Governor Phil Murphy • Lt. Governor Tahesha Way |
|
 |
|
 |
|
|
| News for Local Government Officials |
|
|
Procurement NewsN.J.A.C. 5:30 Readoption - Budget, Audit and Financial Administration - 11/30/2023 At its July 12, 2023 meeting, the Local Finance Board (Board) approved the chapter readoption of N.J.A.C. 5:30 with amendments and new rules. In addition to codifying in regulation certain existing statutes and DLGS guidance, the Board adopted several key changes relevant to local government budgeting, financial administration, and audits which are further detailed in new Local Finance Notice 2023-21 (https://www.nj.gov/dca/dlgs/lfns/2023-21.pdf). Please review this Notice in its entirety. Additional Local Finance Notices will be issued to provide further guidance on specific topics. Notice sent to: Municipal/County CFOs; Municipal Managers/Administrators; County Administrators/Managers; Tax Collectors; Municipal Clerks; Clerks - County Boards of Commissioners; Procurement Officials; Authority Officials; Fire District Officials; DLGS Listserv; Auditor Listserv; LFB Listserv NJ Dept of Education High - Impact Tutoring Grant - 10/16/2023The New Jersey Learning Acceleration Program: High-Impact Tutoring Grant is designed to support districts to provide high dosage, intensive tutoring by focusing on high-impact tutoring interventions for students that have been disproportionately affected by the pandemic. This grant opportunity prioritizes districts with elementary schools and their students in grades three (3) and four (4), but will allow local education agencies (LEAs) awarded the grant to serve additional students as needed. It optimizes funding for targeted tutoring through vendors or organizations, in addition to schools and districts, that meet established, research-based criteria. Applicants may apply for up to $768,000 in funds based on a tiered system of student enrollment correlated with maximum funding levels. This single-year grant program will close on August 31, 2024. Click on https://www.nj.gov/education/grants/opportunities/2024/24-AB01-H02.shtml for more information about the High Impact Tutoring Grant. LEAs that are procuring private entity vendors for tutoring under this Program must comply with the Public School Contracts Law (N.J.S.A. 18A:18A-1 et seq.)-attached is a model Request for Proposals (RFP) available for use by LEAs in competitive procurement. The Division of Local Government Services (DLGS) has approved the use of competitive contracting under N.J.S.A. 18A:18A- 4.1.k for procurement of tutoring vendors under this Program - LEAs do not need to make an individual request to DLGS. In addition to following the advertising requirements of N.J.S.A. 18A:18A-4.5, the New Jersey Department of Education encourages LEAs to distribute an RFP to vendors on the list of those identified as meeting program requirements: https://www.nj.gov/education/grants/opportunities/2024/docs/24-AB01-H02_vendorlist.docx.
Notice sent to: Procurement Officials; DLGS ListServ (Municipal Clerks to forward until Procurement Officials are registered) New Mandatory GovConnect Enrollment Categories - 09/22/2023The Local Finance Board recently adopted amendments to N.J.A.C. 5:30-16.2 requiring the following officials to enroll in GovConnect by November 1, 2023: Municipal Business Administrators and Managers, County Administrators and Managers, Certified Public Works Managers (CPWMs), and individuals designated to serve as a local unit's purchasing agent (both QPA and non-QPA). The covered officials will receive GovConnect and E-Government for Government (EGG) notifications via e-mail from the Division of Local Government Services (DLGS). These EGG Notices provide crucial information to local officials, including updates on new guidance, summaries of important notices, changes in certification requirements, notifications about newly enacted legislation, and important upcoming deadlines. The above-referenced officials must register by November 1, 2023 by emailing EGG@dca.nj.gov with their name, title, local unit, and email address. Once registered in the DLGS GovConnect Portal, the official will receive an email from EGG with instructions on how to activate the authorization code on the MyNewJersey portal. Municipal CFOs, County CFOs, Municipal Clerks, Clerks to County Boards of Commissioners, and Tax Collectors are reminded of their current obligation to enroll in GovConnect. The board of commissioners for each local authority (including regional authorities) and fire districts must also designate at least one representative to be enrolled in GovConnect. Officials holding one or more of these roles and have not yet registered must contact EGG@dca.nj.gov to initiate the signup process. A Municipal Clerk or Tax Collector, or a Municipal or County CFO, will be required to authorize access by providing a resolution, email, or similar documentation upon their registration. Officials are responsible for updating their GovConnect enrollment information. New Workplace Accountability in Labor List (The WALL) - 09/08/2023P.L. 2019, c. 366 (N.J.S.A. 34:1A-1.16) authorized the New Jersey Department of Labor and Workforce Development (NJDOL) to create a list on its website, dubbed the Workplace Accountability in Labor List (The WALL), of any person found in violation of any State wage, benefit, and tax laws and against whom a final order has been issued by the NJDOL for such violation. Any person or business named on The WALL is prohibited from contracting with any contracting unit until the liability for violations of State wage, benefit, and tax laws have been paid in full. The WALL is now live at https://www.nj.gov/labor/ea/osec/wall.shtml. A Local Finance Notice will be issued to provide local governments and boards of education with further implementation guidance. Pending further guidance, Local Public Contracts Law and Public School Contracts Law contracting units must cross-check prospective contractor and vendor names against the WALL before awarding any contract over the quote threshold. A contract cannot be awarded to any contractor or vendor appearing on the WALL. Please note that contracting units must continue to check applicable debarment lists as part of their procurement process. Although a person or business has been removed from The WALL, that there may be other reasons why they remain ineligible for public contracting. For example, a business may be debarred for a period of time under the New Jersey Prevailing Wage Act. Any questions about The WALL or a given person's status for purposes of The WALL should be directed to the NJDOL Office of Strategic Enforcement and Compliance at OSECInquiries@dol.nj.gov or 609-376-4952. Free ARP LFRF Consulting Services for Counties and Municipalities - 09/01/2023FREE Consulting Services Available for American Rescue Plan's Local Fiscal Recovery Fund Take advantage of the FREE consulting services offered by the State of the New Jersey's Governor's Disaster Recovery Office. Four consulting firms that specialize in disaster recovery and local operations are available FREE to counties and municipalities to advise on use and compliance issues with Local Fiscal Recovery Funds (LFRF). Among other advice, the consultants can provide information related to the following questions: - Are our disaster recovery programs constructed properly to ensure maximum impact? - Are we compliant with US Treasury Final Rule and related guidance? - Are we compliant with 2 CFR Part 200? - Are our procurements compliant with the applicable provisions of 2 CFR Part 200? - Are we ready for a potential audit from US Treasury's Office of Inspector General? - Do we have a system of internal control to ensure proper review? - How can we advance projects and use funds related to the new interim final rule which expands eligibility to now include disaster relief, surface transportation infrastructure, and Title I projects? To avail yourself to the FREE consulting services, email us at GOVGDRO@nj.gov and we will contact you to discuss the streamlined process for bringing on a FREE consultant. GDRO looks forward to hearing from and supporting counties and municipalities that may have questions related to LFRF awards. N.J.A.C. 5:34-6.1 Amendment - Emergency Adoption & Concurrent Proposal - 08/22/2023 The Director of the Division of Local Government Services ((DLGS) has adopted on an emergency basis and concurrently proposed an amendment to N.J.A.C. 5:34-6.1 permitting municipalities that are under enhanced State oversight to award a multi-year emergency contract for solid waste collection and/or recycling collection, under certain circumstances, subject to Director approval. Pursuant to the amendment, a municipality is deemed subject to enhanced State oversight if the municipality is under the Transitional Aid to Localities Program or any successor discretionary aid programs for municipalities in fiscal distress (N.J.S.A. 52:27D-118.42a), State Supervision Act (N.J.S.A. 52:27BB-54 et seq.), Municipal Rehabilitation and Economic Recovery Act (N.J.S.A. 52:27BBB-1 et seq.), Municipal Stabilization and Recovery Act (N.J.S.A. 52:27BBBB-1 et seq.), or a financial review board instituted pursuant to N.J.S.A.52:27D-118.30a. The Notice of Emergency Adoption and Concurrent Proposal is available on the DLGS Rules and Regulations webpage at https://www.nj.gov/dca/dlgs/rules_reg.shtml under the Proposed Rules and Recently Adopted Rules headings. Please submit written comments by September 20, 2023, via email to Jason.Martucci@dca.nj.gov or by regular mail to: Jason R. Martucci, Esq. Department of Community Affairs PO Box 803 Trenton, New Jersey 08625 If no further action is taken by October 1, 2023, the amendment will expire and N.J.A.C. 5:34-6.1 will revert to its prior form. Russia-Belarus Law: Temporary Suspension of Enforcement - 08/17/2023P.L. 2022, c. 3, signed into law on March 9, 2022, required the State Department of the Treasury (Treasury) to develop, based on credible information available to the public, a list of persons and entities engaging in prohibited activities in Russia or Belarus (Russia-Belarus list). On August 4, 2023, a company obtained a temporary restraining order (TRO) from the United States District Court for the District of New Jersey, which enjoins the State from enforcing N.J.S.A. 52:32-60.1 against that company on the ground that the statute is likely inconsistent with federal law. Due to the ongoing litigation, Treasury has removed the Russia-Belarus list from its website, and the State (along with its agencies and instrumentalities) has voluntarily suspended further implementation of the Russia-Belarus law until further order of the Court. While the State continues to defend the law in court, in light of the Court's decision and the Russia-Belarus list being taken down, contracting units under the Local Public Contracts Law, Public School Contracts Law, and County College Contracts Law are not required to enforce the Russia-Belarus vendor/contractor certification requirement at this time. At this time, the Russia-Belarus list also does not apply to redeveloper designations under the Local Redevelopment and Housing Law (N.J.S.A. 40A:12A-1 et seq.) and to agreements for payments-in-lieu-of-taxes (PILOTs) or other municipal property tax abatements. This could change based upon future legal developments. Please review the Treasury Notice at https://www.state.nj.us/treasury/administration/pdf/NoticeRussia.pdf for further information. New DCA Rulemaking: Uniform Construction Code and Historic Preservatio - 08/11/2023Proposed amendments and new rules on the following subjects have been issued by the New Jersey Department of Community Affairs. For either of these rulemakings, please submit written comments by October 6, 2023, via email to geraldine.callahan@dca.nj.gov or by regular mail to: Geraldine Callahan Department of Community Affairs PO Box 800 Trenton, New Jersey 08625 Fax No. (609) 984-6696 DIVISION OF CODES AND STANDARDS Uniform Construction Code Proposed New Rule: N.J.A.C. 5:23-4.16 Proposed Amendment: N.J.A.C. 5:23-1.4, 2.17A, 2.18, 4.4, 4.5, 4.6, 4.7, 4.8, 4.12, 4.14, 4.17, and 4.18 Proposed New Rule N.J.A.C. 5:23-4.16: https://www.nj.gov/dca/divisions/codes/codreg/pdf_rule_proposals/prop_DCA_5_23_supp.pdf Proposed Amendments to Subchapters 1, 2, and 4 of N.J.A.C. 5:23: https://www.nj.gov/dca/divisions/codes/codreg/pdf_rule_proposals/prop_DCA_5_23_supp.pdf The Department of Community Affairs (Department) seeks to amend the Uniform Construction Code to incorporate the requirements at P.L. 2022, c. 139 (https://pub.njleg.state.nj.us/Bills/2022/PL22/139_.PDF), regarding supplemental private on-site inspection agencies. Specifically, the proposed rulemaking provides for expanded use by enforcing agencies of shared services or private on-site inspection agencies, and allows for contractors to utilize private on-site inspection agencies where a municipality fails to meet the required timeframe to perform an inspection. NEW JERSEY HISTORIC TRUST Garden State Historic Preservation Trust Fund Grants Proposed Amendments: N.J.A.C. 5:101-1.3, 2.1through 2.9, 3.1, 3.2, 3.4, 3.5, 3.6, 3.7, 3.8, 4.1, and 5.1 Proposed New Rules: N.J.A.C. 5:101-2.4, 2.5, 2.6, 2.7, 2.10, 2.11, 2.12, 2.13, 2.14, 2.17, 2.18, 2.19, 2.22, 2.23, 2.24, 3.6, 3.7, 3.10, 3.11, and 3.12 Proposed Amendments and New Rules: https://www.nj.gov/dca/njht/documents/about/PRN%202023-078%20(55%20N.J.R.%201599(a)).pdf This rulemaking includes a series of proposed amendments to the Garden State Historic Preservation Trust Fund Grants rules, N.J.A.C. 5:101. Following the voter-approved ballot reference in 2014 to dedicate a portion of the corporate business tax, P.L. 2016, c. 12, and subsequently P.L. 2019, c. 136, were enacted to implement the funding for Open Space, Farmland, and Historic Preservation. In addition to its regular program, this implementing legislation enabled the New Jersey Historic Trust ("Historic Trust" or "Trust") to use its funding to purchase historic preservation easements and to establish funding for emergency intervention. The proposed amendments implement these two changes. In addition, new sections have been added to aid applicants in submitting applications for heritage tourism and municipal, county, and regional (MCRP) planning activities. While the Historic Trust has funded both heritage and local planning grants as part of its regular planning grant offering, these new sections were added to clarify and address specific application and criteria requirements that differentiate them from the historic sites management grants. A new project category, special projects, was added to aid the Historic Trust's ability to address larger, more regional preservation needs in the State. Throughout the chapter, "construction" and "project" are replaced with "capital" and "grant," respectively. LFN 2023-14 Pay-to-Play Law Update (Elections Transparency Act) - 08/08/2023The Elections Transparency Act (P.L. 2023, c. 30) made various significant changes to New Jersey's pay-to-play laws. Local Finance Notice 2023-14 explains the law and its impacts on non-fair and open contract awards, along with other areas such as the elimination of local pay-to-play policies. Links to newly updated pay-to-play model forms are also provided. Local Finance Notice 2013-14 is available at https://www.nj.gov/dca/divisions/dlgs/lfns/23/2023-14.pdf. Special Notice - VRC - Records Storage Contract Assignment - 07/25/2023Master Blanket Purchase Order (Blanket P.O./Contract) # 020-GNSV2-01186, awarded to Infostore Records Management, has been assigned to VRC Companies LLC as Blanket P.O./Contract # 24-GNSV2-51689. VRC Companies LLC will now provide the services required under Bid Solicitation T1128 - Record Storage and Retrieval (DARM). NOTE: Blanket P.O./Contract # 24-GNSV2-51689 will be opened for a period of ten (10) business days for Payment Only, commencing on Tuesday, July 25, 2023, and expiring on Tuesday, August 8, 2023. **Please be advised, if Purchase Orders are created during this time period, they will be subject to a forthcoming price increase at the time of extension. The Division of Purchase and Property is working to extend the current Blanket P.O./Contract, to prevent a lapse in service. More information will be forthcoming. Blanket P.O./Contract # 24-GNSV2-51689 will become visible in the system on Tuesday, July 25, 2023. Please use the following steps to access the new contract in NJSTART: - Go to: www.njstart.gov - Select "Active Blankets" - In the search bar, select "Blankets" from the drop-down menu - Enter the 24-GNSV2-51689 and click "search" You will find all pertinent documents there, which will include the Assignment Amendment (T1128 Amendment 12 7.25.23) For NJSTART Agency assistance, please contact NJSTARTagency.support@treas.nj.gov VRC will issue invoices. Design Build Procurements - Prime Bidder Requirements - 07/06/2023There have been reports that some municipalities are allowing Contractors to bid on Design-Build projects who are not DPMC classified in the Design Build trade (C007) and therefore are not approved to perform work as a Design Build Contractor in accordance with P.L. 2021, c. 71. For Design Build projects undertaken by local governments and boards of education, N.J.A.C. 5:34-10.7(5) requires the bidder on a project to be classified with DPMC in the Design-Build trade (C007). No other DPMC trade classifications are allowable or appropriate for the prime contractor/bidder on a Design-Build project. See the DLGS Design-Build regulations at for further details. In the near future, DLGS will be issuing a Local Finance Notice with further guidance on the design build process. GPANJ Educational Symposium - September 13-15 - 06/06/2023The Governmental Purchasing Association of New Jersey (GPANJ) will be holding its Annual Educational Symposium September 13-15, 2023 at the Tropicana Hotel (Grand Exhibit Center) in Atlantic City, NJ. CEU's have been approved by DCA for the following certifications: QPA, RMC, CMFO/CCFO, CTC, and CPWM; Credits have also been approved by Rutgers for RPPO and RPPS Certifications. Meals are included in the registration fee and one day registration options are available for those who cannot attend the entire conference. Additional details, including the schedule of sessions with CEU credits, on-line registration, the NJ Dept. of Education Travel Waiver, and discount hotel information is available at: http://www.gpanj.com. For additional information, registrants can contact Linda Carpenter via email at Linda.Carpenter@rocketmail.com. Local Finance Notice 2022-24 Russia-Belarus List & Iran Investment Law - 12/29/2022 P.L. 2022, c. 3, signed into law on March 9, 2022, required the State Department of the Treasury (Treasury) to develop, based on credible information available to the public, a list of persons and entities engaging in prohibited activities in Russia or Belarus (Russia-Belarus list). Persons or entities included on the Russia-Belarus list cannot enter into or renew a contract for the provision of goods and services with a State agency, State college or university, a contracting unit as defined in the Local Public Contracts Law, a board of education as defined in the Public School Contracts Law (including charter schools), or a county college as defined in the County College Contracts Law. The Treasury list is now available at https://www.nj.gov/treasury/administration/pdf/RussiaBelarusEntityList.pdf and will be updated at least once every six months. A person or entity appearing on the Russia-Belarus list cannot be designated as a redeveloper under the Local Redevelopment and Housing Law (N.J.S.A. 40A:12A-1 et seq.), enter into an agreement for a payment in-lieu of taxes (PILOT) or otherwise be awarded a municipal property tax abatement. Before beginning the application process, the applicant must provide a similar certification and the local unit must confirm that the applicant does not appear on the Russia-Belarus list. If a person or entity is listed by State Treasury as engaging in investment activities in Iran (Chapter 25 list), a State agency, a contracting unit as defined in the Local Public Contracts Law, a board of education as defined in the Public School Contracts Law, or a county college as defined in the County College Contracts Law cannot award or renew a contract for goods or services with that person or entity. The Chapter 25 list is available at https://www.state.nj.us/treasury/purchase/pdf/Chapter25List.pdf. Please review Local Finance Notice 2022-24 at https://www.nj.gov/dca/divisions/dlgs/lfns/22/2022-24.pdf for further details. A new model form combining the Russia-Belarus and Iran Investment certifications is available at https://www.nj.gov/dca/divisions/dlgs/programs/lpcl_docs/Russia-Belarus%20and%20Iran%20Combined%20Certification.docx.
Notice sent to: Procurement Officials; Municipal & County CFOs; Administrators/Managers; Municipal Clerks; Clerks - Boards of County Commissioners; Authorities; Fire Districts; LFB Listserv; Auditor Listserv Final Adoption - NJAC 5:34-10 Design-Build Project Delivery - 12/28/2022The Department of Community Affairs has adopted regulations allowing local governments and school districts to utilize the design-build method of project delivery for construction projects equal to or exceeding $5,000,000. Codified at N.J.A.C. 5:34-10, the final Notice of Adoption has been published in the December 19, 2022 New Jersey Register and can be found on the DLGS Rules and Regulations website at https://www.nj.gov/dca/divisions/dlgs/resources/rules_reg.html under the Recently Adopted Rules heading. The most current rule text is available at https://www.nj.gov/dca/divisions/dlgs/resources/rules_docs/NJAC%205_34-10%20Design-Build%20Project%20Delivery%20(as%20of%2012-19-22).pdf. Further guidance will follow. Revised Model Ownership Disclosure & Federal Debarment Forms - 11/29/2022In an Appellate Division case approved for publication on November 14, 2022, Asphalt Paving Systems v. Borough of Stone Harbor, the court decided that N.J.S.A. 52:25-4.2 allows a bidder to list the home, business, or mailing address (including a P.O. Box) on an Ownership Disclosure Form for each owner of ten or more percent of the bidder. The statute does not require listing the home address of an individual owner. In light of the recent court decision, the Division of Local Government Services (DLGS) has revised its model Ownership Disclosure Form to remove the requirement for an individual to list their home address. The model form is available on the DLGS NJ Local Agency Procurement Laws webpage at https://www.nj.gov/dca/divisions/dlgs/programs/lpcl_docs/ownership_disclosure_statement_yellowbook.docx. The Division has also updated its model Federal Non-Debarment Certification to incorporate the switch from DUNS numbers to Unique Entity IDs, and require the physical address of a vendor or contractor for verifying information in the federal SAMS database. The updated form is available under the heading Model Procurement Forms at https://www.nj.gov/dca/divisions/dlgs/programs/lpcl_docs/DLGS%20Federal%20Debarment%20Model%20Form.doc. |
|
|
 |
|
| statewide: njhome | citizen | business | government | departments | search |
Updated: 01/17/2024