3-6c - NJ Business Reg Cert.pdf

TOWNSHIP OF STAFFORD

BUSINESS REGISTRATION CERTIFICATE

Reforms to the Business Registration Certificate Filing: permits filing prior to award of contracts if not filed with bid. Effective with bids received and contracts awarded after January 18, 2010, this law removes the requirement of the Local Public Contracts Law (N.J.S.A. 40A:11-23.2) that required a bid to be rejected if the bidder failed to include a BRC with the bid, even though it may have been the otherwise lowest responsible bid.

The law now allows the BRC to be filed any time prior to award of the contract and the bidder had to have obtained the BRC prior to receipt of bids. This permits the BRC to be required with a bid, or submitted subsequently. If a BRC is required in a bid, but not submitted with the bid, it would an immaterial defect;

curable by being filed prior to award of the contract. A BRC is obtained from the New Jersey Division of Revenue. Information on obtaining a BRC is available on the internet at www.nj.gov/njbgs or by phone at (609) 292-1730.

Bid No. 2025-011-TWP STAFFORD TOWNSHIP DREDGING & POPULAR POINT RESTORATION PROJECT

TOWNSHIP OF STAFFORD

BUSINESS REGISTRATION CERTIFICATE

Goods, Services and Construction Contracts

(Including public works related purchase orders)

P.L. 2009, c. 315 (Chapter 315) amends and supplements the business registration provisions of N.J.S.A. 52:32-

44, which imposes certain requirements upon a business competing for, or entering into a contract with a government agency in the State of New Jersey. As further explained below, Chapter 315 no longer requires contracting agencies to reject as nonresponsive bids or proposals that do not include proof of business registration, as defined below, for the bidder/proposer and named subcontractors.

The business registration requirement applies to contracts with public contracting agencies such as:

- State Departments, agencies and instrumentalities of the State;

- State colleges and universities, and county colleges;

- Contracting units as defined in the Local Public Contracts Law (N.J.S.A. 40A:11-2);

- Boards of education as defined in the Public School Contracts Law (N.J.S.A. 18A:18A-2);

- Private firms that have entered into a contract with a public entity to provide water supply services pursuant to P.L. 1995, c. 101 (N.J.S.A. 58:26-19 et seq.); and

- A private firm or public authority that has entered into a contract with a public entity for the provision of wastewater treatment service pursuant to P.L. 1995 c. 216 (N.J.S.A. 58:27-19 et seq.).

Please review the definitions of “contracting agency” and “local unit” as set forth in N.J.S.A. 52:32-44 for further details on the public entities subject to the business registration requirement.

Chapter 315 adjusted the deadline for bidders to submit proof of business registration from the time of bid or proposal submission to prior to the time of contract award or authorization. Therefore, a contracting agency is no longer required to reject as nonresponsive bids or proposals that fail to include proof of business registration.

Information on how a business can register and obtain proof of business registration can be accessed on the internet at www.nj.gov/njbgs or by phone at (609)292-9292.

Revenue in accordance with P.L. 2004, Ch. 57 and P.L. 2009, Ch. 315.

BRC

Name Not Registered Number

Bidder___________________________________ _________ _________

(Subcontractor)____________________________ _________ _________ http://www.nj.gov/njbgs