10-RFQ-26-004.1 ApprasialServices.docx

COUNTY OF BERGEN

DEPARTMENT OF ADMINISTRATION AND FINANCE

DIVISION OF PURCHASING

One Bergen County Plaza – 3RD Floor – Hackensack, NJ 07601-7076

(201) 336-7100 FAX (201) 336-7105

County of Bergen Fair and Open Process Request for Qualifications

Concealed Qualifications will be received by the County of Bergen on Friday, March 13, 2026 at 12:00 noon prevailing time electronically through the Bonfire e-procurement platform which is accessible through www.BergenBids.com:

RFQ-26-004.1

Real Estate Appraiser, to Provide “Review Appraisal” Services on an “As Needed” Basis for the Bergen County Department of Parks, Division of Land Management for the 2026 Calendar Year If you have previously responded to RFQ-26-004, please do not re-submit.

This is an expand-the-pool request for Real Estate Appraiser, to Provide “Review Appraisal” Services on an “As Needed” Basis for the Bergen County Department of Parks, Division of Land Management for the 2026 Calendar Year for the County of Bergen.

All Addenda will be issued on the website. Therefore, all interested respondents should check the website from now through bid opening. It is the sole responsibility of the respondent to be knowledgeable of all addenda related to this procurement.

Bidders shall comply with the requirements of N.J.S.A 10:5-31 and N.J.A.C. 17-27 et seq.

Peter J. Gerrity, Purchasing Agent

REQUEST FOR QUALIFICATIONS

RFQ-26-004.1: REAL ESTATE APPRAISER, TO PROVIDE “REVIEW APPRAISAL” SERVICES ON AN “AS-NEEDED” BASIS FOR THE BERGEN COUNTY DEPARTMENT OF PARKS, DIVISION OF LAND MANAGEMENT FOR A TWELVE (12) MONTH PERIOD COMMENCING ON DATE OF AWARD.

ISSUE DATE: Friday, February 27, 2026

DUE DATE: Friday, March 13, 2026

NOTE: The County of Bergen will consider Qualification Statements only from firms or organizations that have demonstrated the capability and willingness to provide high quality services in the manner described in this Request for Qualifications.

GLOSSARY

The following definitions shall apply to and are used in this Request for Qualifications:

“County”- refers to the County of Bergen.

“Qualification Statement” – refers to the complete responses to this RFQ submitted by the Respondents.

“Qualified Respondent” – refers to those Respondent(s) who (in the sole judgement of the County) have satisfied the qualification criteria set forth in this RFQ.

“RFQ” – refers to this Request for Qualifications, including any amendments thereof or supplements thereto.

“Respondent” or “Respondents” – refers to the interested firm(s) that submit a Qualification Statement(s).

1.1. Procurement Process and Schedule.

The County of Bergen has structured a procurement process that seeks to obtain the desired results described above, while establishing a competitive process to assure that each firm is provided an equal opportunity to submit a Qualification Statement. Responses to the RFQ will be evaluated in accordance with the criteria set forth in later section(s) of this RFQ, which will be applied in the same manner to each Qualification Statement received. The selection of Qualified Respondents is not subject to the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq). The selection is, however, subject to the New Jersey Local Unit Pay-to-Play Law (N.J.S.A. 19:44A-20.4 et seq).

Qualification Statements will be reviewed and evaluated by the County of Bergen with assistance from its financial and legal advisors under no circumstances will a party reviewing or evaluating a qualification statement do so if their involvement would present conflict of interest as that term defined New Jersey’s Local Government Ethics law N.J.S.A. 40A:9-22.1 et seq. The Qualification Statements will be reviewed to determine if the Respondent has met the minimum professional, administrative and financial criteria described in this RFQ. Based upon the totality of the information contained in the Qualification Statement, including information about the reputation and experience of each Respondent, the County of Bergen will (in its sole judgement) determine which Respondents are qualified (to perform the contemplated services). Each Respondent that meets the requirement of the RFQ (in the sole judgement of the County) will be designated as a Qualified Respondent and may be given the opportunity to submit a detailed Proposal in response to subsequent RFQ’s issued by the County of Bergen.

The RFQ process commences with the issuances of this RFQ. The steps involved in the process and the anticipated completion dates are set forth in Table 1, Procurement Schedule. The County of Bergen reserves the right to, among other things, amend, modify, alter or cancel the Procurement Schedule upon notice to all potential Respondents.

All communications concerning this RFQ or the RFQ process shall be directed, in writing, to the County’s Designated Contact Person as set forth herein.

Subsequent to issuance of this RFQ, the County of Bergen may modify, supplement, amend or cancel the provisions of this RFQ in order to respond to inquiries received from prospective Respondents or as otherwise deemed necessary or appropriate by, and in the sole judgment of, the County.

TABLE 1

ANTICIPATED PROCUREMENT SCHEDULE

ACTIVITY DATE

1. Issuance of Request for Qualifications and or Quotes February 27, 2026

2. Receipt of Qualification Statements/Quotes March 13, 2026

1.2. Conditions Applicable to RFQ.

Upon submission of a Qualification Statement in response to this RFQ, the Respondent acknowledges and consents to the following conditions relative to the submission and review and consideration of its Qualification Statement:

· This RFQ does not commit the County of Bergen to issue an RFP or to award a contract for the services contemplated by this RFQ.

· The County of Bergen reserves the right (in its sole judgement) to reject for any reason any and all responses and components thereof and to eliminate any and all Respondents responding to this RFQ from further consideration for the services contemplated by this RFQ.

· The County of Bergen reserves the right (in its sole judgement) to seek additional information, waive requirements or reject any Respondent that submits incomplete responses to this RFQ.

· The County of Bergen reserves the right (in its sole judgement) to determine those Respondents that are qualified to perform the services contemplated by this RFQ.

· The County of Bergen reserves the right, without prior notice, to supplement, amend, otherwise modify this RFQ, or otherwise request additional information.

· All Qualification Statements shall become the property of the County of Bergen and will not be returned.

· All Qualification Statements will be made available to the public at the appropriate time, as determined by the County of Bergen (in the exercise of its sole discretion and in accordance with law

· Responses to this RFQ are the property of the county of Bergen and will be “public records”. Responses that are labeled “confidential”, or that contain information identified as “confidential”, will not be acceptable for consideration by the County of Bergen.

· The County of Bergen may request Respondents to send representatives to the County of Bergen for interviews.

· Any and all Qualification Statements not received on or before the time set herein for receipt may be rejected.

· Neither the County of Bergen, nor their respective staffs, consultants or advisors shall be liable for any claims or damages resulting from the solicitation or preparation of the Qualifications Statement, nor will there be any reimbursement to Respondents for the cost of preparing and submitting a Qualifications Statement or for participating in this procurement process.

1.3. Rights of the County of Bergen

The County of Bergen reserves, holds and may exercise, at its sole discretion, the following rights and options with regard to this RFQ and the procurement process in accordance with the provisions of applicable law:

· To determine that any Qualification Statement received complies or fails to comply with the terms of this RFQ.

· To supplement, amend or otherwise modify the RFQ through issuance of addenda to all prospective Respondents who have received a copy of this RFQ.

· To waive any technical non-conformance with the terms of this RFQ.

· To change or alter the schedule for any events called for in this RFQ upon the issuance of notice to all prospective Respondents who have received a copy of this RFQ.

· To conduct investigations of any or all of the Respondents, as the County of Bergen deems necessary or convenient, to clarify the information provided as part of the Qualifications Statement and to request additional information to support the information included in any Qualification Statement.

· To suspend or terminate the procurement process described in the RFQ at any time (in its sole discretion.) If terminated, the County of Bergen may determine to commence a new procurement process or exercise any other rights provided under applicable law without any obligation to the Respondents.

· Pursuant to P.L. 2012c c.25 State and local public contracts are not permitted with persons or entitles engaging in certain investment activities in energy or finance sectors of Iran.

The County of Bergen shall be under no obligation to complete all or any portion of the procurement process described in this RFQ.

1.4. Addenda or Amendments to RFQ.

During the period proved for the preparation of Qualification Statement, the County of Bergen may issue addenda, amendments or answers to written inquiries. Those addenda will be noticed by the County of Bergen and will constitute a part of the RFQ. All responses to the RFQ shall be prepared with full consideration of the addenda issued prior to the designated submission date.

1.5. Cost of Preparation.

Each Qualification Statement and all information required to be submitted; pursuant to the RFQ shall be prepared at the sole cost and expense of the respondent. There shall be no claims whatsoever against the County of Bergen, its staff or consultants for reimbursement for the payment of costs or expenses incurred in the preparation of the Qualification Statement or other information required by the RFQ.

1.6. Format.

Responses should cover all information requested in this RFQ. Responses which in the judgement of the County of Bergen fail to meet the requirement of the RFQ or which are in any way conditional, incomplete, obscure, contain additions or deletions from requested information, or contain errors may be rejected.

SECTION 2

County of Bergen Request for Qualification

Review Appraisal Services Bergen County Open Space, Recreation, Floodplain Protection, Farmland & Historic Preservation Trust Fund (“Trust Fund”)

The County of Bergen is soliciting proposals from Real Estate Appraisers to provide “Review Appraisal” services on an “as-needed” basis to the County Department of Parks, Division of Land Management (the “Division”) under the Bergen County Open Space, Recreation, Floodplain Protection, Farmland & Historic Preservation Trust Fund program.

Consultant proposals shall be evaluated and the most advantageous based upon technical proposal, price, and other factors shall be selected. Proposals shall be evaluated on the basis of the following criterial:

1. Prior experience conducting appraisals for New Jersey municipalities under the New Jersey Green Acres Program.

2. Consultant’s availability and experience of key personnel working on projects.

3. Understanding the scope of work along with a good technical approach and work program.

4. Be on the current List of Approved Appraisers of the NJDEP, New Jersey Green Acres Program.

5. Be a NJ State Certified General Real Estate Appraiser (NJ-SCGREA).

6. Cost/Fee Proposal.

SCOPE OF SERVICES

The County of Bergen, Department of Parks, Division of Land Management, is soliciting proposals from pre-qualified Real Estate Appraisers to provide “Review Appraisal” services on an “as needed” basis relating to the County Bergen County Open Space, Recreation, Floodplain Protection, Farmland & Historic Preservation Trust Fund Program. The County of Bergen intends to establish a contract with one consulting firm that can provide professional services for the scope of services set forth in this Request for Proposal.

At this time, the County is seeking a price proposal from you to serve as the “Review Appraiser” for the Bergen County Open Space, Recreation, Floodplain Protection, Farmland & Historic Preservation Trust Fund program. The minimum level of expertise required are: be on the most current NJDEP Green Acres Approved Appraisers list and NJ State Certified General Real Estate Appraiser (NJ-SCGREA) list. Additionally, proposer must be qualified as an expert witness in the area of real estate appraisal in the Superior Court of the State of New Jersey.

The Review Appraiser will provide serves on an as-needed basis through project work assignments issued by the Division. The scope of service will be to review appraisals submitted by Bergen County municipalities, the County of Bergen or qualified nonprofit organizations to the Trust Fund for the acquisition of property or interest. The specific task is to review each appraisal to confirm the value opinion of each appraisal. If the value opinion is not supported, then the Review Appraiser shall, at the direction of the Division, develop an independent opinion of value. The Review Appraiser may be asked to attend in-person meetings with Division staff and; when required, attend meetings in the evening with the Trust Fund Public Advisory Committee.

This Scope of Service for “As-Needed” Real Review Appraisal Services is based on the intermittent needs of the Division. It must be noted that this is not a guarantee of consultant-authorized work.

Responder must provide a list of all entities with which it has relationships that create, or appear to create, a conflict of interest with the work that is contemplated in this request for proposals. The list should indicate the name of the entity, the relationship, and a discussion of the conflict.

SECTION 3

SUBMISSION REQUIREMENTS

3.1. General Requirements.

The Qualification Statement submitted by the Respondent must meet or exceed the professional, administrative, and financial qualifications set forth in Section 2 and shall also incorporate the information requested below.

In addition to the information required as described below, a Respondent may submit supplemental information that it feels may be useful in evaluating its Qualification Statement. Respondents are encouraged to be clear, factual, and concise in their presentation of information.

3.2 Administrative Information Requirements.

The Respondent shall, as part of its Qualification Statement, provide the following information:

1. An executive summary (not to exceed two (2) pages) of the information contained in all the other parts of the Qualification Statement.

2. An executed Letter of Intent (see Appendix A to this RFQ).

3. An executed Certifications document (see Appendix B to this RFQ).

4. Name, address and telephone number of the firm submitting the Qualification Statement pursuant to this RFQ and the name of the key contact person.

5. A description of the business organization (i.e., corporation, partnership, joint venture, etc.) of each firm, its ownership and its organizational structure.

a) Provide the names and business addresses of all Principals of the firm or firms submitting the Qualification Statement. For purposes of this RFQ, “Principals” means people’ possessing an ownership interest in the Respondent. If the Respondent is a corporation, “Principals” shall include each investor who would have any amount of operational control over the Respondent and every stockholder having an ownership interest of 10% or more in the firm.

b) If a firm is a partially owned or a full-owned subsidiary of another firm, identify the parent company and describe the nature and extent of the parents’ approval rights over the activities of the firm submitting a Qualification Statement. Describe the approval process.

c) If the Respondent is a partnership or a joint venture or similar organization, provide comparable information as required in b) above for each member of the partnership, joint venture or similar organization.

d) A statement that the Respondent has complied with all applicable affirmative action (or similar) requirements with respect to its business activities, together with evidence of such compliance. Respondents are required (pursuant to Section 4 of this RFQ) to provide an Employee

e) Information Report demonstrating compliance with the affirmative action requirements set forth at P.L. 1975, c. 127.

6. The number of years your organization has been operating and in business under the present name.

7. The number of years the business organization has been under the current management personnel.

8. Any judgments within the last three years in which Respondent has been adjudicated liable for professional malpractice. If yes, please explain.

9. Whether the business organization is now or has been involved in any bankruptcy or re-organization proceedings in the last ten (10) years. If yes, please explain.

10. Confirm appropriate federal and state licenses to perform activities.

11. Respondents shall submit with qualification statement:

· New Jersey Business Registration Certificate (pursuant to N.J.S.A. 54A:7-1.2)

· Ownership Disclosure Certificate

· Employee Information Report (demonstrating compliance with the affirmative action requirements set forth at P.L. 1975, c. 127)

· W-9 with Federal EIN

· any other requirements set forth herein.

. 12. REQUIRED AFFIRMATIVE ACTION EVIDENCE: The Provisions of Chapter 127, Public Laws of 1975, (N.J.A.C. 17-27) are applicable to this contract. All successful vendors must submit within seven (7) days of the notice of intent to award or the signing of the contract, one of the following:

1. A photocopy of their Federal Letter of Affirmative Action Plan Approval

2. A photocopy of their Certificate of Employee Information Report or

3. A completed Affirmative Action Employee Information Report (AA302).

Section 3.3 Professional Information Requirements.

1. Respondent shall submit a description of its overall experience in providing the type of services sought in the RFQ. At a minimum, the following information on past experience should be included as appropriate to the RFQ:

a) Description and scope of work by Respondent

b) Name, address and contact information of at least three references

c) Explanation of perceived relevance of the experience to the RFQ.

2. Describe the services that Respondent would perform directly.

3. Describe those portions of the Respondent’s services, if any, that are sub-contracted out. Identify all subcontractors the Respondent anticipates using in connection with this project.

4. Does the Respondent normally employ union or non-union employees?

5. Resumes of key employees (see specific requirements in Section 2 above).

6. A narrative statement of the Respondent’s understanding of the County’s needs and goals.

7. List all immediate relatives of Principal(s) of Respondent who are County employees or elected officials of the County. For purposes of the above, “immediate relative” means a spouse, parent, stepparent, brother, sister, child, stepchild, direct-line aunt or uncle, grandparent, grandchild, and in-laws by reason of relation.

Section 3.4 Insurance

A. INSURANCE REQUIREMENTS

I. Workers Compensation and Employer’s Liability Insurance

1. Worker’s Compensations Insurance in the statutory limits including Employer’s Liability in an amount no less than $500,000.00.

II. General Liability Insurance

1. General liability insurance in an amount not less than $1,000,000.00 combined single limit including broad form comprehensive general liability endorsement, and shall include provisions for thirty (30) days written notice of cancellation and/or modification of coverage. The County of Bergen shall be included as an additional insured.

B. CERTIFICATES OF THE REQUIRED INSURANCE YES X NO

I. Certificates as listed above shall be submitted along with the contract as evidence covering Comprehensive General Liability, and necessary Worker’s Compensation and Employer’s Liability Insurance. Such coverage shall be with acceptable insurance companies operating on an admitted basis in the State of New Jersey and shall name the OWNER as an additional insured.

II. Self-insured contractors shall submit an affidavit attesting to their self-insured coverage and shall name the OWNER as an additional insured.

C. Indemnification I. Successful respondent shall indemnify and hold harmless the OWNER from all claims, suits or actions and damages or costs of every name and description to which the OWNER may be subjected or put by reason of injury to the person or property of another, or the property of the OWNER, resulting from negligent acts or omissions on the part of the bidder, the bidder’s agents, servants or subcontractors in the delivery of goods and services, or in the performance of the work under the contract.

II. Bergen County will not accept Mutual Limitation of Liability terms.

D. All policies maintained shall name the County of Bergen as an additional insured and shall provide for thirty (30) days written notice to the County of cancellation and/or modifications of such policies, except for non-payment which would be ten (10) days, and the contractor/vendor shall provide the Office of County Counsel with certificates of insurance evidencing such policies and provisions.

E. All insurance coverage must be in effect no later than 12:01 A.M. EST at the start of the day of the contract and remain in effect for the duration of the contract, including any extensions.

Section 3.5 Other Terms and Conditions

A. Non-Discrimination: There shall be no discrimination against any employee engaged in the work required to produce the commodities covered by any contract resulting from this bid, or against any applicant to such employment because of race, religion, sex, national origin, creed, color, ancestry, age, marital status, affectional or sexual orientation, familial status, liability for service in the Armed Forces of the Unites States, or nationality. This provision shall include, but not be limited to the following: employment upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The contractor shall insert a similar provision in all subcontracts for services to be covered by any contract resulting from this bid.

B. STATEMENT OF CORPORATE OWNERSHIP

In accordance with N.J.S.A. 52:25-24.2, no corporation, partnership, limited partnership, limited liability corporation, limited liability partnership, Subchapter S corporation or sole proprietorship, shall be awarded a contract, unless prior to the receipt of the bid or accompanying the bid of the corporation, partnership, limited partnership, limited liability corporation, limited liability partnership, subchapter S corporation or sole proprietorship, there is submitted to the County a statement setting forth the names and addresses of all stockholders who own 10% or more of the stock, of any class or of all individual partners who own a 10% or greater interest in the corporation, partnership, limited partnership, limited liability corporation, limited liability partnership, Subchapter S corporation or sole proprietorship. If one or more such stockholder or partner is itself a corporation or partnership, the stockholders holding 10% or more of that corporation’s stock, or the individual partners owning 10% or greater interest in that partnership, as the case may be, shall also be listed. The disclosure shall be continued until names and addresses of every non-corporate stockholder and individual partner, exceeding the 10% ownership criteria established in this act has been listed. This form shall be signed and submitted with the bid/proposal whether or not a stockholder or partner owns less than 10% of the business submitting the bid. Failure to comply requires mandatory rejection of the bid/proposal

C. OWNERSHIP OF MATERIAL

a. The owner shall retain all of its rights and interest in any and all documents and property both hard copy and digital furnished by the owner to the contractor for the purpose of assisting the contractor in the performance of this contract. All such items shall be returned immediately to the owner at the expiration or termination of the contract or completion of any related services, pursuant thereto, whichever comes first. None of the documents and/or property shall, without the written consent of the owner, be disclosed to others or used by the contractor or permitted by the contractor to be used by their parties at any time except in the performance of the resulting contract.

b. Ownership of all data, materials and documentation originated and prepared for the owner pursuant to this contract shall belong exclusively to the owner. All data, reports, computerized information, programs and materials related to this project shall be delivered to and become the property of the owner upon completion of the project. The contractor shall not have the right to use, sell, or disclose the total of the interim or final work products, or make available to third parties, without the prior written consent of the owner. All information supplied to the owner may be required to be supplied on CD-ROM or other media compatible with the owner’s computer operating system, windows based, Microsoft Office Suite 2000.

D. HIPAA (If Applicable)

a. Both parties agree to comply with all requirements of the Federal Health Insurance Portability and Accountability Act of 1996 (“HIPPA”) as maybe amended from time to time, and the corresponding HIPPA regulations for the confidentiality and security of medical information.

b. The Contractor shall:

i. Not use or disclose protected health information other than as permitted or required by law.

ii. Use appropriate safeguards to protect the confidentiality of the information.

iii. Report any use or disclosure not permitted.

c. The contractor, by execution of the contract, shall thereby indemnify and hold the County harmless from any and all liabilities, claims, actions, costs and penalties which may be incurred as the result of the failure of the contractor to comply with the requirements of the Health Insurance Portability and Accountability Act (HIPPA) or any other statute or case law protecting the privacy of persons using its services.

SECTION 4

INSTRUCTIONS

Qualification Statements must be submitted to, and be received by the County of Bergen’s Designated Contact Person, electronically by 12:00 noon prevailing time on set forth on page one Qualification Statements will not be accepted by alternate means.

With their Qualification Statement, respondents must submit a New Jersey Business Registration Certificate and a Stockholder Disclosure Certificate (pursuant to N.J.S.A. 40A:11-23.2), the federal EIN of the entity they are doing business under and any other requirements set forth herein.

To be responsive, Qualification Statements must provide all requested information, and must conform to the instructions set forth herein. Qualification Statements and all related information must be bound, signed and acknowledged by the Respondent.

REQUIRED AFFIRMATIVE ACTIQN EVIDENCE: The Provisions of Chapter 127, Public Laws of 1975, (N.J.A.C. 17-27) are applicable to this contract. All successful vendors must submit within seven (7) days of the notice of intent to award or the signing of the contract, one of the following:

1. A photocopy of their Federal Letter of Affirmative Action Plan Approval

2. A photocopy of their Certificate of Employee Information Report or

3. A completed Affirmative Action Employee Information Report (AA302).

SECTION 5

EVALUATION CRITERIA

The County of Bergen’s objective in soliciting Qualification Statements is to enable it to select a firm or organization (or multiple firms or organizations) that will provide high quality and cost effective services to the citizens of Bergen County. The County will consider Qualification Statements only from firms or organizations that, in the County’s sole judgement, have demonstrated the capability and willingness to provide the services contemplated by this RFQ.

Proposals will be evaluated by the County on the basis of the most advantageous submission, all relevant factors considered. The evaluation will consider:

1. Experience and reputation in the field

2. Knowledge of the County and the subject matter addressed under the contract

3. Availability to accommodate the required meetings of the County, and

4. Other factors to be demonstrated to be in the best interest of the County

APPENDIX B

CERTIFICATIONS

In addition to responding to the foregoing items, the undersigned Respondent certifies that:

A. The firm’s participation in the matters contemplated by this RFQ will not create any conflict of interest for the firm or any of its officers or employees.

B. The firm is an equal opportunity employer and does not discriminate against applicants or employees on the basis of race, color, religion, sex, age, disability, national origin, or ancestry.

C. The firm is not currently in violation of or under any investigation or review for a violation of any state or federal law or regulation that might have a material adverse impact on the firm’s ability to serve if selected.

D. The firm understands and agrees that during the time it is a member of the group of qualified firms it will not be eligible to serve as financial advisor to the County of Bergen, and that it does not, and will not during that time, have a financial interest in any firm providing financial advisory services to the County of Bergen.

Firm: ______________________

By: ________________________

Name: _____________________

Title: ______________________

Date: ______________________, 20___

MANDATORY EQUAL EMPLOYMENT OPPORTUNITY LANGUAGE

N.J.S.A. 10:5-31 et seq. (P.L. 1975, C. 127) N.J.A.C. 17:27

GOODS, PROFESSIONAL SERVICE AND GENERAL SERVICE CONTRACTS

During the performance of this contract, the contractor agrees as follows:

The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Except with respect to affectional or sexual orientation and gender identity or expression, the contractor will ensure that equal employment opportunity is afforded to such applicants in recruitment and employment, and that employees are treated during employment, without regard to their age, race creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex. Such equal employment opportunity shall include but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause.

The contractor or subcontractor, where applicable, will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex.

The contractor or subcontractor will send to each labor union, with which it has a collective bargaining agreement, a notice, to be provided by the agency contracting officer, advising the labor union of the contractor’s commitments under this chapter and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The contractor or subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time and the Americans with Disabilities Act.

The contractor or subcontractor agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. 17:27-5.2.

The contractor or subcontractor agrees to inform in writing its appropriate recruitment agencies including, but not limited to, employment agencies, placement bureaus, colleges, universities, and labor unions, that it does not discriminate on the basis of age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.

The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions.

In conforming with the targeted employment goals, the contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, race, creed, color, national origin, ancestry, marital status, affectional or sexual orientation, gender identity or expression, disability, nationality or sex, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.

The contractor shall submit to the public agency, after notification of award but prior to execution of a goods and services contract, one of the following three documents:

Employee Information Report Form AA302 (electronically provided by the Division and distributed to the public agency through the Division’s website at www.state.nj.us/treasury/contract_compliance)

The contactor and its subcontractors shall furnish such reports or other documents to the Division of Public Contracts Equal Employment Opportunity Compliance as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Division of Public Contracts and Equal Opportunity Employment Compliance for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code at N.J.A.C. 17:27.

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