Legislation (S-4281) that would permit partnerships and joint ventures to bid on public works and prevailing wage contracts was amended by the Senate State Government Committee on December
For heavy highway, utility, marine, transit, and environmental remediation. and related infrastructure, public works projects, or prevailing wage projects, a partnership or joint venture will be permitted to bid if each party is independently registered under Public Works Contractor Registration.
Under amended S-4281 prior to the award of a contract, the partnership or joint venture must be registered with the Department of Labor to obtain a Public Works Contractor Registration certificate and designate a primary contract manager to oversee contract administration and compliance. If a party of the partnership or joint venture fails to perform or comply with a contract, all parties to the partnership or joint venture will be held jointly and severally liable, and it may result in penalties, including the cancellation of the contract.
S-4281 defines “heavy infrastructure project” to mean a public works project that involves the planning, design, construction, or maintenance of essential facilities and systems, including, but not limited to, roads, bridges, tunnels, railways, airports, seaports, transit systems, water and wastewater treatment facilities, stormwater systems, utilities, and environmental remediation efforts.
The bill, which would take effect immediately, awaits consideration by the full Senate. The Assembly companion bill (A-4006) is scheduled for consideration by the full Assembly on December 8. The League supports the legislation as it will increase competition in public procurement.
Contact: Lori Buckelew, Deputy Executive Director, lbuckelew@njlm.org, 609-695-3481, x112.