necessary, for on-the-job and/or off-the job programs for outreach and training of minorities and women.

(D) The contractor and its subcontractors shall furnish such reports or other documents to the Dept. of LWD,  Construction EEO Monitoring Program as may be requested by the Dept. of LWD, Construction EEO Monitoring Program from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Dept. of LWD, Construction EEO Monitoring Program for conducting a compliance investigation pursuant to N.J.A.C. 17:27-1.1 et seq.

NEW JERSEY ANTI-DISCRIMINATION PROVISIONS

Pursuant to N.J.S.A. 10:2-1, if awarded a contract, the contractor agrees that:

a. In the hiring of persons for the performance of work under this contract or any subcontract hereunder, or for the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under this contract, no contractor, nor any person acting on behalf of such contractor or subcontractor, shall, by reason of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex, discriminate against any person who is qualified and available to perform the work to which the employment relates;

b. No contractor, subcontractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee engaged in the performance of work under this contract or any subcontract hereunder, or engaged in the procurement, manufacture, assembling or furnishing of any such materials, equipment, supplies or services to be acquired under such contract, on account of race, creed, color, national origin, ancestry, marital status, gender identity or expression, affectional or sexual orientation or sex;

c. There may be deducted from the amount payable to the contractor by the contracting public agency, under this contract, a penalty of $50.00 for each person for each calendar day during which such person is discriminated against or intimidated in violation of the provisions of the contract; and

d. This contract may be canceled or terminated by the contracting public agency, and all money due or to become due hereunder may be forfeited, for any violation of this section of the contract occurring after notice to the contractor from the contracting public agency of any prior violation of this section of the contract.