NJ Department of the Treasury - Division of Purchase and Property

SERVICE CONTRACT REQUIREMENTS
FOR THE PERFORMANCE OF SERVICE CONTRACTS WITHIN THE UNITED STATES

Public Law 2005, Chapter 92 ( N.J.S.A 52:34-13.2)
Formerly Executive 129

Effective August 3, 2005

To be eligible for an award, a vendor must comply with the requirements of Public Law 2005, Chapter 92 (N.J.S.A. 52:34-13.2)

Frequently Asked Question are located here.

On May 5, 2005, Acting Governor Richard J. Codey signed Public Law 2005, Chapter 92 (Senate Bill No. S494). P.L. 2005, c. 92 requires that State contracts primarily for the performance of services must include provisions specifying that all services performed under the contract or performed under any subcontract awarded under the contract must be performed within the United States . This requirement applies unless the Director certifies that the service cannot be provided by a contractor or subcontractor within the United States and the certification is approved by the Treasurer, or the Director certifies that inclusion of this provision would violate the terms, conditions or limitations of any grant, funding or financial assistance from the Federal government.

To view Public Law 2005, Chapter 92, click here.

To view Executive Order 129, click here.

VENDOR IMPACT:

	Requires Vendor to complete and submit a Disclosure Certification Form. - The Disclosure Certification Form is required to be submitted with all advertised procurements and prior to contract award for all other procurements primarily for the performance of services.
	New Contracts - All contracts awarded on or after August 3, 2005 are subject to the requirements of P.L. 2005, c. 92, and the source disclosure requirements. To view model RFP language, click here. Adobe PDF (16 kb)
	Solicitations that were advertised prior to August 3, 2005, but not opened or awarded by that date are subject to the requirements of P.L. 2005, c. 92 and the source disclosure requirements.
	Bid proposals under evaluation prior to August 3, 2005 but not awarded until or after that date are subject to the requirements of P.L. 2005, c. 92 and the source disclosure requirements
	Contracts before August 3, 2005, including extensions within the original contract term are not subject to P.L. 2005, c. 92.

DISCLOSURE FORMS AND INSTRUCTIONS: Are available on the website under Doing Business – Vendor Forms.

Please address all questions by sending your inquiries here.

Public Law 2005, Chapter 92 ( N.J.S.A 52:34-13.2) Q&A
Question #1	Is there information pertaining to the new service contract requirements as part of the Request for Proposals.
	Answer: Yes, if applicable to the contract, there is new RFP language, click on the link above " To view model RFP language, click here " and a Disclosure Certification on the Division of Purchase & Property's forms page.
Question #2	What if the contract is for both services and goods. Does the law apply.
	Answer: The law in all likelihood applies unless the provision of services is secondary and merely incidental to the purchase of goods. For example, the contract is to purchase computers, but it is necessary to assembly and install various parts and programs of the computers. In this situation, the law would not apply. The contract is for the purchase of computers, and the service is incidental to the purchase.
Question #3	What is the deadline for returning the surveys?
	Answer: The return date for the Survey was December 2, 2005. Any outstanding surveys must be submitted no later than December 9, 2005.
Question #4	I am a State employee with no contracts with the State. What do I do with this survey that was sent to my home address?
	Answer: Write on the first page of the survey "Sent to address of State employee. No current contracts with the State." If you have recently received tuition reimbursement from the State, please note "Tuition Reimbursement" on the first page. Please complete Part 6 and 9 of the survey form with the name and the address the survey was mailed to so that the address may be removed from the database of addresses used to generate the mailing.
Question #5	Does this survey apply to purchases under the $17,500 or the $29,000 threshold?
	Answer: Yes. The survey applies to all contracts primarily for services, regardless of the dollar amount.
Question #6	What is a "Governmental Contracting Entity"?
	Answer: A "Governmental Contracting Entity" is the State entity that contracted for the service. (e.g. Department of Transportation, NJ Turnpike Authority, Motor Vehicle Commission)
Question #7	What is a "Governmental Entity Contract Reference Number"?
	Answer: A "Governmental Entity Contract Reference Number" is the identifying number issued by the entity for the contract. (e.g. solicitation or bid number, waiver number, or P.O. number, or other number associated with the contract to identify it)
Question #8	What is a "Contract Award Reference Number"?
	Answer: A "Contract Award Reference Number" is the award number assigned to the contract. (e.g. A12345) If none, enter N/A on the line. Waivers and Purchase Orders (P.O.) do not have a Contract Award Reference Number.
Question #9	Is there a contact person with whom I could speak to directly about this survey? We have a few questions that I need to discuss with someone, if possible.
	Answer: No. Agencies and contractors are requested to submit all questions via E-mail. This format eliminates responding to duplicate questions, provides the opportunity to share all questions and answers with the contractor community and expedites response.
Question #10	I am a contractor that only deals with commodities. Do I need to complete the survey?
	Answer: Yes, at least partially. Please write on the first page "Commodity. Not a service contractor". Please complete Part 6 and 9 of the survey form with the name and the address the survey was mailed to so that the address may be removed from the database of addresses used to generate the mailing.
Question #11	I do not have any contracts, waivers, orders or open POs with the State. Do I need to complete the survey?
	Answer: Yes, partially. Please write on the first page "No current contracts with the State." Please complete Part 6 and 9 of the survey form with the name and the address the survey was mailed to so that the address may be removed from the database of addresses used to generate the mailing.
Question #12	I misplaced my survey form. Where can I get another?
	Answer: You can download a copy of the form at http://www.state.nj.us/treasury/purchase/forms/chap92_survey.pdf.

SERVICE CONTRACT REQUIREMENTS FOR THE PERFORMANCE OF SERVICE CONTRACTS WITHIN THE UNITED STATES

Frequently Asked Question are located here.

Public Law 2005, Chapter 92 ( N.J.S.A 52:34-13.2) Q&A

SERVICE CONTRACT REQUIREMENTS
FOR THE PERFORMANCE OF SERVICE CONTRACTS WITHIN THE UNITED STATES