Revises definition of "contracting unit" for government cooperative purchasing agreements.
What changed between versions
New subsection b(4) prohibits contracting units from using time-and-materials contracts available through cooperative purchasing agreements for public works construction projects subject to the New Jersey Prevailing Wage Act.
New subsection b(5) requires contracting units awarding cooperative contracts for public works construction to verify and maintain accurate copies of contractor name, principal business address in the State, and telephone number (or custodian of records and agent for service of process if out-of-state).
New subsection b(6) requires contracting units to obtain certified payroll records for every public works construction project under a cooperative contract, retain them for at least three years, and prohibits contractors from performing work if they fail to provide certified payroll records on more than three occasions or are found to have violated the Prevailing Wage Act.
New subsection b(7) requires the contracting unit that lets a cooperative contract to publicly post on its website upon award: the contracting unit where the project will be completed, the contract number, the contractor performing the work, the cost of the project, and confirmation that certified payroll records are received.
New subsection b(8) requires contracting units to solicit the debarred contractor list from the Commissioner of Labor and Workforce Development, not award contracts to listed contractors or subcontractors, verify monthly that no awarded contractor was added to the list, terminate contracts with newly listed contractors, and cause termination of subcontracts with newly listed subcontractors.
New subsection b(9) authorizes the Director of the Division of Local Government Services to prohibit a contracting unit from serving as a lead agency for a cooperative purchasing agreement if it fails to comply with the section's requirements.
The definition of 'contracting unit' was restructured and expanded. It now includes 'State authority or agency' (the original purpose of the bill), adds 'public research university,' introduces a separate defined term for 'local unit' (counties, municipalities, special districts, school districts, fire districts, and their boards/commissions/committees/authorities/agencies), and excludes State boards, commissions, committees, authorities, or agencies from eligibility.
A new definition of 'time-and-materials contract' was added, defined as a contract for actual costs of materials and services based on direct labor hours at specified fixed hourly rates including wages, overhead, general and administrative expenses, and profit.
The bill's scope expanded from a single definitional tweak to a full regulatory framework governing how public works construction projects are procured through cooperative purchasing agreements, including prevailing wage compliance, transparency, debarment enforcement, and accountability mechanisms.
The cross-reference was updated from P.L.2018, c.162, s.14 to P.L.2025, c.180, s.2, and a severability clause referencing P.L.2025, c.180 was added.