STATE OF NEW JERSEY
222nd LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Senator JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
Senator PARKER SPACE
District 24 (Morris, Sussex and Warren)
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
Introduced Pending Technical Review by Legislative Counsel.
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. a. 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.
b. A partnership or joint venture shall be permitted to bid on 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 law, if each party to the partnership or joint venture is independently registered in compliance with this section.
(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. As 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.
(cf: P.L.2019, c.376, s.2)
2. This act shall take effect immediately.
STATEMENT
This bill permits partnerships and joint ventures to bid on certain public works and prevailing wage contracts in certain cases.
Under current law, contractors are unable to bid on any contract for public work, or for which payment of the prevailing wage is required, unless the contractor is registered. This bill allows partnerships and joint ventures to bid on certain contracts, including heavy, highway, utility, marine, transit, environmental remediation, and related infrastructure projects, or any such project for which payment of the prevailing wage is required by law, if each party to the partnership or joint venture is independently registered.
This bill requires a partnership or joint venture, prior to being awarded a contract, to 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.
This bill requires that all parties to a partnership or joint venture are held jointly and severally liable for failure to perform or comply with a contract or a portion thereof, regardless of which party fails to perform or comply. Failure to perform or comply with a contract, or a portion thereof, may result in penalties to the partnership or joint venture, including cancellation of the contract.
This bill defines “heavy infrastructure project” as 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.