A4006 3R

Sponsored by:

Assemblyman CLINTON CALABRESE

District 36 (Bergen and Passaic)

Assemblyman ROBERT J. KARABINCHAK

District 18 (Middlesex)

Assemblyman STERLEY S. STANLEY

District 18 (Middlesex)

Senator JOHN J. BURZICHELLI

District 3 (Cumberland, Gloucester and Salem)

Senator PARKER SPACE

District 24 (Morris, Sussex and Warren)

Co-Sponsored by:

Assemblyman Inganamort

SYNOPSIS

Permits partnerships and joint ventures to bid on certain public works and prevailing wage contracts if each party to partnership or joint venture is independently registered.

CURRENT VERSION OF TEXT

As amended by the General Assembly on December 8, 2025.

An Act permitting partnerships and joint ventures to bid on public works and prevailing wage contracts in certain cases and amending P.L.1999, c.238.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 4 of P.L.1999, c.238 (C.34:11-56.51) is amended to read as follows:

4. ²a.² No contractor shall bid on any contract for public work as defined in section 2 of P.L.1963, c.150 (C.34:11-56.26), or for which payment of the prevailing wage is required by any other provision of law, unless the contractor is registered pursuant to this act. No contractor shall list a subcontractor in a bid proposal for the contract unless the subcontractor is registered pursuant to P.L.1999, c.238 (C.34:11-56.48 et seq.) at the time the bid is made. No contractor or subcontractor, including a subcontractor not listed in the bid proposal, shall engage in the performance of any public work subject to the contract, unless the contractor or subcontractor is registered pursuant to that act.

²b.² A partnership or joint venture shall be permitted to bid on ¹[any contract for public work as defined in section 2 of P.L.1963, c.150 (C.34:11-56.26), or for which payment of the prevailing wage is required by any other provision of law] ³[contracts for public work limited to heavy, highway, utility, marine, transit, environmental remediation, and related infrastructure projects, or for any such project for which payment of the prevailing wage is required by law¹] heavy infrastructure projects³ , if each party to the partnership or joint venture is independently registered in compliance with this section.

²(1) Prior to being awarded a contract, a partnership or joint venture shall register with the Department of Labor and Workforce Development to obtain a Public Works Contractor Registration certificate and designate a primary contract manager to oversee contract administration and compliance.

(2) If any party to the partnership or joint venture fails to perform or comply with a contract or a portion thereof, all parties to the partnership or joint venture shall be held jointly and severally liable. Such failure to perform or comply may result in penalties to the partnership or joint venture, including cancellation of the contract.

c.² ¹As used in this section, “heavy infrastructure project” means 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.¹

(cf: P.L.2019, c.376, s.2)

2. This act shall take effect immediately.