Armed Security Guards

The City of Newark, NJ will receive bids via the City's e-Procurement Portal for 2026-12, Armed Security Guards. Bids will be received until 2:00 pm on Wednesday, June 3, 2026 and then publicly opened and read aloud. Any bid received after 2:00 pm shall not be accepted in the ProcureNow system.

Only electronic bids shall be accepted.

NOTE: It is important to note that this process should be completed well in advance of the bid deadline / bid opening. DO NOT WAIT UNTIL THE LAST MINUTE. The City's electronic procurement portal will not allow electronic bids to be submitted once the deadline has passed, even if you've already started the process. The deadline is based on the countdown timer found on the OpenGov bid submission page.

Project Details

Reference ID: 2026-12
Department: Division of Central Purchasing
Department Head: Aniesa Atiyyeh (Purchasing Agent)

Important Dates

Questions Due: 2026-05-22T18:00:00.000Z

Evaluation Criteria

Bid Security Requirements —
If the Business Administrator has authorized the Purchasing Agent, in writing, to eliminate or modify the bonding requirements they are as follows:
The Bid Bond (certified check/cashier’s check), in the amount of 10% of the total bid not to exceed $20,000.00 isRequired
The Performance Bond is% of total bid
1. All pertinent papers including a copy of Bid Bond or Certified Check (if not covered by an Annual Bid Bond) must be submitted as part of the proposal, with an original copy being submitted to the Office of the Division of Central Purchasing, 47-63 Green Street, Newark, NJ 07102.
2. If an Annual Bid Bond is on file with the Office of the Division of Central Purchasing, 47-63 Green Street, Newark, NJ 07102, covering the CURRENT YEAR, no Bid Bond or Certified Check is required with the bid. Note: All Annual Bid Bonds expire on December 31st of each calendar year, regardless of the date filed.
3. If the total amount of your bid is UNDER $53,000.00 a Bid Bond or Certified Check is not required.
4. On bids that are RE-ADVERTISED, a new Bid Bond or Certified Check is not required.
Important Instructions for Electronic Submittal —
The City of Newark is accepting electronic bid submissions. Bidders shall create a FREE account with ProcureNow by signing up at https://secure.procurenow.com/signup. Once you have completed account registration, browse back to this page, click on "Submit Response", and follow the instructions to submit the electronic bid.
RESPONSIBILITY OF BIDDERS —
A price increase or decrease will only apply to bids based on goods from the manufacturer’s direct factory branches, or their authorized distributors or dealers.

Bidders are required to maintain on hand ample stock at all times to fill emergency orders. The City reserves the right to inspect the place of business of the low bidder to determine his ability to obtain and stock the manufacturer’s items for delivery to the City.
RESPONSIBILITY OF BIDDERS —
A price increase or decrease will only apply to bids based on goods from the manufacturer’s direct factory branches, or their authorized distributors or dealers.

Bidders are required to maintain on hand ample stock at all times to fill emergency orders. The City reserves the right to inspect the place of business of the low bidder to determine his ability to obtain and stock the manufacturer’s items for delivery to the City.

The latest manufacturer’s printed price list(s) quoted in the Price Schedule Sheet must be submitted with the bid. If more than one price column is shown on the list submitted, the bidder must indicate the price column upon which his quotation is based.

Quotations based on any other price list other than the manufacturer’s latest printed price list will be declared informal.
Bid Security Requirements —
If the Business Administrator has authorized the Purchasing Agent, in writing, to eliminate or modify the Bonding requirements they are as follows:
The Bid Bond (certified check/cashier’s check), in the amount of 10% of the total bid not to exceed $20,000.00 isRequired
The Performance Bond is% of total bid
1. All pertinent papers including a copy of Bid Bond or Certified Check (if not covered by an Annual Bid Bond) must be submitted as part of the proposal, with an original copy being submitted to the Office of the Division of Central Purchasing, 47-63 Green Street, Newark, NJ 07102.
2. If an Annual Bid Bond is on file with the Office of the Division of Central Purchasing, 47-63 Green Street, Newark, NJ 07102, covering the CURRENT YEAR, no Bid Bond or Certified Check is required with the bid. Note: All Annual Bid Bonds expire on December 31st of each calendar year, regardless of the date filed.
3. If the total amount of your bid is UNDER $44,000.00 a Bid Bond or Certified Check is not required.
4. On bids that are RE-ADVERTISED, a new Bid Bond or Certified Check is not required.
TARIFFS SURCHARGES —
1. All applicable tariffs’ fees must be clearly itemized and supported by official documentation from the corresponding regulatory authority, for example the United States International Trade Commission, The Department of Commerce and the like.
2. The City shall not pay surcharges beyond tariffs’ fees established by regulatory agencies or guidelines.
3. Vendors must comply with all applicable tariffs regulations and provide proof of adherence upon request.
Submission of Bids —
1. Sealed bids shall be received by the City of Newark, via the City’s e-Procurement Portal, ProcureNow, hereinafter referred to as “City,” in accordance with public advertisement as required by law, with a copy of said notice being attached hereto and made a part of these specifications.
2. Sealed bids will be received via the City's e-Procurement Portal by 2:00 pm as stated in the Notice to Bidders, and at such time bids will be publicly opened and read aloud.
3. It is the bidder's responsibility that bids are submitted through ProcureNow at the time designated. After the designated submission due date and time bidders shall not have the ability to be entered and accepted.
Submission of Bids —
1. Sealed bids shall be received by the City of Newark, via the City’s e-Procurement Portal, ProcureNow, hereinafter referred to as “City,” in accordance with public advertisement as required by law, with a copy of said notice being attached hereto and made a part of these specifications.
2. Sealed bids will be received via the City's e-Procurement Portal by 10:15 am as stated in the Notice to Bidders, and at such time bids will be publicly opened and read aloud.
3. It is the bidder's responsibility that bids are submitted through ProcureNow at the time designated. After the designated submission due date and time bidders shall not have the ability to be entered and accepted.
NEW ITEMS —
Any new items introduced by the manufacturer during the contract period that replace the items specified on the Price Schedule Sheet may be included in the existing contract. A notice from the manufacturer stating that the replacement has occurred must be submitted to the City’s Division of Central Purchasing within 5 days after the effective date.
Notice To Bidders —
CITY OF NEWARK
DEPARTMENT OF ADMINISTRATION
NOTICE TO BIDDERS

NOTICE IS HEREBY GIVEN that sealed proposals will be received by the Division of Central Purchasing on Wednesday, June 3, 2026, up to and until 2:00 pm (prevailing time) in the City’s electronic procurement portal at which time proposals will be opened and read in public for:2026-12 Armed Security Guards
Specifications and other proposal information may be obtained on the City’s electronic procurement portal: https://procurement.opengov.com/portal/newarknj.
Proposals shall be submitted via the City's electronic procurement portal: https://procurement.opengov.com/portal/newarknj. Any proposal received after 2:00 P.M. shall not be accepted. Only electronic proposals shall be accepted.
Respondents are required to comply with N.J.S.A. 10:5-31, et seq., P.L. 1975, c. 127, N.J.A.C. 17:27-1 et seq., and all other applicable laws, regulations, or ordinances concerning affirmative action goals and equal employment opportunity.
The City of Newark reserves the right to reject any and all proposals in accordance with N.J.S.A. 40A:11-4, 40A:11-13.2 and 40A:11-23.2, and waive minor informalities not considered material defects under N.J.S.A. 40A:11-1, et seq.
The City of Newark will conduct and broadcast the bid opening in real time at the Division of Central Purchasing. Respondents and the public have the option of remotely accessing and viewing the bid opening through a Zoom conference with visual and audio capability. Bidders may join the virtual bid opening using the information below:
https://NewarkNJ.zoom.us/j/4347351102
Meeting ID: 434 735 1102
If there are any questions regarding the bid opening process, please contact the Division of Central Purchasing at 973-733-3776.
Aniesa Atiyyeh, QPA
Purchasing Agent
DETERMINING THE LOW BIDDER —
The price column quoted, plus or minus the percentage quoted on the Price Schedule Sheet, will be the basis for determining the low bidder.
Scope of Work —
Please see Attachments for Scope of Work / Specifications.
Questions —
Questions must be submitted through the City's e-Procurement Portal. Questions will not be accepted by any other means.
PRICE INCREASE OR DECREASE —
The bidder agrees that the prices quoted on the Price Schedule Sheet will remain firm for the term of the contract.

In the event of a price increase, such increase shall not be in excess of the legal limit established by the manufacturer or government controls, where applicable.

State Building Service Contracts - Prevailing Wages:
The Contractor may apply to the Director in writing, on the anniversary of the effective date of the Contract for a price increase. The price increase will be available only for an increase in the prevailing wages of trades and occupations covered under this Contract during the prior year. The Contractor must substantiate with documentation, the need for the increase and submit it to the Director for review and approval/determination of the amount, if any, of the requested increase, which shall be available for the upcoming Contract year. No retroactive increases will be approved by the Director.

All correspondence regarding price changes must be submitted to:

City of Newark
Division of Central Purchasing
47-63 Green Street
Newark, NJ 07102
Questions —
Questions must be submitted through the City's e-Procurement Portal. Questions will not be accepted by any other means.
Bid Withdrawal —
Sealed bids forwarded to the owner before the time of opening of bids may be withdrawn through the City's e-Procurement Portal. To withdraw a proposal through the City's e-Procurement Portal, the responding firm may “unsubmit” their proposal in ProcureNow. After withdrawing a previously submitted proposal, the responding firm may submit another proposal at any time up to the deadline for submitting proposals.
Once bids have been opened, they shall remain firm for a period of sixty (60) calendar days.
NEW ITEMS —
Any new items introduced by the manufacturer during the contract period may be included in the existing contract, provided that the manufacturer’s revised printed price list is submitted to the City’s Division of Central Purchasing within 5 days after the effective date.

The net price of the new items shall be based on the same percentage discount or markup as quoted in the existing contract.
Bid Withdrawal —
Sealed bids forwarded to the owner before the time of opening of bids may be withdrawn through the City's e-Procurement Portal. To withdraw a proposal through the City's e-Procurement Portal, the responding firm may “unsubmit” their proposal in ProcureNow. After withdrawing a previously submitted proposal, the responding firm may submit another proposal at any time up to the deadline for submitting proposals.
Once bids have been opened, they shall remain firm for a period of sixty (60) calendar days.
Multiple Bids —
More than one bid from an individual, a firm or partnership, a corporation, or association under the same names shall not be considered.
Multiple Bids —
More than one bid from an individual, a firm or partnership, a corporation, or association under the same names shall not be considered.
PRICE INCREASE OR DECREASE —
The percentages as stipulated in the contract will remain firm for the contract period. The same percentages will apply to all items in the manufacturer’s revised printed price list.

In the event of a price increase, such increase shall not be in excess of the legal limit established by the manufacturer or government controls, where applicable.

To qualify for any revision in price, either an increase or a decrease, the bidder must submit a copy of the manufacturer’s latest printed revised price list or other such documentation indicating the dollar amount or percentage change in price. This notice must be submitted to the City’s Division of Central Purchasing within 5 days after the effective date.

All correspondence regarding product replacement and price changes must be submitted to:

City of Newark
Division of Central Purchasing
47-63 Green Street
Newark, NJ 07102
Pricing —
1. All prices and amounts must be provided for in the Bid Proposal Form in the City’s e-Procurement Portal Bids containing any conditions, omissions, unexplained erasures or alterations, items not called for in the bid proposal form, attachment of additive information not required by the specifications, or irregularities of any kind, may be cause for rejection by the City in accordance with applicable law.
2. Each bid proposal form must give the full business address, business phone, fax, e-mail (if available), the contact person of the bidder, and be signed by an authorized representative as follows:
  1. Bids by partnerships must furnish the full name of all partners and must be signed in the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing.
  2. Bids by corporations must be signed in the legal name of the corporation, followed by the name of the State in which incorporated and must contain the signature and designation of the president, secretary, or other person authorized to bind the corporation in the matter.
  3. Bids by sole-proprietorship shall be signed by the proprietor.
  4. When requested, satisfactory evidence of the authority of the officer signing shall be furnished.
Pricing —
1. All prices and amounts must be provided for in the Bid Proposal Form in the City’s e-Procurement Portal Bids containing any conditions, omissions, unexplained erasures or alterations, items not called for in the bid proposal form, attachment of additive information not required by the specifications, or irregularities of any kind, may be cause for rejection by the City in accordance with applicable law.
2. Each bid proposal form must give the full business address, business phone, fax, e-mail (if available), the contact person of the bidder, and be signed by an authorized representative as follows:
  1. Bids by partnerships must furnish the full name of all partners and must be signed in the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing.
  2. Bids by corporations must be signed in the legal name of the corporation, followed by the name of the State in which incorporated and must contain the signature and designation of the president, secretary, or other person authorized to bind the corporation in the matter.
  3. Bids by sole-proprietorship shall be signed by the proprietor.
  4. When requested, satisfactory evidence of the authority of the officer signing shall be furnished.
Truth in Contracting —
1. Bidder should be aware of the following statutes that represent “Truth in Contracting” laws:
  1. N.J.S.A. 2C:21-34 governs false claims and representations by bidders. It is a serious crime for the bidder to knowingly submit a false claim and/or knowingly make material misrepresentation.
  2. N.J.S.A. 2C:27-10 provides that a person commits a crime if said person offer benefits to public servants who solicit, accept or agree to accept any benefit, to influence the performance of an official duty or to commit a violation of an official duty.
  3. N.J.S.A. 2C:27-11 provides that a bidder commits a crime if said person, directly or indirectly, confers or agrees to confer any benefit not allowed by law to a public servant.
  4. Bidder should consult the statutes or legal counsel for further information.
Truth in Contracting —
1. Bidder should be aware of the following statutes that represent “Truth in Contracting” laws:
  1. N.J.S.A. 2C:21-34 governs false claims and representations by bidders. It is a serious crime for the bidder to knowingly submit a false claim and/or knowingly make material misrepresentation.
  2. N.J.S.A. 2C:27-10 provides that a person commits a crime if said person offer benefits to public servants who solicit, accept or agree to accept any benefit, to influence the performance of an official duty or to commit a violation of an official duty.
  3. N.J.S.A. 2C:27-11 provides that a bidder commits a crime if said person, directly or indirectly, confers or agrees to confer any benefit not allowed by law to a public servant.
  4. Bidder should consult the statutes or legal counsel for further information.
Pay-to-Play Disclosure —
Business entities are advised of their responsibility to file an annual disclosure statement of political contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A. 19:44A-20.27, if they receive contracts in excess of $50,000.00 from public entities in a calendar year. Business entities are responsible for determining if filing is necessary. Additional information on this requirement is available from ELEC at 888-313-3532 or www.elec.state.nj.us.
Pay-to-Play Disclosure —
Business entities are advised of their responsibility to file an annual disclosure statement of political contributions with the New Jersey Election Law Enforcement Commission (ELEC) pursuant to N.J.S.A. 19:44A-20.27, if they receive contracts in excess of $50,000.00 from public entities in a calendar year. Business entities are responsible for determining if filing is necessary. Additional information on this requirement is available from ELEC at 888-313-3532 or www.elec.state.nj.us.
Official Requests for Bid Packages —
Bid packages are available on the City’s e-Procurement Portal at no cost to the prospective respondents. All addenda are posted on this site. Potential respondents are cautioned that they are responding at their own risk if a third party supplied the specifications that may or may not be complete. The City of Newark is not responsible for third party supplied documents. Respondents are urged to register their contact information on the website so any addenda to theses specifications can be sent to them.
Official Requests for Bid Packages —
Bid packages are available on the City’s e-Procurement Portal at no cost to the prospective respondents. All addenda are posted on this site. Potential respondents are cautioned that they are responding at their own risk if a third party supplied the specifications that may or may not be complete. The City of Newark is not responsible for third party supplied documents. Respondents are urged to register their contact information on the website so any addenda to theses specifications can be sent to them.
Additional Requirements —
1. The City will award the Contract or Contracts to the lowest responsive and responsible bidder N.J.S.A 40A:11-4. The City reserves the right to reject bids and to waive informalities in accordance with applicable laws, including but not limited to N.J.S.A. 40A:11-4(b) and (c), N.J.S.A. 40A:11-13.2 and N.J.S.A. 40A:11- 23.2, and, to award the contract or contracts in whole or any part thereof, also, the right to cancel the contract of any contractor who fails to perform faithfully any of its stipulations or in case of a willful attempt to impose upon the City, any material inferior to the quality required by the contract and any action taken therein shall not impair any right or claim of the City of Newark to damages for breach of contract.
2. The City reserves the right to increase or decrease the amount of the contract to cover the actual requirements needed for the contract period. The City reserves the right to award contract(s) pursuant to these specifications to more than a single bidder, if, in the opinion of the City, the demand for goods and/or services is such as to require the use of more than one supplier in order to satisfy the constraints of quantity and timeliness.
3. The vendor shall guarantee all items to be free of defect in material make-up and to be free of flaws. The vendor shall replace any and all items ascertained by the City to be flawed within forty-eight (48) hours after official notification of such, or as otherwise stated herein.
4. No officer or employee elected or appointed in any municipality shall be interested directly or indirectly in any contract or job for work or materials, or the profit thereof, to be furnished or performed for the municipality, pursuant to N.J.S.A. 40:69A-163 and R.O. 1996 § 2:4-12.
5. The bidder agrees that the goods and/or services to be provided under this agreement shall only be provided upon presentation to the bidder of a “Purchase Order” for such goods and/or services, authorized by the Purchasing Agent or authorized representative. The City shall bear no obligation to make payment for any goods and/or services provided by the bidder without such duly authorized documents. Award of any contract(s) pursuant to these specifications shall in all cases be subject to availability of funds duly appropriated for these purposes. Any contract(s) as awarded shall immediately cease to be in effect at such time as funds cease to be available for these purposes.
6. Bidders shall comply with the applicable regulations of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti- Kickback Act" (40 U.S.C. 276c) and any amendments or modifications thereto.
7. It is the strong desire of the Municipal Council that every effort be undertaken to ensure that employment opportunities be provided for Newark residents to fill positions identified within the scope of this contract. The vendor shall be required to file written employment reports on a quarterly basis throughout the term of contract with the Director of Central Purchasing and the Office of the City Clerk.
Additional Requirements —
1. The City will award the Contract or Contracts to the lowest responsive and responsible bidder N.J.S.A 40A:11-4. The City reserves the right to reject bids and to waive informalities in accordance with applicable laws, including but not limited to N.J.S.A. 40A:11-4(b) and (c), N.J.S.A. 40A:11-13.2 and N.J.S.A. 40A:11- 23.2, and, to award the contract or contracts in whole or any part thereof, also, the right to cancel the contract of any contractor who fails to perform faithfully any of its stipulations or in case of a willful attempt to impose upon the City, any material inferior to the quality required by the contract and any action taken therein shall not impair any right or claim of the City of Newark to damages for breach of contract.
2. The City reserves the right to increase or decrease the amount of the contract to cover the actual requirements needed for the contract period. The City reserves the right to award contract(s) pursuant to these specifications to more than a single bidder, if, in the opinion of the City, the demand for goods and/or services is such as to require the use of more than one supplier in order to satisfy the constraints of quantity and timeliness.
3. The vendor shall guarantee all items to be free of defect in material make-up and to be free of flaws. The vendor shall replace any and all items ascertained by the City to be flawed within forty-eight (48) hours after official notification of such, or as otherwise stated herein.
4. No officer or employee elected or appointed in any municipality shall be interested directly or indirectly in any contract or job for work or materials, or the profit thereof, to be furnished or performed for the municipality, pursuant to N.J.S.A. 40:69A-163 and R.O. 1996 § 2:4-12.
5. The bidder agrees that the goods and/or services to be provided under this agreement shall only be provided upon presentation to the bidder of a “Purchase Order” for such goods and/or services, authorized by the Purchasing Agent or authorized representative. The City shall bear no obligation to make payment for any goods and/or services provided by the bidder without such duly authorized documents. Award of any contract(s) pursuant to these specifications shall in all cases be subject to availability of funds duly appropriated for these purposes. Any contract(s) as awarded shall immediately cease to be in effect at such time as funds cease to be available for these purposes.
6. Bidders shall comply with the applicable regulations of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti- Kickback Act" (40 U.S.C. 276c) and any amendments or modifications thereto.
7. It is the strong desire of the Municipal Council that every effort be undertaken to ensure that employment opportunities be provided for Newark residents to fill positions identified within the scope of this contract. The vendor shall be required to file written employment reports on a quarterly basis throughout the term of contract with the Director of Central Purchasing and the Office of the City Clerk.
Bid Guarantee —
Bidder shall submit with the bid a certified check, cashier’s check or bid bond in the amount of ten percent (10%) of the total price bid, but not in excess of $20,000.00, payable unconditionally to the City of Newark. When submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid Bond from a surety company authorized to do business in the State of New Jersey and acceptable to be the owner. The check or bond of the unsuccessful bidder(s) shall be returned pursuant to N.J.S.A. 4A:11-24(a). The check or bond of the bidder to whom the contract is awarded shall be retained until the contract is executed and the required performance bond or other security is submitted. The check or bond of the successful bidder shall be forfeited if the bidder fails to enter into a contract pursuant to N.J.S.A. 40A:11-21.
The Bid Bond shall include a valid Power of Attorney authorizing the Attorney-in-Fact to execute the documents. Failure to submit a bid guarantee shall result in rejection of the bid.
Bid Guarantee —
Bidder shall submit with the bid a certified check, cashier’s check or bid bond in the amount of ten percent (10%) of the total price bid, but not in excess of $20,000.00, payable unconditionally to the City of Newark. When submitting a Bid Bond, it shall contain Power of Attorney for full amount of Bid Bond from a surety company authorized to do business in the State of New Jersey and acceptable to be the owner. The check or bond of the unsuccessful bidder(s) shall be returned pursuant to N.J.S.A. 4A:11-24(a). The check or bond of the bidder to whom the contract is awarded shall be retained until the contract is executed and the required performance bond or other security is submitted. The check or bond of the successful bidder shall be forfeited if the bidder fails to enter into a contract pursuant to N.J.S.A. 40A:11-21.
The Bid Bond shall include a valid Power of Attorney authorizing the Attorney-in-Fact to execute the documents. Failure to submit a bid guarantee shall result in rejection of the bid.
Consent of Surety —
Bidder shall submit with the bid a Certificate (Consent) of Surety with Power of Attorney for full amount of bid price from a Surety Company authorized to do business in the State of New Jersey, and acceptable to the City of Newark stating that it will provide said bidder with a Performance Bond in the full amount of the bid. This certificate shall be obtained in order to confirm that the bidder to whom the contract is awarded will furnish Performance and Payment Bonds from an acceptable surety company on behalf of said bidder, any or all subcontractors or by each respective subcontractor or by any combination thereof which results in performance security equal to the total amount of the contract, pursuant to N.J.S.A. 40A:11-22.
Failure to submit a consent of surety form as required by the City, specific to the bid proposal named on the invitation to bid, shall result in rejection of the bid.
Consent of Surety —
Bidder shall submit with the bid a Certificate (Consent) of Surety with Power of Attorney for full amount of bid price from a Surety Company authorized to do business in the State of New Jersey, and acceptable to the City of Newark stating that it will provide said bidder with a Performance Bond in the full amount of the bid. This certificate shall be obtained in order to confirm that the bidder to whom the contract is awarded will furnish Performance and Payment Bonds from an acceptable surety company on behalf of said bidder, any or all subcontractors or by each respective subcontractor or by any combination thereof which results in performance security equal to the total amount of the contract, pursuant to N.J.S.A. 40A:11-22.
Failure to submit a consent of surety form as required by the City, specific to the bid proposal named on the invitation to bid, shall result in rejection of the bid.
Performance Bond —
The successful bidder shall simultaneously with the delivery of the executed contract, submit an executed bond in the amount of one hundred percent (100%) of the acceptable bid as security for the faithful performance of this contract, unless the performance bond amount has been waived or reduced by authorization of the Business Administrator.
The performance bond provided shall not be released until final acceptance of the whole work and then only if any liens or claims have been satisfied. The surety on such bond or bonds shall be a duly authorized surety company authorized to do business in the State of New Jersey pursuant to N.J.S.A. 17:31.5. For multi-year contracts, the Performance Bond may be resubmitted each year on the Contract Anniversary Date for the amount remaining on the contract.
Failure to submit this with the executed contract shall be cause for declaring the contract null and void pursuant to N.J.S.A. 40A:11-22.
Performance Bond —
The successful bidder shall simultaneously with the delivery of the executed contract, submit an executed bond in the amount of one hundred percent (100%) of the acceptable bid as security for the faithful performance of this contract, unless the performance bond amount has been waived or reduced by authorization of the Business Administrator.
The performance bond provided shall not be released until final acceptance of the whole work and then only if any liens or claims have been satisfied. The surety on such bond or bonds shall be a duly authorized surety company authorized to do business in the State of New Jersey pursuant to N.J.S.A. 17:31.5. For multi-year contracts, the Performance Bond may be resubmitted each year on the Contract Anniversary Date for the amount remaining on the contract.
Failure to submit this with the executed contract shall be cause for declaring the contract null and void pursuant to N.J.S.A. 40A:11-22.
Labor and Material (Payment) Bond —
The successful bidder shall with the delivery of the performance bond submit an executed payment bond to guarantee payment to laborers and suppliers for the labor and material used in the work performed under the contract.
Failure to submit a labor and material bond with the performance bond shall be cause for declaring the contract null and void pursuant to N.J.S.A. 2A:44-143.
Labor and Material (Payment) Bond —
The successful bidder shall with the delivery of the performance bond submit an executed payment bond to guarantee payment to laborers and suppliers for the labor and material used in the work performed under the contract.
Failure to submit a labor and material bond with the performance bond shall be cause for declaring the contract null and void pursuant to N.J.S.A. 2A:44-143.
Maintenance Bond —
Upon acceptance of the work by the City of Newark, the contractor shall submit a maintenance bond (N.J.S.A. 40A:11-16.3) in an amount not to exceed _____% of the project costs guaranteeing against defective quality of work or materials for the period of:
____ 1 year
____ 2 years
Maintenance Bond —
Upon acceptance of the work by the City of Newark, the contractor shall submit a maintenance bond (N.J.S.A. 40A:11-16.3) in an amount not to exceed _____% of the project costs guaranteeing against defective quality of work or materials for the period of:
____ 1 year
____ 2 years
Interpretation —
1. The bidder understands and agrees that its bid is submitted on the basis of the specifications prepared by the City of Newark. The bidder accepts the obligation to become familiar with these specifications.
2. Bidders are expected to examine the specifications and related bid documents with care and observe all their requirements. Ambiguities, errors or omissions noted by bidders should be promptly reported in writing through the Question/Answer Tab via the City's e-Procurement portal, on or before, Question & Answer Submission Date by Question & Answer Submission Time. Any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with the contracting agent no less than three (3) business days prior to the opening of the bids. Challenges filed after that time shall be considered void and have no impact on the City or the award of a contract pursuant to N.J.S.A. 40A:11-13. In the event the bidder fails to notify the City of Newark of such ambiguities, errors or omissions, the bidder shall be bound by the requirements of the specifications and the bidder’s submitted bid.
3. No oral interpretation and/or clarification of the meaning of the specifications for any goods and services will be made to any bidder. All interpretations, clarifications any supplemental instructions will be in the form of written addenda to the specifications and will be distributed to all prospective bidders on record as following this ITB.
Interpretation —
1. The bidder understands and agrees that its bid is submitted on the basis of the specifications prepared by the City of Newark. The bidder accepts the obligation to become familiar with these specifications.
2. Bidders are expected to examine the specifications and related bid documents with care and observe all their requirements. Ambiguities, errors or omissions noted by bidders should be promptly reported in writing through the Question/Answer Tab via the City's e-Procurement portal, on or before, Question & Answer Submission Date by Question & Answer Submission Time. Any prospective bidder who wishes to challenge a bid specification shall file such challenges in writing with the contracting agent no less than three (3) business days prior to the opening of the bids. Challenges filed after that time shall be considered void and have no impact on the City or the award of a contract pursuant to N.J.S.A. 40A:11-13. In the event the bidder fails to notify the City of Newark of such ambiguities, errors or omissions, the bidder shall be bound by the requirements of the specifications and the bidder’s submitted bid.
3. No oral interpretation and/or clarification of the meaning of the specifications for any goods and services will be made to any bidder. All interpretations, clarifications any supplemental instructions will be in the form of written addenda to the specifications and will be distributed to all prospective bidders on record as following this ITB.
Addenda —
All interpretations, clarifications and any supplemental instructions will be in the form of written addenda to the specifications and will be distributed to all prospective bidders. All addenda so issued shall become part of the specifications and bid documents. Any addenda shall be posted on the City's e-Procurement Portal. Addenda notifications will be emailed to all persons on record as following this ITB. Failure of any bidder to receive any such addenda or interpretation shall not relieve such bidder from any obligation under their bid as submitted. The City of Newark’s interpretations and corrections thereof shall be final.
Notices of revisions or addenda will be in accord with N.J.S.A. 5:34-5.3(e).
The City shall not be responsible to notify prospective bidders who have received bid packages from unauthorized third parties.
Addenda —
All interpretations, clarifications and any supplemental instructions will be in the form of written addenda to the specifications and will be distributed to all prospective bidders. All addenda so issued shall become part of the specifications and bid documents. Any addenda shall be posted on the City's e-Procurement Portal. Addenda notifications will be emailed to all persons on record as following this ITB. Failure of any bidder to receive any such addenda or interpretation shall not relieve such bidder from any obligation under their bid as submitted. The City of Newark’s interpretations and corrections thereof shall be final.
Notices of revisions or addenda will be in accord with N.J.S.A. 5:34-5.3(e).
The City shall not be responsible to notify prospective bidders who have received bid packages from unauthorized third parties.
Discrepancies in Bids —
If the amount shown in words and its equivalent in figures do not agree, the written words shall be binding. Ditto marks are not considered writing or printing or accepted and shall be non-responsive.
In the event that there is a discrepancy between the unit prices and the totals, the unit prices shall prevail. In the event there is an error of the summation of the totals, the computation by the Division of Central Purchasing of the extended totals shall govern.
Discrepancies in Bids —
If the amount shown in words and its equivalent in figures do not agree, the written words shall be binding. Ditto marks are not considered writing or printing or accepted and shall be non-responsive.
In the event that there is a discrepancy between the unit prices and the totals, the unit prices shall prevail. In the event there is an error of the summation of the totals, the computation by the Division of Central Purchasing of the extended totals shall govern.
Pre-Bid Conference —
If stated in the Notice to Bidders and provided below:

A Pre-Bid Conference will not be held.
Pre-Bid Conference —
If stated in the Notice to Bidders and provided below:

A Pre-Bid Conference will not be held.
Pre-Bid Conference —
If stated in the Notice to Bidders and provided below:

A Pre-Bid Conference for this proposal will be held on NO VALUE at NO VALUE at the following location:
NO VALUE
Attendance is not mandatory, but is strongly recommended. Failure to attend does not relieve the bidder of any obligations or requirements.
Pre-Bid Conference —
If stated in the Notice to Bidders and provided below:

A Pre-Bid Conference for this proposal will be held on NO VALUE at NO VALUE at the following location:
NO VALUE
Attendance is not mandatory, but is strongly recommended. Failure to attend does not relieve the bidder of any obligations or requirements.
Brand Names, Standards of Quality and Performance —
1. Brand names and/or descriptions used in these specifications are to acquaint bidders with the type of commodity desired and will be used as a standard by which alternate or competitive materials offered as equivalent will be evaluated. Competitive items must be equal to the standard described and be of the same quality of work.
2. Variations between the goods and services described and the goods and services offered are to be fully identified and described by the bidder on a separate sheet and submitted with the bid proposal form. Vendor literature WILL NOT suffice in explaining exceptions to these specifications. In the absence of any written exceptions by the bidder, it will be presumed and required that the goods and services as described in the bid specification will be provided or performed.
  It is the responsibility of the bidder to document and/or demonstrate the equivalency of the goods and services offered. The City reserves the right to evaluate the equivalency of the goods and services.
3. The contractor shall guarantee any or all goods and services supplied under these specifications. Defective or inferior goods shall be replaced at the expense of the contractor. The contractor will be responsible for return freight or restocking charges.
Brand Names, Standards of Quality and Performance —
1. Brand names and/or descriptions used in these specifications are to acquaint bidders with the type of commodity desired and will be used as a standard by which alternate or competitive materials offered as equivalent will be evaluated. Competitive items must be equal to the standard described and be of the same quality of work.
2. Variations between the goods and services described and the goods and services offered are to be fully identified and described by the bidder on a separate sheet and submitted with the bid proposal form. Vendor literature WILL NOT suffice in explaining exceptions to these specifications. In the absence of any written exceptions by the bidder, it will be presumed and required that the goods and services as described in the bid specification will be provided or performed.
  It is the responsibility of the bidder to document and/or demonstrate the equivalency of the goods and services offered. The City reserves the right to evaluate the equivalency of the goods and services.
3. The contractor shall guarantee any or all goods and services supplied under these specifications. Defective or inferior goods shall be replaced at the expense of the contractor. The contractor will be responsible for return freight or restocking charges.
Insurance and Indemnification —
The insurance documents indicated in this solicitation shall include but are not limited to the following coverages.
The successful bidder shall provide coverage so that all insurance coverage must be in effect no later than 12:01 A.M. EST at the start of the day of the contract and remain in effect for the duration of the contract, including any extensions.
Insurance and Indemnification —
The insurance documents indicated in this solicitation shall include but are not limited to the following coverages.
The successful bidder shall provide coverage so that all insurance coverage must be in effect no later than 12:01 A.M. EST at the start of the day of the contract and remain in effect for the duration of the contract, including any extensions.
Insurance —
1. The bidder’s insurance coverage shall be primary insurance with respect to the City of Newark, its officers, officials, employees, volunteers and program participants and shall apply separately to each project or location. Any insurance or self-insurance maintained by the city of Newark, its officers, officials, employees, volunteers and program participants shall be excess of the bidder/vendor’s insurance.
2. Worker’s Compensation Insurance:
  - - Workers Compensation insurance shall be maintained in full force during the life of the contract, covering all employees engaged in performance of the contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C. 12:235-1.6.
3. General Liability Insurance:
  - - General liability insurance shall be provided with limits of not less than a combined single limit for bodily injury and property damage of one million dollars ($1,000,000.00) per occurance, two million dollars ($2,000,000.00) general aggregate, and shall be maintained in full force during the life of the contract.
4. Excess Liability/Umbrella Insurance Form:
  1. - Apply excess of primary to the commercial general liability, and employer's liability insurance shall be provided with minimum limits of three million dollars ($3,000,000.00) per occurrence, three million dollars ($3,000,000.00) general aggregate.
Insurance —
The bidder’s insurance coverage shall be primary insurance with respect to the City of Newark, its officers, officials, employees, volunteers and program participants and shall apply separately to each project or location. Any insurance or self-insurance maintained by the city of Newark, its officers, officials, employees, volunteers and program participants shall be excess of the bidder/vendor’s insurance.
Additional Insured Status —
The City of Newark is to be listed as additional insured for liability arising out of activities performed by or on behalf of the bidder/vendor. This can be achieved by providing (A) and (B) below:
1. The following language on the face of the insurance certificate:
  The City of Newark is included as additional insured.
2. Provide the City with a copy of the Additional Insured Broad Endorsement Form.
Additional Insured Status —
The City of Newark is to be listed as additional insured for liability arising out of activities performed by or on behalf of the bidder/vendor. This can be achieved by providing (A) and (B) below:
1. The following language on the face of the insurance certificate:
  The City of Newark is included as additional insured.
2. Provide the City with a copy of the Additional Insured Broad Endorsement Form.
Worker’s Compensation Insurance —
Workers Compensation insurance shall be maintained in full force during the life of the contract, covering all employees engaged in performance of the contract pursuant to N.J.S.A. 34:15-12(a) and N.J.A.C. 12:235-1.6.
General Liability Insurance —
General liability insurance shall be provided with limits of not less than a combined single limit for bodily injury and property damage of one million dollars ($1,000,000.00) per occurance, two million dollars ($2,000,000.00) general aggregate, and shall be maintained in full force during the life of the contract.
Automotive Liability Insurance —
Automotive liability insurance covering contractor for claims arising from owned, hired and non-owned vehicles with limits of not less than $200,000 any one person and $300,000 any one accident for bodily injury and $100,000 each accident for property damage, shall be maintained in full force during the life of the contract.
Automotive Liability Insurance —
Automotive liability insurance covering contractor for claims arising from owned, hired and non-owned vehicles with limits of not less than $200,000 any one person and $300,000 any one accident for bodily injury and $100,000 each accident for property damage, shall be maintained in full force during the life of the contract.
Other Forms of Insurance Required (specify) —
***Provide any other forms of insurance requirements***
Other Forms of Insurance Required (specify) —
***Provide any other forms of insurance requirements***
Certificates of the Required Insurance/Endorsements —
Certificates of Insurance for those policies required above shall be submitted prior to the execution of the contract. Such coverage shall be with an insurance company authorized to do business in the State of New Jersey and shall name the City of Newark as an additional insured. It must be an insurer with a Best’s rating of no less than “A” indicating compliance with the required coverages. The bidder/vendor must notify the City of Newark immediately of any material change in insurance coverage such as changes in limits, coverages, status of policy, etc. The City of Newark reserves the right to require complete copies of insurance policies at all times.
Self-insured contractors shall submit an affidavit attesting to their self-insured coverage and shall name the City of Newark as an additional insured.
Certificates of the Required Insurance/Endorsements —
Certificates of Insurance for those policies required above shall be submitted prior to the execution of the contract. Such coverage shall be with an insurance company authorized to do business in the State of New Jersey and shall name the City of Newark as an additional insured. It must be an insurer with a Best’s rating of no less than “A” indicating compliance with the required coverages. The bidder/vendor must notify the City of Newark immediately of any material change in insurance coverage such as changes in limits, coverages, status of policy, etc. The City of Newark reserves the right to require complete copies of insurance policies at all times.
Self-insured contractors shall submit an affidavit attesting to their self-insured coverage and shall name the City of Newark as an additional insured.
Indemnification/Hold Harmless —
Bidder shall indemnify and hold harmless the City of Newark, its officers, agents, servants, and employees from all claims, suits or actions, and damages or costs of every name and description to which the City of Newark may be subjected or put by reason of injury to the person or property of another, or the property of the City of Newark, resulting from:
1. Negligent acts or omissions on the part of the contractor, the contractor’s agents, servants or subcontractors in the delivery of goods and services, or in the performance of the work under the contract; and
2. The use of any copyrighted or copyrighted composition, valid trademark, secret process, patented or unpatented invention or article furnished or used in the performance of this contract.
Indemnification/Hold Harmless —
Bidder shall indemnify and hold harmless the City of Newark, its officers, agents, servants, and employees from all claims, suits or actions, and damages or costs of every name and description to which the City of Newark may be subjected or put by reason of injury to the person or property of another, or the property of the City of Newark, resulting from:
1. Negligent acts or omissions on the part of the contractor, the contractor’s agents, servants or subcontractors in the delivery of goods and services, or in the performance of the work under the contract; and
2. The use of any copyrighted or copyrighted composition, valid trademark, secret process, patented or unpatented invention or article furnished or used in the performance of this contract.
Pricing Information for Preparation of Bids —
1. The City of Newark is exempt from any local, state or federal sales, use or excise tax. The City of Newark will not pay for N.J. State Sales and Use Tax that are included in any invoices.
2. Estimated Quantities (Open-End Contracts): The City of Newark has attempted to identify the item(s) and the estimated amounts of each item bid to cover its requirements; however, past experience shows that the amount ordered may be different than that submitted for bidding. The right is reserved to decrease or increase the quantities specified in the specifications pursuant to N.J.A.C. 5:30-11.2 and 11.10. NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED.
3. Contractor shall be responsible for obtaining any applicable permits or licenses from any government entity that has jurisdiction to require the same. All bids submitted shall have included this cost.
4. Bidders shall insert prices for furnishing goods and services required by these specifications. Prices shall be net, including any charges for packing, crating, containers, etc. All transportation charges shall be fully prepaid by the contractor, F.O.B. destination and placement at locations specified by the City of Newark. As specified, placement may require inside deliveries. No additional charges will be allowed for any transportation costs resulting from partial shipments made for the contractor's convenience.
Pricing Information for Preparation of Bids —
1. The City of Newark is exempt from any local, state or federal sales, use or excise tax. The City of Newark will not pay for N.J. State Sales and Use Tax that are included in any invoices.
2. Estimated Quantities (Open-End Contracts): The City of Newark has attempted to identify the item(s) and the estimated amounts of each item bid to cover its requirements; however, past experience shows that the amount ordered may be different than that submitted for bidding. The right is reserved to decrease or increase the quantities specified in the specifications pursuant to N.J.A.C. 5:30-11.2 and 11.10. NO MINIMUM PURCHASE IS IMPLIED OR GUARANTEED.
3. Contractor shall be responsible for obtaining any applicable permits or licenses from any government entity that has jurisdiction to require the same. All bids submitted shall have included this cost.
4. Bidders shall insert prices for furnishing goods and services required by these specifications. Prices shall be net, including any charges for packing, crating, containers, etc. All transportation charges shall be fully prepaid by the contractor, F.O.B. destination and placement at locations specified by the City of Newark. As specified, placement may require inside deliveries. No additional charges will be allowed for any transportation costs resulting from partial shipments made for the contractor's convenience.
Mandatory Affirmative Action Certification —
No firm may be issued a contract unless it complies with the affirmative action provisions of N.J.S.A. 10:5- 31 et seq. and N.J.A.C. 17:27-1 et seq. and submit to the State of New Jersey and/or the City of Newark such documentation as shall be required by law, subject to the mandatory language of Exhibit A (Goods, Professional Services and General Service Contracts) or Exhibit B (Construction Contracts).
Mandatory Affirmative Action Certification —
No firm may be issued a contract unless it complies with the affirmative action provisions of N.J.S.A. 10:5- 31 et seq. and N.J.A.C. 17:27-1 et seq. and submit to the State of New Jersey and/or the City of Newark such documentation as shall be required by law, subject to the mandatory language of Exhibit A (Goods, Professional Services and General Service Contracts) or Exhibit B (Construction Contracts).
New Jersey Anti-Discrimination —
The contract for this bid shall require that the contractor agrees not to discriminate in employment and agrees to abide by all anti-discrimination laws including but not limited to N.J.S.A. 10:2-1 as included in Attachment B of this document.
New Jersey Anti-Discrimination —
The contract for this bid shall require that the contractor agrees not to discriminate in employment and agrees to abide by all anti-discrimination laws including but not limited to N.J.S.A. 10:2-1 as included in Attachment B of this document.
American with Disabilities Act of 1990 —
Discrimination on the basis of disability in contracting for the purchase of goods and services is prohibited. If awarded the contract, the contractor is required to comply with the requirements related to the Americans with Disabilities Act as provided in this specification as Attachment C. The contractor is obligated to comply with the Act and to hold the City of Newark harmless for any violations committed under the contract.
American with Disabilities Act of 1990 —
Discrimination on the basis of disability in contracting for the purchase of goods and services is prohibited. If awarded the contract, the contractor is required to comply with the requirements related to the Americans with Disabilities Act as provided in this specification as Attachment C. The contractor is obligated to comply with the Act and to hold the City of Newark harmless for any violations committed under the contract.
Statement of Ownership Disclosure —
N.J.S.A. 52:25-24.2 provides that no business organization, regardless of form of ownership shall be awarded any contract for the performance of any work or the furnishing of any goods and services, unless, prior to the receipt of the bid or accompanying the bid of said business organization, bidders shall submit a statement setting forth the names and addresses of all persons and entities that own ten percent or more of its stock or interest of any type at all levels of ownership. The disclosure shall be continued until names and addresses of every non-corporate stockholder, individual partner, and member exceeding the ten percent ownership has been listed.
The included Statement of Ownership Disclosure form shall be completed and attached to the bid proposal. This requirement applies to all forms of business organization, including, but not limited to, limited partnerships, limited liability corporations, limited liability partnerships, sole proprietorship, and Subchapter S corporations. Failure to submit a completed disclosure document shall result in rejection of the bid as it cannot be remedied after bids have been opened.
Not-for-profit entities should fill in their name, check the not-for-profit box, and certify the form. No other information is necessary.
Statement of Ownership Disclosure —
N.J.S.A. 52:25-24.2 provides that no business organization, regardless of form of ownership shall be awarded any contract for the performance of any work or the furnishing of any goods and services, unless, prior to the receipt of the bid or accompanying the bid of said business organization, bidders shall submit a statement setting forth the names and addresses of all persons and entities that own ten percent or more of its stock or interest of any type at all levels of ownership. The disclosure shall be continued until names and addresses of every non-corporate stockholder, individual partner, and member exceeding the ten percent ownership has been listed.
The included Statement of Ownership Disclosure form shall be completed and attached to the bid proposal. This requirement applies to all forms of business organization, including, but not limited to, limited partnerships, limited liability corporations, limited liability partnerships, sole proprietorship, and Subchapter S corporations. Failure to submit a completed disclosure document shall result in rejection of the bid as it cannot be remedied after bids have been opened.
Not-for-profit entities should fill in their name, check the not-for-profit box, and certify the form. No other information is necessary.
Proof of Business Registration —
Pursuant to N.J.S.A. 52:32-44, the City of Newark 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 City of Newark 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 City of Newark 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 City of Newark 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.usreasury/revenue/busregcert.shtml.
  Before final payment is made under the contract, the contractor shall submit to the City of Newark 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 the business registration as required or provides false business registration information shall be liable for a penalty of
  $25.00 for each day of violation, not to exceed $50,000.00, for each proof of business registration not properly provided under a contract with a contracting agency.
  Emergency Purchases or Contracts
  For purchases of an emergent nature, the contractor shall provide its Business Registration Certificate within fourteen (14) days from the date of purchase or execution of the contract or prior to payment for goods or services, whichever is earlier.
Proof of Business Registration —
Pursuant to N.J.S.A. 52:32-44, the City of Newark 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 City of Newark 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 City of Newark 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 City of Newark 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.usreasury/revenue/busregcert.shtml.
  Before final payment is made under the contract, the contractor shall submit to the City of Newark 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 the business registration as required or provides false business registration information shall be liable for a penalty of $25.00 for each day of violation, not to exceed $50,000.00, for each proof of business registration not properly provided under a contract with a contracting agency.
  Emergency Purchases or Contracts
  For purchases of an emergent nature, the contractor shall provide its Business Registration Certificate within fourteen (14) days from the date of purchase or execution of the contract or prior to payment for goods or services, whichever is earlier.
American Goods and Products to be Used Where Possible —
Only manufactured and farm products of the United States, wherever available, shall be used pursuant to N.J.S.A. 40A:11-18.
If boxes of the following items are checked, they are mandatory requirements of the bid proposal and contract.
American Goods and Products to be Used Where Possible —
Only manufactured and farm products of the United States, wherever available, shall be used pursuant to N.J.S.A. 40A:11-18.
If boxes of the following items are checked, they are mandatory requirements of the bid proposal and contract.
Document Checklist —
Bidder shall complete and confirm the Bid Submission Document Checklist and include it in the bid submission. For construction bids, failure to submit the checklist is a fatal defect and the bid will be rejected. This document serves as a guide to bidders of the documents that are required to be submitted with the bid.
Document Checklist —
Bidder shall complete and confirm the Bid Submission Document Checklist and include it in the bid submission. For construction bids, failure to submit the checklist is a fatal defect and the bid will be rejected. This document serves as a guide to bidders of the documents that are required to be submitted with the bid.
Non-Collusion Affidavit —
Every bidder submitting a bid shall include an affidavit that no collusion exists between the bidder and any other potential or actual bidder for that same contract, or any officer or employee of the contracting unit pursuant to N.J.S.A. 52:34-15. The affidavit shall be properly executed, notarized and submitted with the bid proposal.
Non-Collusion Affidavit —
Every bidder submitting a bid shall include an affidavit that no collusion exists between the bidder and any other potential or actual bidder for that same contract, or any officer or employee of the contracting unit pursuant to N.J.S.A. 52:34-15. The affidavit shall be properly executed, notarized and submitted with the bid proposal.
New Jersey Worker and Community Right to Know Act —
The manufacturer or supplier of chemical substances or mixtures shall label them in accordance with the N.J. Worker and Community Right to Know Law (N.J.S.A. 34:5A-1 et seq. and N.J.A.C 8:59-2 et seq.). All direct use containers shall bear a label indicating the chemical name(s) and Chemical Abstracts Service number(s) of all hazardous substances in the container, and all other substances which are among the five (5) most predominant substances in the container, or their trade secret registry number(s) pursuant to N.J.A.C. 8:59-5. “Container” means a receptacle used to hold a liquid, solid or gaseous substance such as bottles, bags, barrels, cans, cylinders, drums and cartons (N.J.A.C. 8:59-1.3). Further, all applicable Material Safety Data Sheets (MSDS) - hazardous substance fact sheet - must be furnished. All containers which are stored at City’s facilities by the contractor or subcontractors shall display RTK labeling. Vendors with questions concerning labeling should contact the New Jersey Department of Health and Senior Services Right to Know Program for assistance in developing proper labels. www.nj.gov/health/workplacehealthandsafety/right-to-know/
New Jersey Worker and Community Right to Know Act —
The manufacturer or supplier of chemical substances or mixtures shall label them in accordance with the N.J. Worker and Community Right to Know Law (N.J.S.A. 34:5A-1 et seq. and N.J.A.C 8:59-2 et seq.). All direct use containers shall bear a label indicating the chemical name(s) and Chemical Abstracts Service number(s) of all hazardous substances in the container, and all other substances which are among the five (5) most predominant substances in the container, or their trade secret registry number(s) pursuant to N.J.A.C. 8:59-5. “Container” means a receptacle used to hold a liquid, solid or gaseous substance such as bottles, bags, barrels, cans, cylinders, drums and cartons (N.J.A.C. 8:59-1.3). Further, all applicable Material Safety Data Sheets (MSDS) - hazardous substance fact sheet - must be furnished. All containers which are stored at City’s facilities by the contractor or subcontractors shall display RTK labeling. Vendors with questions concerning labeling should contact the New Jersey Department of Health and Senior Services Right to Know Program for assistance in developing proper labels. www.nj.gov/health/workplacehealthandsafety/right-to-know/
Prevailing Wage Act —
Pursuant to N.J.S.A. 34:11-56.25 et seq., contractors on projects for public work shall adhere to all requirements of the New Jersey Prevailing Wage Act. The contractor shall be required to submit a certified payroll record to the City of Newark within ten (10) days of the payment of the wages. In the event it is found that any worker, employed by the contractor or any subcontractor has been paid a rate of wages less than the prevailing wage required to be paid, the City of Newark may terminate the contractor’s or subcontractor’s right to proceed with the work, or such part of the work as to which there has been a failure to pay required wages and the contractor and subcontractor then be required to continue the work to completion or otherwise. The contractor is also responsible for obtaining and submitting all subcontractors' certified payroll records within the aforementioned time period. The contractor shall submit said certified payrolls in the form set forth in N.J.A.C. 12:60-6.1(c). It is the contractor's responsibility to obtain any additional copies of the certified payroll form to be submitted by contacting the New Jersey Department of Labor and Workforce Development, Division of Workplace Standards. Additional information is available at www.state.nj.us/labor/lsse/lspubcon.html.
Applicable wage rates should be included in procurement package/documents, when applicable per N.J.S.A. 34-11-56.27 et. seq.
Prevailing Wage Act —
Pursuant to N.J.S.A. 34:11-56.25 et seq., contractors on projects for public work shall adhere to all requirements of the New Jersey Prevailing Wage Act. The contractor shall be required to submit a certified payroll record to the City of Newark within ten (10) days of the payment of the wages. In the event it is found that any worker, employed by the contractor or any subcontractor has been paid a rate of wages less than the prevailing wage required to be paid, the City of Newark may terminate the contractor’s or subcontractor’s right to proceed with the work, or such part of the work as to which there has been a failure to pay required wages and the contractor and subcontractor then be required to continue the work to completion or otherwise. The contractor is also responsible for obtaining and submitting all subcontractors' certified payroll records within the aforementioned time period. The contractor shall submit said certified payrolls in the form set forth in N.J.A.C. 12:60-6.1(c). It is the contractor's responsibility to obtain any additional copies of the certified payroll form to be submitted by contacting the New Jersey Department of Labor and Workforce Development, Division of Workplace Standards. Additional information is available at www.state.nj.us/labor/lsse/lspubcon.html.
Applicable wage rates should be included in procurement package/documents, when applicable per N.J.S.A. 34-11-56.27 et. seq.
Public Works Contractor Registration Act —
N.J.S.A. 34:11-56.48 et seq. requires that a general or prime contractor and any listed subcontractors named in the contractor’s bid proposal shall possess a certificate at the time the bid proposal is submitted. After bid proposals are received and prior to award of contract, the successful contractor shall submit a copy of the contractor’s certification along with those of all listed subcontractors. All non-listed subcontractors and lower tier sub-subcontractors shall be registered prior to starting work on the project. It is the general contractor’s responsibility that all non-listed sub-contractors at any tier have their certificate prior to starting work on the job.
Under the law a “contractor” is “a person, partnership, association, joint stock company, trust, corporation or other legal business entity or successor thereof who enters into a contract” which is subject to the provisions of the New Jersey Prevailing Wage Act (N.J.S.A. 34:11-56.25 et seq.). It applies to contractors based in New Jersey or in another state.
To register, a contractor must provide the State Department of Labor with a full and accurately completed application form. The form is available online at www.state.nj.us/labor/lsse/lspubcon.html.
N.J.S.A. 34:11-56.55 specifically prohibits accepting applications for registration as a substitute for a certificate of registration.
Public Works Contractor Registration Act —
N.J.S.A. 34:11-56.48 et seq. requires that a general or prime contractor and any listed subcontractors named in the contractor’s bid proposal shall possess a certificate at the time the bid proposal is submitted. After bid proposals are received and prior to award of contract, the successful contractor shall submit a copy of the contractor’s certification along with those of all listed subcontractors. All non-listed subcontractors and lower tier sub-subcontractors shall be registered prior to starting work on the project. It is the general contractor’s responsibility that all non-listed sub-contractors at any tier have their certificate prior to starting work on the job.
Under the law a “contractor” is “a person, partnership, association, joint stock company, trust, corporation or other legal business entity or successor thereof who enters into a contract” which is subject to the provisions of the New Jersey Prevailing Wage Act (N.J.S.A. 34:11-56.25 et seq.). It applies to contractors based in New Jersey or in another state.
To register, a contractor must provide the State Department of Labor with a full and accurately completed application form. The form is available online at www.state.nj.us/labor/lsse/lspubcon.html.
N.J.S.A. 34:11-56.55 specifically prohibits accepting applications for registration as a substitute for a certificate of registration.
Darfar Investment Prohibition —
Pursuant to City of Newark Ordinance 6PHS&F-b112007 bidders and contractors with investments in the Sudan Republic must reveal such investments to the City.
Darfar Investment Prohibition —
Pursuant to City of Newark Ordinance 6PHS&F-b112007 bidders and contractors with investments in the Sudan Republic must reveal such investments to the City.
Disclosure of Investment Activities in Iran —
Certification of Non-Involvement in Prohibited Activities in Iran. Pursuant to N.J.S.A. 52:32-58, the proposer must certify that neither the proposer, nor one of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32-56(e)(3)), is listed on the Department of the Treasury's List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither is involved in any of the investment activities set forth in N.J.S.A. 52:32-56(f). If the proposer is unable to so certify, the proposer shall provide a detailed and precise description of such activities. Prior to contract award or authorization, the contractor shall provide the Contracting Agency with a completed Certification on Non-Involvement in Prohibited Activities in Iran.
Pursuant to N.J.S.A. 40A:11-2.1 the City of Newark’s Contracting Agency (in this instance, City of Newark) is required to notify the New Jersey Attorney General if it determines a false certification has been submitted.
Disclosure of Investment Activities in Iran —
Certification of Non-Involvement in Prohibited Activities in Iran. Pursuant to N.J.S.A. 52:32-58, the proposer must certify that neither the proposer, nor one of its parents, subsidiaries, and/or affiliates (as defined in N.J.S.A. 52:32-56(e)(3)), is listed on the Department of the Treasury's List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither is involved in any of the investment activities set forth in N.J.S.A. 52:32-56(f). If the proposer is unable to so certify, the proposer shall provide a detailed and precise description of such activities. Prior to contract award or authorization, the contractor shall provide the Contracting Agency with a completed Certification on Non-Involvement in Prohibited Activities in Iran.
Pursuant to N.J.S.A. 40A:11-2.1 the City of Newark’s Contracting Agency (in this instance, City of Newark) is required to notify the New Jersey Attorney General if it determines a false certification has been submitted.
Certification of Non‐Involvement In Prohibited Activities in Russia or Belarus —
Pursuant to N.J.S.A. 52:32-60.1, the “person or entity” (as defined in N.J.S.A. 52:32-60.1, et seq) seeking to enter into or renew a contract for the provision of goods or services or the purchase of bonds or other obligations shall certify that it is not “engaging in prohibited activities in Russia or Belarus” (as such term is defined in as defined in N.J.S.A. 52:32-60.1, et seq. If the person or entity is unable to certify, the person or entity shall provide a detailed and precise description of such activities. The N.J.S.A. 52:32-60.1 certification form must be completed prior to contract award.
Vendors may view the Precluded Entities List Here: https://www.nj.govreasury/administration/pdf/RussiaBelarusEntityList.pdf
Certification of Non‐Involvement In Prohibited Activities in Russia or Belarus —
Pursuant to N.J.S.A. 52:32-60.1, the “person or entity” (as defined in N.J.S.A. 52:32-60.1, et seq) seeking to enter into or renew a contract for the provision of goods or services or the purchase of bonds or other obligations shall certify that it is not “engaging in prohibited activities in Russia or Belarus” (as such term is defined in as defined in N.J.S.A. 52:32-60.1, et seq. If the person or entity is unable to certify, the person or entity shall provide a detailed and precise description of such activities. The N.J.S.A. 52:32-60.1 certification form must be completed prior to contract award.
Vendors may view the Precluded Entities List Here: https://www.nj.govreasury/administration/pdf/RussiaBelarusEntityList.pdf
Equipment Certification —
Bidder shall certify on the Equipment Certification form that they control or have access to equipment necessary to do the required work if awarded the contract. If the bidder does not own or lease the equipment, a certification from the owner of the equipment that the bidder will have access to the equipment is required with the bid (N.J.S.A. 40:11-20).
Equipment Certification —
Bidder shall certify on the Equipment Certification form that they control or have access to equipment necessary to do the required work if awarded the contract. If the bidder does not own or lease the equipment, a certification from the owner of the equipment that the bidder will have access to the equipment is required with the bid (N.J.S.A. 40:11-20).
Method of Contract Award —
1. The length of the contract shall be stated in the specifications. Pursuant to requirements of N.J.A.C. 5:30-5.1 et seq., any contract resulting from this bid shall be subject to the availability and appropriation of sufficient funds annually. Please see Section titled Termination of Contract for additional information.
2. If the award is to be made on the basis of a base bid only, it shall be made to that responsible bidder submitting the lowest base bid.
3. If the award is to be made on the basis of a combination of a base bid with selected options, it shall be made to that responsible bidder submitting the lowest net bid.
4. The City of Newark may also elect to award the contract on the basis of unit prices.
5. The form of contract shall be submitted by the City of Newark to the successful bidder. Terms of the specifications/bid package prevail. Bidder exceptions must be formally accepted by the City of Newark; material exceptions shall not be approved.
6. The City reserves the right to make award(s) to multiple vendors based on line item commodities.
Method of Contract Award —
1. The length of the contract shall be stated in the specifications. Pursuant to requirements of N.J.A.C. 5:30-5.1 et seq., any contract resulting from this bid shall be subject to the availability and appropriation of sufficient funds annually. Please see Section titled, Termination of Contract, for additional information.
2. If the award is to be made on the basis of a base bid only, it shall be made to that responsible bidder submitting the lowest base bid.
3. If the award is to be made on the basis of a combination of a base bid with selected options, it shall be made to that responsible bidder submitting the lowest net bid.
4. The City of Newark may also elect to award the contract on the basis of unit prices.
5. The form of contract shall be submitted by the City of Newark to the successful bidder. Terms of the specifications/bid package prevail. Bidder exceptions must be formally accepted by the City of Newark; material exceptions shall not be approved.
6. The City reserves the right to make award(s) to multiple vendors based on line item commodities.
Causes for Rejecting Bid —
Bids may reject for any of the following reasons:
1. All bids pursuant to N.J.S.A. 40A:11-13.2;
2. If more than one bid is received from an individual, firm or partnership, corporation or association under the same name;
3. Multiple bids from an agent representing competing bidders;
4. The bid is inappropriately unbalanced;
5. The bidder is determined to possess, pursuant to N.J.S.A. 40A:11-4(b), Prior Negative Experience; or
6. If the successful bidder fails to enter into a contract within twenty-one (21) days, Sundays and holidays excepted, or otherwise agreed upon by the parties to the contract. In this case at its option, the City of Newark may accept the bid of the next lowest responsible bidder [N.J.S.A. 40A:11-24(b)]; or
7. Criminal Conviction. Pursuant to Newark Municipal Code §2:4-17.2, Bidder must disclose any criminal conviction(s) in this state or any other jurisdiction. Any rejection by the City, based on prior conviction, shall not take place unless and until there has been a responsibility hearing held by the City.
Causes for Rejecting Bid —
Bids may reject for any of the following reasons:
1. All bids pursuant to N.J.S.A. 40A:11-13.2;
2. If more than one bid is received from an individual, firm or partnership, corporation or association under the same name;
3. Multiple bids from an agent representing competing bidders;
4. The bid is inappropriately unbalanced;
5. The bidder is determined to possess, pursuant to N.J.S.A. 40A:11-4(b), Prior Negative Experience; or
6. If the successful bidder fails to enter into a contract within twenty-one (21) days, Sundays and holidays excepted, or otherwise agreed upon by the parties to the contract. In this case at its option, the City of Newark may accept the bid of the next lowest responsible bidder [N.J.S.A. 40A:11-24(b)]; or
7. Criminal Conviction. Pursuant to Newark Municipal Code §2:4-17.2, Bidder must disclose any criminal conviction(s) in this state or any other jurisdiction. Any rejection by the City, based on prior conviction, shall not take place unless and until there has been a responsibility hearing held by the City.
Termination of Contract —
1. If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under the contract or if the contractor shall violate any of the requirements of the contract, the City of Newark shall there upon have the right to terminate the contract by giving written notice to the contractor of such termination and specifying the effective date of termination. Such termination shall relieve the City of Newark of any obligation for balances to the contractor of any sum or sums set forth in the contract. The City of Newark will pay only for goods and services accepted prior to termination.
2. Notwithstanding the above, the contractor shall not be relieved of liability to the City of Newark for damages sustained by the City of Newark by virtue of any breach of the contract by the contractor and the City of Newark may withhold any payments to the contractor for the purpose of compensation until such time as the exact amount of the damage due the City of Newark from the contractor is determined.
3. The contractor agrees to indemnify and hold the City of Newark harmless from any liability to subcontractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the contract by the City of Newark under this provision.
4. In case of default by the contractor, the owner may procure the goods or services from other sources and hold the contractor responsible for any excess cost.
5. Continuation of the terms of the contract beyond the fiscal year is contingent on availability of funds in the following year's budget. In the event of unavailability of such funds, the City of Newark reserves the right to cancel the contract.
6. It is understood by all parties that if, during the life of the contract, the contractor disposes of his/her business concern by acquisition, novation, merger, sale and/or transfer or by any means convey his/her interest(s) to another party, all obligations are transferred to that new party. In this event, the new owner(s) will be required to submit all documentation/legal instruments that were required in the original bid/contract. Any change shall be approved by the City of Newark.
7. The contractor will not assign any interest in the contract and shall not transfer any interest in the same without the prior written consent of the City of Newark.
8. The City of Newark may terminate the contract for convenience by providing sixty (60) calendar days advanced notice to the contractor.
9. The contractor shall maintain all documentation related to products, transactions or services under this contract for a period of five (5) years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request.
10. For contracts that exceed one (1) year, each fiscal year payment obligation of the City of Newark is conditioned upon the availability of City funds appropriated or allocated for the payment of such an obligation. If funds are not allocated and available for the continuance of any services performed by the bidder awarded the contract (contractor) hereunder, whether in whole or in part, the City at the end of any particular fiscal year may terminate such services. The City of Newark will notify the contractor in writing immediately of any services that will be affected by a shortage of appropriated funds. This provision shall not be construed so as to permit the City to terminate the contract during the term, or any service hereunder, merely in order to acquire identical services from another contractor.
11. Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any of the terms or provisions of a contract if the fulfillment of any term or provision of the contract is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies, national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of the party whose performance is interfered with which by the exercise of reasonable diligence such party is unable to prevent. Additionally, if the fulfillment of any of the terms and provisions of the contract is delayed or prevented by any court order, or action or injunction or other such agreement, the contract shall become voidable by the City of Newark by notice to the parties.
Termination of Contract —
1. If, through any cause, the contractor shall fail to fulfill in a timely and proper manner obligations under the contract or if the contractor shall violate any of the requirements of the contract, the City of Newark shall there upon have the right to terminate the contract by giving written notice to the contractor of such termination and specifying the effective date of termination. Such termination shall relieve the City of Newark of any obligation for balances to the contractor of any sum or sums set forth in the contract. The City of Newark will pay only for goods and services accepted prior to termination.
2. Notwithstanding the above, the contractor shall not be relieved of liability to the City of Newark for damages sustained by the City of Newark by virtue of any breach of the contract by the contractor and the City of Newark may withhold any payments to the contractor for the purpose of compensation until such time as the exact amount of the damage due the City of Newark from the contractor is determined.
3. The contractor agrees to indemnify and hold the City of Newark harmless from any liability to subcontractors/suppliers concerning payment for work performed or goods supplied arising out of the lawful termination of the contract by the City of Newark under this provision.
4. In case of default by the contractor, the owner may procure the goods or services from other sources and hold the contractor responsible for any excess cost.
5. Continuation of the terms of the contract beyond the fiscal year is contingent on availability of funds in the following year's budget. In the event of unavailability of such funds, the City of Newark reserves the right to cancel the contract.
6. It is understood by all parties that if, during the life of the contract, the contractor disposes of his/her business concern by acquisition, novation, merger, sale and/or transfer or by any means convey his/her interest(s) to another party, all obligations are transferred to that new party. In this event, the new owner(s) will be required to submit all documentation/legal instruments that were required in the original bid/contract. Any change shall be approved by the City of Newark.
7. The contractor will not assign any interest in the contract and shall not transfer any interest in the same without the prior written consent of the City of Newark.
8. The City of Newark may terminate the contract for convenience by providing sixty (60) calendar days advanced notice to the contractor.
9. The contractor shall maintain all documentation related to products, transactions or services under this contract for a period of five (5) years from the date of final payment. Such records shall be made available to the New Jersey Office of the State Comptroller upon request.
10. For contracts that exceed one (1) year, each fiscal year payment obligation of the City of Newark is conditioned upon the availability of City funds appropriated or allocated for the payment of such an obligation. If funds are not allocated and available for the continuance of any services performed by the bidder awarded the contract (contractor) hereunder, whether in whole or in part, the City at the end of any particular fiscal year may terminate such services. The City of Newark will notify the contractor in writing immediately of any services that will be affected by a shortage of appropriated funds. This provision shall not be construed so as to permit the City to terminate the contract during the term, or any service hereunder, merely in order to acquire identical services from another contractor.
11. Neither party shall be responsible for any resulting loss or obligation to fulfill duties as specified in any of the terms or provisions of a contract if the fulfillment of any term or provision of the contract is delayed or prevented by any revolutions, insurrections, riots, wars, acts of enemies, national emergencies, strikes, floods, fires, acts of God, or by any cause not within the control of the party whose performance is interfered with which by the exercise of reasonable diligence such party is unable to prevent. Additionally, if the fulfillment of any of the terms and provisions of the contract is delayed or prevented by any court order, or action or injunction or other such agreement, the contract shall become voidable by the City of Newark by notice to the parties.
Payment —
1. No payment will be made unless duly authorized by the City of Newark’s authorized representative and accompanied by proper documentation.
2. Payment will be made in accordance with the City of Newark’s policy and procedures and in accordance with the New Jersey Prompt Payment Act (N.J.S.A. 52:32-32).
3. The City of Newark may withhold all or partial payments on account of subsequently discovered evidence including but not limited to the following:
  1. Deliverables not complying with the project specification;
  2. Claims filed or responsible evidence indicating probability of filing claims;
  3. A reasonable doubt that the contract can be completed for the balance then unpaid.
    When the above grounds are cured, payment shall be made for amounts withheld because of them.
4. Public funds may be used to pay only for goods delivered or services rendered. The City of Newark shall not pay penalties and/or interest on overdue bills unless otherwise required by law. No employee is authorized to sign a letter of credit or any other document that represents a legal commitment on the part of the City to pay additional fees.
5. Withholding Services. By entering into this contractual agreement with the City, the vendor specifically gives up its right to “Self Help” by withholding services from the City under this contract because of overdue payments or disputes on other agreements or contracts the vendor holds with the City. Failure to comply with this clause shall be construed as a “Default” under the terms and conditions of this contract.
Payment —
1. No payment will be made unless duly authorized by the City of Newark’s authorized representative and accompanied by proper documentation.
2. Payment will be made in accordance with the City of Newark’s policy and procedures and in accordance with the New Jersey Prompt Payment Act (N.J.S.A. 52:32-32).
3. The City of Newark may withhold all or partial payments on account of subsequently discovered evidence including but not limited to the following:
  1. Deliverables not complying with the project specification;
  2. Claims filed or responsible evidence indicating probability of filing claims;
  3. A reasonable doubt that the contract can be completed for the balance then unpaid.
    When the above grounds are cured, payment shall be made for amounts withheld because of them.
4. Public funds may be used to pay only for goods delivered or services rendered. The City of Newark shall not pay penalties and/or interest on overdue bills unless otherwise required by law. No employee is authorized to sign a letter of credit or any other document that represents a legal commitment on the part of the City to pay additional fees.
5. Withholding Services. By entering into this contractual agreement with the City, the vendor specifically gives up its right to “Self Help” by withholding services from the City under this contract because of overdue payments or disputes on other agreements or contracts the vendor holds with the City. Failure to comply with this clause shall be construed as a “Default” under the terms and conditions of this contract.
Other Provisions —
1. Both parties agree to comply with all requirements of the Federal Health Insurance Portability and Accountability act of 1996 (“HIPPA”) as may be amended from time to time, and the corresponding HIPPA regulations for the confidentiality and security of medical information. If awarded the bid, the contract shall:
  1. Not use or disclose protected health information other than as permitted or required by law
  2. Use appropriate safeguards to protect the confidentiality of the information
  3. Report any use or disclosure not permitted
    The bidder, by execution of the contract, shall thereby indemnify and hold the City of Newark harmless from any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the failure of the contractor to comply with the requirements of HIPPA or any other statute or case law protecting the privacy of persons using its services.
2. The City of Newark shall retain all of its rights and interest in any and all documents and property both hard copy and digital furnished by the City to the successful bidder (contractor) for the purpose of assisting the contractor in the performance of the contract. None of the documents and/or property shall, without the written consent of the City, be disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at any time except in the performance of the resulting contract.
  The contractor shall not have the right to use, sell, or disclose the total of the interim or final work products, or make available to third parties, without the prior written consent of the City. Any information supplied to the City may be required to be supplied on CD/DVD or USB flash drive media compatible with Microsoft Windows and Microsoft Office Suite 2010 or greater.
3. Proof of licensure for any activity regulated by the State of New Jersey and required to do the work required under this specification, for either the firm or the person responsible for the work, shall be provided as required by the City of Newark.
Other Provisions —
1. Both parties agree to comply with all requirements of the Federal Health Insurance Portability and Accountability act of 1996 (“HIPPA”) as may be amended from time to time, and the corresponding HIPPA regulations for the confidentiality and security of medical information. If awarded the bid, the contract shall:
  1. Not use or disclose protected health information other than as permitted or required by law
  2. Use appropriate safeguards to protect the confidentiality of the information
  3. Report any use or disclosure not permitted
    The bidder, by execution of the contract, shall thereby indemnify and hold the City of Newark harmless from any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the failure of the contractor to comply with the requirements of HIPPA or any other statute or case law protecting the privacy of persons using its services.
2. The City of Newark shall retain all of its rights and interest in any and all documents and property both hard copy and digital furnished by the City to the successful bidder (contractor) for the purpose of assisting the contractor in the performance of the contract. None of the documents and/or property shall, without the written consent of the City, be disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at any time except in the performance of the resulting contract.
  The contractor shall not have the right to use, sell, or disclose the total of the interim or final work products, or make available to third parties, without the prior written consent of the City. Any information supplied to the City may be required to be supplied on CD/DVD or USB flash drive media compatible with Microsoft Windows and Microsoft Office Suite 2010 or greater.
3. Proof of licensure for any activity regulated by the State of New Jersey and required to do the work required under this specification, for either the firm or the person responsible for the work, shall be provided as required by the City of Newark.
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE N.J.S.A. 10:5-31 et seq. (P.L. 1975, C.127) and N.J.A.C. 17:27 et seq. —
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 of the contractor’s commitments under this chapter 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.
The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. 17:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions.
In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.
The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents:
- • Letter of Federal Affirmative Action Plan Approval
- • Certificate of Employee Information Report
- • Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Division’s website at https://www.nj.gov/treasury/contract_compliance/
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase & Property, CCAU, EEO Monitoring Program as may be requested by the office 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 Division of Purchase & Property, CCAU, EEO Monitoring Program for conducting an investigation pursuant to N.J.A.C. 17:27-1.1 et seq.
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE N.J.S.A. 10:5-31 et seq. (P.L. 1975, C.127) and N.J.A.C. 17:27 et seq. —
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 of the contractor’s commitments under this chapter 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.
The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. 17:27-5.2.
The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.
The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions.
In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.
The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents:
- Letter of Federal Affirmative Action Plan Approval
- Certificate of Employee Information Report
- Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Division’s website at https://www.nj.gov/treasury/contract_compliance/
The contractor and its subcontractors shall furnish such reports or other documents to the Division of Purchase & Property, CCAU, EEO Monitoring Program as may be requested by the office 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 Division of Purchase & Property, CCAU, EEO Monitoring Program for conducting an investigation pursuant to N.J.A.C. 17:27-1.1 et seq.
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE N.J.S.A. 10:5-31 et seq. (P.L.1975, c.127) N.J.A.C. 17:27-1.1 et seq. —
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, up grading, 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. l7:27-7.2. The contractor or subcontractor agrees that a good faith effort shall include compliance with the following procedures:
1. 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.
2. 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 Dept. of LWD, Construction EEO Monitoring Program 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:
    1. The contactor or subcontractor shall interview the referred minority or women worker.
    2. 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.
    3. 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.
    4. 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.
3. 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 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.
4. 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 Subchapter l0 of the Administrative Code (N.J.A.C. 17:27).
MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE N.J.S.A. 10:5-31 et seq. (P.L.1975, c.127) N.J.A.C. 17:27-1.1 et seq. —
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, up grading, 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. l7:27-7.2. The contractor or subcontractor agrees that a good faith effort shall include compliance with the following procedures:
1. 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.
2. 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 Dept. of LWD, Construction EEO Monitoring Program 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:
    1. The contactor or subcontractor shall interview the referred minority or women worker.
    2. 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.
    3. 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.
    4. 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.
3. 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 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.
4. 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 Subchapter l0 of the Administrative Code (N.J.A.C. 17:27).
NEW JERSEY ANTI-DISCRIMINATION PROVISIONS N.J.S.A. 10:2 et seq. —
Pursuant to N.J.S.A. 10:2-1, if awarded a contract, the contractor agrees that:
1. 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;
2. 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;
3. 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
4. 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.
No provision in this section shall be construed to prevent a board of education from designating that a contract, subcontract or other means of procurement of goods, services, equipment or construction shall be awarded to a small business enterprise, minority business enterprise or a women's business enterprise pursuant to P.L.1985, c.490 (C.18A:18A-51 et seq.).
NEW JERSEY ANTI-DISCRIMINATION PROVISIONS N.J.S.A. 10:2 et seq. —
Pursuant to N.J.S.A. 10:2-1, if awarded a contract, the contractor agrees that:
1. 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;
2. 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;
3. 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
4. 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.
No provision in this section shall be construed to prevent a board of education from designating that a contract, subcontract or other means of procurement of goods, services, equipment or construction shall be awarded to a small business enterprise, minority business enterprise or a women's business enterprise pursuant to P.L.1985, c.490 (C.18A:18A-51 et seq.).
AMERICANS WITH DISABILITIES ACT OF 1990 —
Equal Opportunity for Individuals with Disability
The contractor and the 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 City of Newark 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 City of Newark in any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless the City, 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 City of Newark 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 City of Newark or any of its agents, servants, and employees, the City of Newark 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 City of Newark 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 City of Newark pursuant to this paragraph.
It is further agreed and understood that the City of Newark 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 City of Newark from taking any other actions available to it under any other provisions of the Agreement or otherwise at law.
AMERICANS WITH DISABILITIES ACT OF 1990 —
Equal Opportunity for Individuals with Disability
The contractor and the 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 City of Newark 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 City of Newark in any action or administrative proceeding commenced pursuant to this Act. The contractor shall indemnify, protect, and save harmless the City, 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 City of Newark 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 City of Newark or any of its agents, servants, and employees, the City of Newark 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 City of Newark 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 City of Newark pursuant to this paragraph.
It is further agreed and understood that the City of Newark 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 City of Newark from taking any other actions available to it under any other provisions of the Agreement or otherwise at law.

Submission Requirements

Solicitation Documents (required) —
By submitting a response to this solicitation, the bidder certifies that they have read, understand and acknowledge all requirements of this Invitation to Bid.
Authorization (required) —
The bidder acknowledges they are authorized as an individual, partner, or officer to submit a response on behalf of their organization.
Bidder's Full Name (required) —
Please provide the Full Name of the Bidder for this project as part of your response to this solicitation.
Bidder's Email (required) —
Please provide the Email Address for the Bidder for this project as part of your response to this solicitation
Bidder's Address (required) —
Please provide the Address for the Bidder for this project as part of your response to this solicitation.
Bidder's Business Phone Number (required) —
Please provide the Business Phone Number for the Bidder for this project as part of your response to this solicitation
Bidder's Fax Number (required) —
Please provide the Fax Number for the Bidder for this project as part of your response to this solicitation.
Bidders Federal I.D. (required) —
Please provide the FEID (Federal I.D.) Number for the organization submitting a response to this solicitation.
New Jersey Business Registration Certificate
New Jersey Business Registration Certificate —
Please upload a copy of your New Jersey Business Registration Certificate here.
Please Note: Not required to be submitted with bid, but will be required prior to contract award. Additionally per N.J.S.A. 52:32-44 successful bidder must have a registered business certificate (BRC) with the state of New Jersey prior to contract award.
Affirmative Action Compliance Notice
Please confirm that you have read and agree with the Affirmative Action Compliance Notice below. (required) —
Pursuant to New Jersey Public Law 2010 c. 482, the following procedures for entering into contracts with the City of Newark are in effect.
PROCUREMENT CONTRACTORS are required to do one of the following within 10 days of being notified that you are the successful bidder.
1. Submit an existing Federally approved or sanctioned Affirmative Action Plan.
2. Submit a Certificate of Employee Information Approval.
3. If your company cannot present “a” or “b” you are required to submit a complete Employee Information Report (Form AA302) which is available from the Office of Affirmative Action.
The City of Newark’s Affirmative Action office is located at the address given below if you need additional information.
920 Broad Street, Room B-25
City Hall
Newark, N.J. 07102
Affirmative Action Regulations - Upload Document(s) —
Bidder shall submit one of the following three documents:

Letter of Federal Affirmative Action Plan Approval; OR
Certificate of Employee Information Report (CEIR); OR
Employee Information Report (Form AA302)
Additional Documents —
Please upload
- W-9
- Any additional documents
Public Works Contractor Registration Certificate
Public Works Contractor Registration Certificate —
Please upload a copy of your Public Works Contractor Registration Certificate here.
Please Note: PER N.J.S.A. 34:11-56.51 NO CONTRACTOR SHALL BID ON ANY CONTRACT FOR PUBLIC WORK AS DEFINED IN 2 OF P.L.1963, c. 150 (C.34:11-56.26) UNLESS THE CONTRACTOR IS REGISTERED PURSUANT TO THIS ACT.
Please confirm that you have read and agree with the Prevailing Wage Compliance Declaration below. (required) —
Prevailing Wage / Service Contract Labor Standards Compliance
The Contractor shall comply in all respects with all applicable federal and state wage laws, including, but not limited to, the New Jersey Prevailing Wage Act, N.J.S.A. 34:11-56.25 et seq. (Chapter 150, P.L. 1963), as amended, where applicable. The Contractor agrees that all workers performing services under this contract shall be compensated at no less than the required prevailing wage rates for the applicable classification of work performed.
A copy of the applicable New Jersey prevailing wage rates, issued by the New Jersey Department of Labor and Workforce Development, may be obtained at:
https://www.nj.gov/labor/wageandhour/prevailing-rates/state-building-services/
For contracts subject to federal Service Contract Labor Standards (formerly the Service Contract Act (SCA)), the Contractor shall also comply with all applicable wage determinations issued by the U.S. Department of Labor.
The applicable federal wage determination rates shall be obtained through SAM.gov using the following process:
Navigate to SAM.gov
Select “Search Wage Determinations”
Choose Wage Determination Type: “Service Contract Act (SCA)”
Select “New Jersey” and the applicable county where services will be performed
Open the applicable Wage Determination (WD) number
Select “Print/Download” to obtain a copy of the current Wage Determination
To review prior rates, select “History” under Wage Determination History
The Contractor shall be responsible for reviewing and complying with the most current applicable wage determinations throughout the term of the contract.
Applicable labor classifications for security services may include, but are not limited to:
Guard I (Security Guard): 27101
Guard II (Security Guard): 27102
Failure to comply with applicable prevailing wage and wage determination requirements may result in penalties, contract termination, and any other remedies available under applicable law.
In the event it is found that any worker employed by the contractor or any subcontractor covered by the contract herein has been paid a rate of wages less than the prevailing rate required to be paid by such contract, the City may terminate the contractor’s or subcontractor’s right to proceed with the work or such part of the work as to which there has been a failure to pay required wages and to prosecute the work to completion or otherwise. The contractor and his sureties shall be liable to the City for any excess costs occasioned thereby.
Before final payment is made by or on behalf of the City of any sum or sums due to the work, the contractor or subcontractor shall file with the City, written statements in form satisfactory to the Commissioner of Labor and Workforce Development certifying to the amounts then due and owing from such contractor or subcontractor filing such statement to any and all workmen for wages due on account of the work, setting forth therein the names of the persons whose wages are unpaid and the amount due to each respectively which statement shall be certified by the oath of the contractor or subcontractor as the case may be in accordance with the New Jersey Prevailing Wage Act.
The City shall ascertain from the New Jersey Department of Labor and Workforce Development, Division of Wage and Hour Compliance, Public Contracts Section the prevailing wage rate for each craft or trade needed to perform the contract and shall specify in the contract itself what the prevailing wage rate in the City is for each craft or trade or classification of all workers needed to perform the contract during the anticipated term thereof. Nothing in this Act however shall prohibit the payment of more than the prevailing wage rate to any worker employed on a public work.
By submitting a response to this solicitation, the bidder acknowledges they have read and agree with the Prevailing Wage Compliance Declaration.
Insurance Requirements
Insurance Requirements (required) —
Please confirm that you have read and are able to comply with required insurance documents.
Required Forms
Hold Harmless Agreement (required) —
Please see attached Hold Harmless Agreement document, complete and have notarized. An online notarization option will be provided for you when responding.
Non-Collusion (required) —
Please download the below documents, complete and have notarized. An online notarization option will be provided for you when responding.
Prohibited Russia-Belarus Activities & Iran Investment Activities (required)
Required Forms (required) —
FAILURE TO SUBMIT ANY OF THESE DOCUMENTS MAY BE CAUSE FOR REJECTION OF YOUR PROPOSAL.
Please click the link to view the forms. You will have the option to complete the forms in DocuSign or print the forms and manually upload.
Documents include:
- Mandatory Equal Employment Opportunity Language
- Americans with Disabilities Act of 1996
- Statement of Ownership Disclosure (Required with bid submission)
- Bidder Qualification Questionnaire and Criminal Conviction Form
- Prohibited Russia-Belarus Activities & Iran Investment Activities
- Sweatshop Compliance
- State Required Record Retention
- Republic of Sudan
- Consent to Hold Prices
- Newark Political Contribution Form
NOTE: For detailed instructions on how to complete the forms via DocuSign, please click HERE for the help article "How to Complete DocuSign Forms"
You can also ask for help by clicking the blue button in the bottom right corner of your screen or sending an email tosupport@procurement.opengov.com
Please note: The City's preferred method of submission is DocuSign.
Bid Security
Bid Deposit (required) —
Please upload a copy of your Bid Deposit in the form of a Bid Bond, Certified Check, or Cashier’s Check document here.
Each bid shall be accompanied by a certified cashier’s check, or bid bond, in the amount of Bid Bond Percentage of the total bid price, payable to City of Newark, as a guarantee that the bidder, if its bid is accepted, will promptly execute the Agreement. The bidder shall guarantee the total bid price for a period of 60 days from the date of the bid opening.
Bidder must also MAIL bid guarantee with a postmarked date no later thanWednesday, June 3, 2026 addressed to:
Organization Name
Procurement Contact Full Name
Contact Address
Procurement Contact City, Contact State Contact Zip Code
Please have the Bidder Name, Contract Title ("Project Title"), and Contract Number ("Project ID") listed clearly on the outside of the envelope.
Consent of Surety (required) —
Please upload your Consent of Surety Form with Power of Attorney attached and any additional required documents here.
Other Bid Security Documents (required) —
By submitting a response to this solicitation, the bidder acknowledges that they have read and understand the additional requirements of Performance, Labor and Material Payment Bonds, and Maintenance Bond and shall submit such required documents simultaneously with the executed contract if they are the successful bidder. Failure to do so shall be just cause for forfeiture of the proposal guarantee.
Type of Project (required) —
What type of project will this be?
Bid Bond (required) —
Please select one of the options pertaining to the Bid Bond.
Bid Security & Bonding Requirements (required) —
What type(s) of bid security or bonding requirements pertain to this project?
Performance Bond (required) —
Please select one of the options for the Performance Bond.
Electronic Pricing Table (required) —
Would you like to have bidders respond to an electronic pricing table through ProcureNow?
Choose this if:
1. This is a quote for a finite set of goods or commodities
2. This is a public works bid, but you want the bidder to list their total project cost here.
3. Seeking services for hourly rate schedules
Separate Fee Proposal Upload (required) —
If you are NOT using the Electronic Pricing Table option, will you want your bidder to separate a Price Proposal from the rest of their Response? You'll want to do this if you open your bids initially WITHOUT showing price, and then come back in after a technical evaluation to unseal pricing later.
Pre-Bid Meeting (required) —
Will this project have a pre-bid meeting?
Insurance Requirements (required) —
Please select the types of insurance are required
Price Increase/Decrease (required) —
Will this project allow for a price increase/decrease?
Statutory and Other Requirements (required) —
Please select the additional requirements for this project.

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