Jon S. Corzine
Governor
Kris Kolluri, Esq.
Board Chairman
George D. Warrington
Executive Director
May 11,2006
Dear Governor Corzine:
Pursuant to Chapter 150, Laws of 1979, 1 herein transmit the minutes of actions taken at
the open session of the regularly scheduled meetings of the New Jersey Transit
Corporation, NJ Transit Rail Operations, Inc., NJ Transit Bus Operations, Inc., and
NJ Transit Mercer, Inc. Board of Directors held on Tuesday, May 9, 2006.
Sincerely,
Gwen A. Watson
Board Secretary
Enclosures
Honorable Jon Corzine
Governor, State of New Jersey
State House
Trenton, NJ 08625
37367
(NJT BOARD -05/09/2006)
Minutes of the actions taken at the Open Session of the re-scheduled Board of
Directors' meetings of the New Jersey Transit Corporation, NJ TRANSIT Rail
Operations, Inc., NJ TRANSIT Bus Operations, Inc. and NJ TRANSIT Mercer, Inc. held
at NJ TRANSIT Headquarters, One Penn Plaza East, Newark, New Jersey on Tuesday,
May 9,2006.
Present:
Kris Kolluri, Esq., Chairman
Myron P. Shevell
Patrick W. Parkinson
Kenneth E. Pringle
A. Matthew Boxer, Governor's Representative
Michael Lihvarcik, Treasurer's Representative
George D. Warrington, Executive Director
Lynn Bowersox, Assistant Executive Director, Corporate Commun. & External Affairs
James Gigantino, Acting Vice President & General Manager, Bus Operations
William Duggan, Vice President & General Manager, Rail Operations
Kenneth Worton, Deputy Attorney General
Vincent Soleo, Assistant Executive Director, Procurement & Support Services
James Redeker, Assistant Executive Director, Policy, Technology & Customer Services
Richard Sarles, Assistant Executive Director, Capital Planning and Programs
H. Charles Wedel, Chief Financial Officer & Treasurer
Alma Scott-Buczak, Assistant Executive Director, Human Resources
Gwen A. Watson, Board Secretary
Robert Guarnieri, Auditor General
Chairman Kris Kolluri convened the Open Session at 9:25 am in accordance with the
Open Public Meetings Act and asked for a motion to enter Executive Session to discuss
litigation matters and contract negotiations. A motion was made by Myron P. Shevell,
seconded by Patrick Parkinson and unanimously adopted.
Chairman Kris Kolluri reconvened the Open Session at 9:40 am and asked for a motion
to adopt the minutes of the April 12, 2006 meeting. A motion was made by Patrick W.
Parkinson, seconded by Myron P. Shevell and unanimously adopted.
Executive Director George warrington highlighted the following from his monthly
business report.
Executive Director Warrington said less than three months ago, NJ TRANSIT opened
two new light rail stations in northern Hudson County, Tonnelle Avenue Station in North
Bergen and Bergenline Avenue Station in Union City
Executive Director Warrington said ridership on the system has grown significantly since
opening day, from 23,000 weekday trips in early February to 29,000 weekday trips in
March, to more than 34,000 trips today.
37368
(NJT BOARD -05/09/2006)
He said while some of the increase is the result of increased frequency and capacity on
the light rail system, a large part of this ridership is attributable to the new stations which
have been enthusiastically embraced by the communities they serve.
Executive Director Warrington said that in two weeks, NJ TRANSIT will take another
major step toward improving mobility and convenience in Hudson County and the region
as it celebrates the opening of the new Port lmperial Ferry Terminal. The new terminal,
located on the Hudson River directly across from the Port lmperial light rail station, will
give NY Waterway customers an improved commuting experience, with more capacity,
larger waiting area and vending options. He said work is currently underway on the
pedestrian bridge that will connect the new terminal with the Port lmperial light rail
station, directly across the street. The light rail system provides a quick and easy
connection to the terminal, and NJ TRANSIT continues to work with NY Waterway to
promote this very attractive commuting option.
Executive Director Warrington said customers using the 740-space park-and-ride facility
at Tonnelle Avenue enjoy a four minute light rail trip to Port lmperial and NJ TRANSIT
has extended free parking at Tonnelle until September 1, to encourage new customers to
try the service. He said that last Saturday, NJ TRANSIT announced its commitment to
extend service to 8thStreet in Bayonne.
Executive Director Warrington thanked Chairman Kolluri and Governor Corzine for
joining NJ TRANSIT for the announcement and for making this improvement possible
through their leadership on the Transportation Trust Fund.
Executive Director Warrington said with respect to funding, last month he appeared with
Chairman Kolluri at the Assembly and Senate budget committee hearings to brief the
legislature on the Fiscal Year 2007 budget picture. He said the Governor's budget
includes an increase of $22 million in State support for NJ TRANSIT. Executive Director
Warrington said NJ TRANSIT is doing more with less.
He said since 2003, NJ
TRANSIT has achieved nearly $100 million in internal efficiencies and commercial
revenue growth with a target of $30 million in the coming fiscal year. He said these
improvements include more than $15 million in cuts by eliminating 35 vehicles,
continuing to reduce materials management and parts inventories; cutting back on thirdparty professional services including marketing and advertising, and reducing
administrative and overhead expenses throughout the company from travel, training,
printing and postage, to reductions in banking fees.
Executive Director Warrington said NJ TRANSIT is also aggressively pursuing new
commercial revenue streams that will total over $15 million in revenue growth. He said
every penny increase in diesel fuel price means a $350,000 annual cost burden and fuel
cost per gallon, 96 percent more than in 2004 and 45 percent higher than just last year.
He said that means the additional $22 million earmarked by the Governor for
NJ TRANSIT in Fiscal Year 2007 will almost entirely be consumed by fuel costs alone.
37369
(NJT BOARD -05/09/2006)
In addition, electricity costs on NJ TRANSIT'S rail lines using electric propulsion are
rising at a rate of 14 percent per year. He said on the heels of Hurricane Katrina and in
the wake of the London and Madrid bombings, insurance premium costs have
increased almost 50 percent in the last three years.
Executive Director Warrington said higher prices at the pump are also likely to impact
ridership and fare revenue forecasts next fiscal year, as they have this year. He said for
the current fiscal year NJ TRANSIT projected ridership would generally be flat at zero to
two percent due to anticipated diversion. However, the strong economy, new services
and spiraling fuel prices have driven ridership well beyond projections. In fact, year-todate NJ TRANSIT ridership is up seven percent, with March alone at eight percent and
while there are two months to go in the April quarter, indications are that the upward
trend will continue.
Executive Director Warrington said NJ TRANSIT will continue to refine cost
assumptions over the next several months as well as ridership and revenue projections
and will return to the Board this summer with an operating budget that more fully details
the Fiscal Year 2007 budget, business plan and revenue/cost assumptions.
Executive Director Warrington said on the capital side, with the replenishment of the
Transportation Trust Fund, NJ TRANSIT will ensure that the existing system is
maintained in a state-of-good-repair, and that basic safety and reliability work remains
top priority.
Executive Director Warrington said the Transportation Trust Fund program for Transit
will increase by $145 million annually over the next several years for a total of $675
million, the largest state funded capital program in Transit's history. These additional
funds will help ensure reliability, enable upgrades to rolling stock, including the complete
overhaul of 76 longer distance cruiser buses and the replacement of every transit style
bus in the fleet.
Executive Director Warrington said in addition, the budget will allow for the purchase of
42 new diesel locomotives, as well as replacing or overhauling 230 of the 1970's vintage
(brown seat) Arrow Ill rail cars and 148 Comet Ills and IVs.
He said NJ TRANSIT would also invest in 14 railroad stations and create over 4,000
new parking spaces for commuters.
Executive Director Warrington said the Governor's Capital Program allows NJ TRANSIT
to advance critically needed capacity expansion projects such as THE Tunnel, Northern
Branch service, Passaic-Bergen service, Middlesex-Ocean-Monmouth (MOM) and the
Lackawanna Cutoff, among others.
Executive Director Warrington updated the Board on some of the initiatives put in place
two weeks ago at the Governor's direction to help counter rising gas prices.
(NJT BOARD -05/09/2006)
Executive Director Warrington said NJ TRANSIT created a new section of the website njtransit.com - specifically designed as a one-stop trip planning and schedule resource
for new customers who want to try the system. He said the new section includes a
"parking capacity tracker" to provide a daily update on where parking spaces are
available on the system. He said the parking tracker reported that NJ TRANSIT had
about 4,800 spaces available at places like the Vince Lombardi ParkJRide, Ramsey
Route 17, Montclair State University Station, Florence and 36 Street stations on the
River Line, and the 45th Street Station in Bayonne on
HBLR.
Executive Director Warrington said the good news is that NJ TRANSIT recorded nearly
3,000 "hits" on the special website page geared to help first-time transit users, just days
after the Governor's announcement.
Executive Director Warrington said at the end of next week, NJ TRANSIT will send free
round trip tickets to the 26,000 customers who receive their monthly tickets through the
mail. He said NJ TRANSIT is encouraging these customers to give the tickets to friends
and family members to try transit instead of driving to work, school, and other activities.
Those tickets will hit mailboxes throughout the State beginning May 22, 2006.
Executive Director Warrington said NJ TRANSIT would continue to keep the Board
updated as the summer season begins.
Suzanne Mack presented the Advisory Committee report to the Board. Ms. Mack
thanked the Board of Directors and Executive Director Warrington for the new initiatives
such as the parking tracker and distributing free tickets as a marketing tool. Ms. Mack
said with the rise in gas prices, this is a good opportunity for NJ TRANSIT to capture
ridership. Ms. Mack said the Advisory Committee is a prime advocate of the
Transportation Trust Fund and she is thrilled by the commitment of $22 million to NJ
TRANSIT. She said she hopes this offsets the gas price increases so fares could be
held down. Ms. Mack said she appreciates the bold initiatives the Governor and
Chairman have taken with regard to the Transportation Trust Fund.
There were no public comments on agenda items.
Executive Director Warrington presented the following Action Items for approval:
0605-27:
SOLEISINGLE SOURCE VENDORS PURCHASE OF REPLACEMENT
PARTS AND SERVICES (BUS, RAIL AND HEADQUARTERS)
Approval was requested for the routine annual authorization approval to
contract with sole and single source vendors for components or parts
needed to repair and maintain rolling stock equipment designed by the
original equipment manufacturer. For the most part, these vendors have
proprietary control over the manufacture and parts needed for repairs.
Included are items such as bus and TVM ticket stock, ballast, track
material, brake shoes, electrical parts and supplies and parts for the Arrow
(NJT BOARD -05/09/2006)
Passenger Car repairs. The cost for a 12-month period will not exceed
$22 million.
Patrick W. Parkinson moved the resolution, Kenneth E. Pringle seconded
it and it was unanimously adopted.
Board Member Myron P. Shevell recused himself from voting on ltem
#0605-27, Solelsingle Source Vendors Purchase of Replacement Parts
and Services (Bus, Rail and Headquarters)
Due to the recusal, a motion was made by Kenneth E. Pringle, seconded
by Patrick W. Parkinson and adopted, to rescind the vote on Resolution
#0605-27, Solelsingle Source Vendors Purchase of Replacement Parts
and Services (Bus, Rail and Headquarters) and to vote on this Resolution
again.
Kenneth E. Pringle moved the resolution ltem #0605-27, Solelsingle
Source Vendors Purchase of Replacement Parts and Services (Bus, Rail
and Headquarters) and Patrick W. Parkinson seconded it and it was
adopted. Myron P. Shevell recused himself from voting on this item.
0605-28:
AMENDMENT TO THE REHABILITATION AND REPAIR TO ROSEVILLE
CUT NORTH RETAINING WALL, MORRIS & ESSEX LINES, NEWARK,
NJ
Last summer, the Board authorized a contract with Merco Inc. to
rehabilitate and repair the North Retaining Wall of a section of the Morris &
Essex Rail Lines known as the "Roseville Cut". This project will improve
the structural integrity and reliability of the wall, which was constructed in
the early 1900's, and reduce the number of periodic track outages
necessary for inspections. This project was well underway when
additional and previously unknown areas requiring repair and the filling of
concrete voids were uncovered. Approval is requested to amend the
existing contract at a cost not to exceed $1.7 million to perform repairs to
the new-found deterioration and fully repair the North Retaining Wall in the
most cost effective manner, while the contractor is still on site.
Kenneth E. Pringle moved the resolution and Patrick W. Parkinson
seconded it and it was unanimously adopted
Executive Director Warrington presented the following Consent Items for approval:
0605-29:
AMENDMENT TO ATLANTIC
SERVICE AGREEMENT
CITY
RAIL TERMINAL
SHUTTLE
37372
(NJT BOARD -05/09/2006)
Authorization to extend the existing agreement with the Atlantic City Jitney
Association for the operation of Atlantic City Rail Terminal shuttle service
for six months, from July 1, 2006 through December 31, 2006, at a total
cost not to exceed $788,250, plus five percent for contingencies.
0605-30:
REGULATION: RE-ADOPTION WITH AMENDMENTS OF N.J.A.C. 16:72
PROCUREMENT POLICIES AND PROCEDURES
Authorization to take all actions necessary to adopt with amendments the
regulations, N.J.A.C. 16:72 et seq., Procurement Policies and Procedures,
consistent with this Board item and exhibits, put the regulations in the
appropriate format and take all other actions necessary to effectuate the
final adoption and promulgation of NJ TRANSIT'S Procurement Policies
and Procedures.
The Consent Calendar was moved in its entirety by Patrick W. Parkinson, seconded by
Kenneth E. Pringle and unanimously adopted.
There were four public comments on non-agenda items.
William Wright, on behalf of the New Jersey Association of Railroad Passengers, gave
the Board of Directors an inventory of vital rail rights-of-way in New Jersey that should
be preserved for future rail service. Mr. Wright said there are millions of people living in
New Jersey with millions more entering or doing business in the State.
Marguerite Anne Petrillo commented that in July 2005 an article appeared in the Star
Ledaer that NJ TRANSIT would enter into a contract for services to rate NJ TRANSIT
employees. Vince Soleo, AED, Procurement and Support Services, said the contract
for undercover services has not yet been awarded. Ms. Petrillo asked if this would be on
a future board agenda and Mr. Soleo replied yes.
Gary Kazim commented on the issue of mini-high level platforms on the Morristown
Line. Mr. Kazim said that the rail crew refused to board him from a high level platform.
Mr. Kazim said he has had discussions with various staff and hopes that the crew will
be trained and this issue resolved.
Rose Heck, on behalf of the New Jersey Association of Railroad Passengers (NJARP)
thanked the Chairman and Executive Director for their continuing dialogue on the
Northern Branch. Ms. Heck said she would continue to work on the DMU project and
Bayonne extension. Ms. Heck said it is NJARP's intention to continue to speak publicly
on light rail for Bergen County. She said light rail was promised to Bergen County years
ago. Ms. Heck said ridership numbers are increasing and the capacity on light rail will
be doubled. She said the dialogue will continue and she hopes NJ TRANSIT will be
convinced that Bergen County needs light rail.
(NJT BOARD -05/09/2006)
Al Cafiero, on behalf of Senator Cardinale's office, commented that the legislators were
told there will be a one seat ride into the new tunnel at New York Penn Station. Mr.
Cafiero asked the cost of connecting the transfer station into North Bergen to the tunnel
and Mr. Sarles said approximately $900 million.
The Spring 2006 issue of Railaram was distributed by the Lackawanna Coalition.
Since there were no further comments or business, the Chairman called for
adjournment and a motion to adjourn was made by Myron P. Shevell, seconded by
Patrick W. Parkinson and unanimously adopted.
The meeting was adjourned at approximately 10:05 am.
NEW JERSEY TRANSIT CORPORATION
NJ TRANSIT BUS OPERATIONS, INC.
NJ TRANSIT RAIL OPERATIONS, INC.
NJ TRANSIT MERCER, INC.
RE-SCHEDULED BOARD OF DIRECTORS MEETING
MAY 9,2006
MINUTES
PAGE
r EXECUTIVE SESSION AUTHORIZATION
37376
u APPROVAL OF MINUTES OF PREVIOUS MEETINGS
37377
i. EXECUTIVE DIRECTOR'S MONTHLY REPORT
>
ADVISORY COMMITTEE REPORTS
>
PUBLIC COMMENTS ON AGENDA ITEMS
ACTION ITEMS
0605-27
SOLEISINGLE SOURCE VENDORS PURCHASE OF 37406
REPLACEMENT PARTS AND SERVICES (BUS, RAIL,
AND HEADQUARTERS)
Authorization to enter into sole or single source
procurement-by-exception contracts for the purchase of
materials and services from approved vendors set forth in
Exhibit A (subject to adjustments), to support Bus, Rail,
Light Rail and Headquarters operations at a cost not to
exceed $22,000,000. This request will cover a 12-month
period. All items or services purchased on a sole/single
source basis will be subject to price or cost analysis to
ensure the reasonableness of the prices provided.
0605-28
AMENDMENT TO THE REHABILITATION AND REPAIR 37415
TO ROSEVILLE CUT NORTH RETAINING WALL,
MORRIS & ESSEX LINES, NEWARK, NJ
Authorization to amend Contract No. 05-038 with Merco,
Inc., of Lebanon, N3, for additional rehabilitation and repair
of the North Retaining Wall of the Roseville Cut, at a cost
NEW JERSEY TRANSIT CORPORATION
NJ TRANSIT BUS OPERATIONS INC.
NJ TRANSIT RAIL OPERATIONS INC.
NJ TRANSIT MERCER INC.
RE-SCHEDULED BOARD OF DIRECTORS MEETING
MAY 9,2006
MINUTES
PAGE 2
not to exceed $1,700,000 plus five percent for
contingencies at a total cost not to exceed $5,482,408,
subject to the availability of funds.
CONSENT CALENDAR
0605-29
AMENDMENT TO ATLANTIC CITY RAIL TERMINAL 37419
SHUTTLE SERVICE AGREEMENT
Authorization to extend the existing agreement with the
Atlantic City Jitney Association for the operation of Atlantic
City Rail Terminal shuttle service for six months, from July
1, 2006 through December 31, 2006, at a total cost not to
exceed $788,250, plus five percent for contingencies.
0605-30
REGULATION: RE-ADOPTION WITH AMENDMENTS OF 37421
N.J.A.C.16:72
PROCUREMENT
POLICIES
AND
PROCEDURES
Authorization to take all actions necessary to adopt with
amendments the regulations, N.J.A.C. 16:72 et seq.,
Procurement Policies and Procedures, consistent with this
Board item and exhibits, put the regulations in the
appropriate format and take all other actions necessary to
effectuate the final adoption and promulgation of NJ
TRANSIT'S Procurement Policies and Procedures.
PUBLIC COMMENTS ON NON-AGENDA ITEMS
(NJT Board-5/9/06)
EXECUTIVE SESSION AUTHORIZATION
BE IT HEREBY RESOLVED pursuant to N.J.S.A.
10:4-12 and N.J.S.A. 10:4-13 that the Board of Directors of
the New Jersey Transit Corporation hold an executive
session to discuss litigation matters and contract
negotiations; and
BE IT FURTHER RESOLVED that it is expected that
discussions undertaken at this executive session could be
made public at the conclusion of these matters as
appropriate.
(NJT Board-5/9/06)
APPROVAL OF MINUTES
WHEREAS, the By-Laws provide that the minutes of
actions taken at meetings of the New Jersey Transit
Corporation, NJ TRANSIT Rail Operations, Inc., NJ
TRANSIT Bus Operations, Inc. and NJ TRANSIT Mercer,
Inc. Board of Directors be approved by the Board; and
WHEREAS, pursuant to Section 4(f) of the New
Jersey Public Transportation Act of 1979, the minutes of
actions taken at the April 12, 2006 Board meeting of the New
Jersey Transit Corporation, NJ TRANSIT Bus Operations,
Inc., NJ TRANSIT Rail Operations, Inc. and NJ TRANSIT
Mercer, Inc. were forwarded to the Governor on April 14,
2006;
NOW, THEREFORE, BE IT RESOLVED that the
minutes of actions taken at the April 12, 2006 New Jersey
Transit Corporation, NJ TRANSIT Rail Operations, Inc., NJ
TRANSIT Bus Operations, Inc. and NJ TRANSIT Mercer,
Inc. Board of Directors' meetings are hereby approved.
(NJT Board-5/9/06)
Jon S. Corzine
Governor
T' :!:!;!
\\\
Maplewood, NJ 07040-2494
Kris Kolluri, Esq.
Board Chairman
George D. Warrington
Executive Director
TO:
FROM:
DATE:
SUBJECT:
BOARD OF DIR
GEORGE D. WA
MAY 9,2006
EXECUTIVE DIRECTOR'S REPORT - MAY 2006
Less than three months ago, we opened two new light rail stations in northern Hudson County-Tonnelle
Avenue Station in North Bergen and Bergenline Avenue Station in Union City. Ridership on the system has
grown significantly since opening day-from 23,000 weekday trips in early February to more than 34,000
trips today, with the majority of this ridership attributable to the new staticns.
In two weeks we will take another major step toward improving mobility and convenience in Hudson County
and the region as we celebrate the opening of the new Port Imperial Ferry Terminal. The new terminal will
give NY Waterway customers an improved commuting experience, with more capacity, a larger waiting area
and vending options. Work is currently underway on the pedestrian bridge that will connect the terminal with
the Port Imperial light rail station. The light rail system provides a quick and easy connection to the terminal,
and we continue to work with NY Waterway to promote this very attractive commuting option.
On the southern end of the line, on Saturday we announced our commitment to extend light rail service to
8th Street in Bayonne, an improvement made possible thanks to the leadership of both the Commissioner
and Governor on the Transportation Trust Fund.
With respect to funding, last month I appeared with our chairman at Assembly and Senate budget
committee hearings to brief the legislature on our FY07 budget picture. We will continue to refine cost
assumptions over the next several months-as well as our ridership and revenue projects-and will
return to the Board this summer with an operating budget that more fully details our FY07 budget,
business plan and revenue/cost assumptions.
On the capital side, with the replenishment of the Transportation Trust Fund, we will ensure that the
existing system is maintained in a state of good repair, and that basic safety and reliability work remains
our top priority. The Transportation Trust Fund program for Transit will increase by $145 million annually
over the next several years for a total of $675 million-the largest state funded capital program in
Transit's history. These additional funds will help ensure reliability and enable us to upgrade rolling stock,
including the complete overhaul of 76 longer distance cruiser buses and the replacement of every transit
style bus in our fleet. In addition, the budget will allow for the purchase of 42 new diesel locomotives, as
well as replacing or overhauling 230 of the 1970's vintage Arrow Ill rail cars and 148 Comet Ills and IVs.
We will also invest in 14 railroad stations and create more than 4,000 new parking spaces for commuters.
The Governor's transportation budget also allows us to move forward with critically needed capacity
expansion projects such as THE Tunnel, Northern Branch service, Passaic-Bergen rail service, MOM and
the Lackawanna Cutoff, among others.
Two weeks ago, we put in place a number of initiatives at the Governor's direction to help counter rising
gas prices. To encourage use of our buses, trains and light rail lines and make using the system easier
for new customers, we created a new section of our website specifically designed as a one-stop trip
planning and schedule resource for new customers who want to try the system. The new section
includes a "parking capacity tracker" to provide a daily update on where parking spaces are available on
the system.
At the end of next week, we wlll send free round trlD t~cketsto the 26.000 customers who receive the~r
nonthlv tlckets througn the mall \Ne are erxouraglng these customers to glve the t~ckersto irlends or
and fam~rymernoers to try trans~tInstead or driv~ngto work school, and other ac:rvirles The *ree '~ckers
w~llarrlve In narlboxes t h r o ~ ~ n o :he
u t stare Se? n r , r q Mav 22
EXECUTIVE DIRECTOR'S MONTHLY REPORT
MAY 2006
1
HIGHLIGHTS
2.
CUSTOMER AND COMMUNITY INITIATIVES
3.
EMPLOYEE RECOGNITION
4.
DBEIMBE PROGRAM
5.
PERFORMANCE MEASURES
(NJT Board-5/9/06)
37081
I
Capacity enhancements on the way for New York Penn Station
On April 12, the NJ TRANSIT Board of Directors authorized preliminary design for the creation
of a new concourse to connect to the new Moynihan Train Station, a critical early action item of
the Access to the Region's Core (ARC) project that will expand the capacity of the New York
Penn Station complex and improve pedestrian flow throughout the facility.
The project is a key component of NJ TRANSIT'S plans for Moynihan Station and expanded rail
service, helping to provide NJ TRANSIT customers with a vital and effective commuter gateway
into Manhattan, complementing both the existing Penn Station aqd the proposed 3dthStreet
Station that is part of THE Tunnel project.
The new concourse will connect to the Moynihan Station and the Long Island Rail Road's 8th
Avenue Concourse. The project also includes extending the platforms serving tracks one
through four to accommodate longer trains and connect them with the new concourse. Taken
together, these measures are expected to significantly improve customer circulation throughout
the station.
The contract amendment with Transit Link Consultants, a Joint Venture of Parsons Brinckerhoff
of Newark and Systra Consulting, Inc. of Bloomfield, will ensure that the new concourse is well
integrated with a series of New York Penn Station capacity enhancements initiated by
NJ TRANSIT to augment the Moynihan Station and Trans-Hudson Express (THE) Tunnel
projects.
In November, NJ TRANSIT executed a Memorandum of Understanding with the Moynihan
Station Development Corporation (MSDC) that will enable NJ TRANSIT to become the anchor
rail tenant at the new Moynihan Station on 81hAvenue in New York City. Moynihan Station will
provide an alternate means for customers to access the boarding platforms of Penn Station and
as a result, improve the effective passenger moving capacity of the station complex. With the
additional customer capacity, the platforms serving tracks one through four will be lengthened
on both ends to accommodate longer trains.
ARC features the new Trans-Hudson Express (THE) Tunnel as its centerpiece and together
with added track, station and train storage facilities will double trans-Hudson rail capacity to
meet peak-period demand for service between New Jersey and Manhattan-projected to surge
from 43,000 passengers today to 86,000 passengers by 2025.
(NJT Board-5/9/06)
3 73 82
I
The new concourse, platform extensions and related New York Penn Station capacity
enhancements are expected to be completed by 201 0.
Mt. Arlinqton Station approved by NJ TRANSIT Board of Directors
Motorists looking for an escape from the congestion of Route 80 will soon find relief. On April
12, the NJ TRANSIT Board of Directors approved construction of the Mount Arlington Station,
which is expected to reduce congestion on the busy 1-80 corridcjr.
The project also will reconfigure and expand by 57 spaces the existing parking lot, which is
today a carpool and bus park & ride, bringing the total capacity to 285 spaces. The lot, which
was built in 2003 by the New Jersey Department of Transportation (NJDOT), is located at the
Howard Boulevard Interchange of Route 80 in Mount Arlington.
The station will be served by trains on the Montclair-Boonton Line and the Morristown Line,
enabling customers to travel to Hoboken Terminal, where transfers are available to bus, PATH
and trans-Hudson ferries. Customers traveling to midtown Manhattan will be able to transfer to
MidTOWN DIRECT service at Dover or Montclair State University stations.
The new facility, which will be fully accessible for customers with disabilities, will feature heated
waiting shelters on the inbound platform, two high-level platforms, a pedestrian underpass and
public address and passenger communications systems.
Terminal Construction Corp. of w o o d - ~ i d ~will
e construct the new station and associated
improvements under a $12.1 million contract. Construction is scheduled to begin this summer;
the project is expected to be complete by the end of 2007.
Rehabilitation planned for 94-year-old drawbridge on North Jersey Coast Line
As part of an ongoing effort to maintain New Jersey's passenger rail infrastructure in a state-ofgood-repair, on April 12 the NJ TRANSIT Board of Directors approved a $4.7 million
construction contract to restore the Morgan Drawbridge on the North Jersey Coast Line.
Located over the Cheesequake Creek in Sayreville, the moveable bridge was constructed in
1912 and carries a total of 74 passenger trains each weekday.
(NJT Board-5/9/06)
37383
Benefiting NJ TRANSIT customers and marine traffic alike, the repair work will extend the useful
life of the bridge and ensure reliable and safe operation for years to come. The contract award
to Kiska Construction, Inc. of Long Island City, NY, includes rehabilitation of the mechanism for
opening and closing the bridge, as well as other structural and mechanical improvements.
NJ TRANSIT will make every effort to minimize customer impact by conducting the work during
off-peak and weekend hours whenever possible. Construction work is expected to begin this
spring with anticipated completion in summer 2007.
NJ TRANSIT responds to current hiqh price of gasoline
NJ TRANSIT is taking several steps to encourage use of its buses, trains and light rail lines and
make using the system easier for new customers during the current period of high gasoline
prices.
NJ TRANSIT first began tracking ridership gains attributable to the cost of gasoline in summer
2005. At that time, the Corporation began taking steps to meet and anticipate ridership
demand, including purchasing and leasing new equipment and adding seats to bus, rail and
light rail services.
NJ TRANSIT took additional steps recently to help new and current customers coping with the
high cost of gasoline, including adding or adjusting capacity to match ridership demand. Since
January, 160 bus trips have been added on 46 routes across the system, and over the next
several months, 101 more trips will be added on 31 routes.
On the rail system, NJ TRANSIT has reallocated passenger coaches to provide seats where
they are needed most. New multi-level rail cars, which offer 15-20 percent more seats than the
current fleet, will be placed into service on the State's busiest routes starting this fall.
In addition, NJ TRANSIT has taken the following steps to help new customers:
1. Encourage use of public transportation by offering a free round trip to the 26,000
NJ TRANSIT customers who receive their monthly tickets by mail. The round trip
will arrive with June monthly tickets and enable friends and family members to discover
37384
(NJT Board-5/9/06)
1
1
the ease and convenience of using NJ TRANSIT.
2. Redeploy personnel to provide additional customer service operators at
NJ TRANSIT'S toll-free call center (800-772-2222).
3. Create a new section of www.njtransit.com to serve as a one-stop trip planning and
schedule resource for new customers who want to try the system.
4. Add a "Parking Capacity Tracker" that will be updated daily to show customers where
parking spaces are available on the NJ TRANSIT system.
(NJT Board-5/9/06)
37386
Belmar Mayor kicks off 'spring cleaninq' for Earth Day
In celebration of Earth Day, Belmar Mayor and NJ TRANSIT Board member Kenneth E. Pringle
today announced on April 20 the "adoption" of Belmar Station under NJ TRANSIT'S Adopt-AStation program, which also signaled the startup of the Corporation's "Spring Cleaning Station
Sweep" program.
Sovereign Bank's Belmar Branch agreed to adopt the train station for two years and will pick up
litter around the facility at least four times a year. Representatives from the bank also will plant
and maintain flowers on the property.
In addition, NJ TRANSIT has partnered with the New Jersey Clean Communities Council, which
will spruce up rail stations in New Brunswick, Elizabeth and Atlantic City. The Trenton-based
nonprofit organization will deploy members to sweep and pick up litter.
During the program Mayor Pringle, volunteers from the New Jersey Clean Communities Council
and Sovereign Bank planted flowers, swept around the station, picked up litter and powerwashed the sidewalk.
NJ TRANSIT introduced its "Adopt-A-Station" program in 1998, modeling it after the New Jersey
Department of Transportation's successful "Adopt-A-Highway" program. Belmar Station is the
1gthstation to be adopted.
In addition to the Adopt-A-Station program, NJ TRANSIT works diligently to protect the
environment throughout the year:
Particulate matter reduced dramatically
Since 1991, NJ TRANSIT has employed a comprehensive strategy to dramatically reduce
emissions from its bus fleet by:
Purchasing new equipment (MCI Cruisers, Neoplan and Nova B buses)
Rebuilding engines in older buses
Using ultra-low-sulfur diesel fuel
Adding alternative-energy buses (compressed natural gas and hybrids)
(NJT Board-5/9/06)
37387
NJ TRANSIT is on course to reduce particulate-matter emissions by more than 91 percent over
1994 levels, and to reduce oxides of nitrogen emissions (two major pollutants from exhaust) by
53 percent, by the end of 2006.
Heavy user of 'green power'
Recently, NJ TRANSIT'S use of renewable energy was recognized when the United States
Environmental Protection Agency named the New Jersey Consolidated Energy Savings
Program (NJCESP) the nation's 1 4 ' ~largest purchaser of "green power" (electricity from solar,
wind and geothermal sources). NJ TRANSIT uses 30 percent of the green power purchased by
the NJCESP. Since joining the program in 2000, the net effect of NJ TRANSIT participation has
resulted in clean air benefits equivalent to the removal of almost 10,000 cars from the road.
NJ TRANSIT has also reduced its electrical consumption through a series of lighting and
building automation control projects, reducing air pollution. In addition to the dollars saved, the
net effect of this program is equivalent to the removal of an additional 5,000 cars from the road
each year.
Hybrid vehicles replace older vehicles
NJ TRANSIT recently replaced some of its older fleet vehicles with 21 hybrid vehicles, which are
powered through a combination of gasoline and electricity. The new hybrids are
environmentally friendly and cost less to fuel.
Recycling paper, industrial waste serves environment
NJ TRANSIT uses recycled paper for its timetables and copy machines to benefit the
environment. Each year, the Corporation's recycling program saves 1.2 million gallons of water,
nearly 3,000 trees and 1.6 billion BTUs of energy, while reducing atmospheric emissions,
waterborne waste and solid waste.
In general, the Corporation recycles about 20 tons of paper per month at its larger office
facilities.
In addition, NJ TRANSIT has implemented recycling programs for industrial waste. Last year,
for example, the Corporation recycled approximately 212,000 gallons of used oil, 38,000 gallons
of used anti-freeze, 13 tons of mercury-containing fluorescent and metal halide light bulbs,
153,000 pounds of used oil and fuel filters, and 25 tons of batteries.
7
I
OzonePass program gives environment, customers some relief
The Corporation's OzonePass program gives New Jersey-based employers the opportunity to
offer their employees a $2.50-round-trip commute within New Jersey on any NJ TRANSIT bus,
train or light rail line on designated "Ozone Alert" days. NJ TRANSIT was the first commuter
system to introduce the OzonePass concept in 1999. Since the program's inception,
NJ TRANSIT has sold more than 50,000 OzonePasses to New Jersey employers.
Smoke free policy takes effect
On Saturday, April 15, New Jersey's Smoke Free Air Act took effect. In compliance with the
Act, NJ TRANSIT has modified its policies and procedures, as follows:
Smoking is prohibited in enclosed indoor places owned or controlled by NJ TRANSIT in New
Jersey. This includes customer waiting rooms, trains, buses, light rail vehicles, and structurally
enclosed parking garages and facilities. Smoking is also prohibited on train, bus and light rail
platforms at stations and terminals owned or controlled by NJ TRANSIT in New Jersey.
For employees, this means that many areas previously used for smoking have become off-limits
with the new policy. Smoking is no longer permitted on the premises of NJ TRANSIT'S
headquarters facilities at Penn Plaza and the Maplewood GOB, with the new prohibition
including courtyards, loading docks and any other indoor areas or partially enclosed areas of the
buildings. Also, to send a consistent message to customers, employees are not permitted to
smoke on the sidewalks in front of the buildings.
In addition to "no smoking" rules in all NJ TRANSIT indoor workplaces, smoking is prohibited in
all enclosed parking garages that NJ TRANSIT controls-including
I
those used for employee
and company vehicle parking.
For both employees and customers, smoking is prohibited on rail and light rail platforms,
whether open or enclosed; at major bus terminal boarding areas controlled by NJ TRANSIT,
whether open or enclosed; and of course, on board trains, buses and light rail vehicles.
While the law only affects stations and terminals in New Jersey, NJ TRANSIT employee facilities in
all locations are covered by the policy prohibiting smoking in NJ TRANSIT workplaces.
NJ TRANSIT operates early getaway bus service for Passover
NJ TRANSIT offered early getaway bus service on Wednesday, April 12 from the Port Authority
Bus Terminal in New York for the benefit of customers observing Passover. The extra service
included 16 afternoon trips on various bus routes.
NJ TRANSIT hosts open house on Hamilton Station development
NJ TRANSIT hosted an open house on its plans for a transit-friendly development at the
Hamilton Train Station in Hamilton Township on Thursday, April 27, 2006. The meeting was
held at the Hamilton Township's Public Library.
NJ TRANSIT staff, along with representatives from the development and architecture teams,
were on hand to provide information on the project, outline the benefits of transit-friendly
planning and speak one-on-one with attendees to obtain feedback.
The proposed development for NJ TRANSIT'S 20-acre property at the train station includes
retail, residential, office, hotel and parking components designed to create a vibrant downtown
community.
Creative Services staff members earn honors
'Congratulations to Beata Lazor and Marci Brezina of our Creative Services department for their
award-winning submissions to the Communicator Awards 2006 Print Media Competition-an
international contest that honors excellence in the field of communications.
Beata received an Award of Excellence, given to those entries whose ability to communicate
puts them among the best in the field, for her work on materials for THE Tunnel.
Marci won awards of distinction for both the Ethics Brochure and the Newark City Subway logo.
The Award of Distinction is presented for projects that exceed industry standards in quality and
excellence.
NJ TRANSIT hosts 'Take Your Children to Work' proqram
On April 27, NJ TRANSIT participated in the national "Take Your Children to Work" program,
providing children with the opportunity to learn about the type of work NJ TRANSIT employees
do and the valuable service NJ TRANSIT provides to New Jersey residents. A total of 87
children between the ages of 9 and 11 participated, enjoying a morning of planned activities,
lunch with their parent or guardian and "job shadowing" during the afternoon.
The program included three separate satellite locations-Newark
Penn Plaza, Maplewood GOB
and the Newton Avenue facility in Camden. At each location, the children introduced
themselves during "ice breaker" exercises before heading off on site-specific tours. In
Maplewood, participants boarded an articulated bus to Ferry Street Building 3, where they were
treated to an NJ TRANSIT Police K-9 unit demonstration. From Newark, the group boarded'a
train to Secaucus Junction for a tour of the station, went on a "transportation hunt" and also
enjoyed a demonstration from the NJTPD's K-9 unit. At the Camden location, the kids visited
the bus simulator before going for a ride on River LINE.
Chris Buoncuore of Employee Relations coordinated the successful event with assistance from
Leslie Owens, Wanda Barnett and Charlene Butler-also
of Employee Relations-as
Sheila Brown of the South Jersey Transit Information Center.
The following employees volunteered their time as chaperons for the event:
Mary Ann Redmond
Bill Forke
well as
37392
(NJT Board-5/9/06)
Manley Koonts
Valerie Thomas
Steve Castrovinci
Shirley McColligan
Xiornara Fernandez
Lorraine Colarusso
Vanessa Mason-Lewis
Sylvia Benavente
Sheila Gunther
Mary Levoyer
Maria Colon
Toni Finnegan
Penny Jackson
Kris Lemus
Delleatha Carstarphen
EliseStill
Loretta Sweeney
Christine Tribble
NJ TRANSIT employees bid farewell after outstanding careers
Eleven NJ TRANSIT employees retired in April with careers ranging from 13 to 29 years of
service:
1. Charles P. Lombard (Cedar Grove) Maplewood Financial Compliance Analyst - 29
years
2. Robert Philbrook, Jr. (Belford) Market Street Garage Building Maintenance - 29 years
3. Robert F. Kersellius (Old Bridge) Ferry Street Sr. Training Specialist - 27 years
4. Vicki L. Wydenowski (Paulsboro) Newton Avenue Foreman II - 26 years
5. Leo R. Fitzsimmons (Lawrence Harbor) Ferry Street DIN Crew Special Maintenance 25 years
6. William 6. Barnes (Irvington) Maplewood Sr. Employee Development & Training
Specialist - 21 years
7. Gary L. Morgan (Mays Landing) Atlantic City Bus Operator - 21 years
1
8. Jerome Muckle (Passaic) Market Street Garage Bus Operator - 20 years
1
I
(NJT Board-5/9/06)
37095
NJ TRANSIT - Office of Business Diversity DBEISBE Participation
Federally Funded Contracts
$155,943,347 in federal funds was awarded during October thru April of FY 06'. Disadvantaged
Business Enterprises (DBEs) were awarded $36,322,190 or 23.3 percent, which includes both
race conscious and race neutral awards.
State Funded Contracts
$225,675,004 in state-funded contract dollars was awarded during July thru April FY 06. ** Of
that total, Small Business Enterprises (SBEs) received $30,588,033 or 13.6 percent. Category
1 SBEs received $1,577,612 or 0.7 percent. Category 2 SBEs received $6,062,064 or 2.7
percent. Category 3 SBEs received $13,410,116 or 5.9 percent. Category 4 SBEs received
$4,210,734 or 1.9 percent. Category 5 SBEs received $5,327,507 or 2.4 percent. ***
Federal & State Contracts Total
$381,618,351 in federal and state contract dollars was awarded by NJ TRANSIT during this
reporting period. Of that total, $66,910,223 or 17.5 percent of federal and state contract dollars
was won by DBEs and SBEs.
Hudson-Berqen Liqht Rail Transit System Proiect
Of $1,433,024,411 in contract dollars awarded for the Hudson-Bergen Light Rail Transit System
project****, $180,729,496 or 12.6 percent has been received by DBEs. Of the $180,729,496, 6
percent or $86,823,647 has been won by Women Business Enterprises (WBEs) who are
classified as DBEs.
*Fiscal year beginning October 1, 2005
**Fiscal year beginning July 1, 2005
***Cat I-Less than $500,000 gross revenues, Cat 2-Less than $5 million, Cat 3-Less than $12
million, Cat 4 (construction)-Less than $1 million, Cat 5 (construction)-Less than $17,420,000
****This M D figure reflects federal dollars expended on an annual basis; including change
orders, for the period from December, 1996 through April 2005.
---
(NJT Board-5/9/06)
DBE PARTICIPATION
FEDERAL CONTRACTS
FEDERAL FYTD (THRU APRIL 2006)
DBE RACE
NEUTRAL &
RACE
CONSCIOUS
$36,322,190
23.3%
NON-DBE
FEDERAL
$119,621,157
76.7%
SBE PARTICIPATION
STATE CONTRACTS
STATE FYTD (THRU APRIL 2006)
NON-SBE STATE
$195,086,971
86.4%
37398
(NJT Board-5/9/06)
f
% Trains Reported Within 6 Minutes of Schedule
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
Jan
Feb
Mar
Apr
Analysis:
Systernwide, Rail On-Time Performance for April 2006 was 96.7%, well above the goal of 95.0%. Of the 18,282 trains
that were scheduled to operate, 17,684 were on time, while 598 trains (or 3.3%) were delayed. Causes of delay
included:
An incident involving a trespasser on the NEC on April 5th;
A locomotive failure on April 18th; and
A brush fire in Millburn that affected all three tracks on April 20th.
The 12-month average for Rail On-Time Performance systemwide for May 2005
average for the previous 12-month period.
L
- April
2006 was 94.g0h,above the
37399
(NJT Board-5/9/06)
ON-TIME PERFORMANCE
RAIL
% Trains Reported On Time
I
1
100.0%
1
I
I
I
1
96.0%
1
I
I
92.0%
I
1
PEAK
OFF-PEAK
WEEKEND
J
\
-
I
% Trains Reported On Time
I
1
!
NEC
\
NJCL
M&E
RVL
Main-B
PVL
Montclair-B
ACL
37400
(NJT Board-5/9/06)
ON-TIME PERFORMANCE
BY RAIL LlNE & TIME PERIOD
APRIL 2006
NORTHEAST CORRIDOR
.
100.0%
96.0%
U
6
,
96.0%
0
92.0%
92.0%
88.0%
$
I
1
76.0%
PEAK
OFF-PEAK
II
WEEKEND
I
I
1
I
80.0%
1
j
1
I
88.0%
84.0%
f
84.0%
80.0%
I
76.0%
I
PEAK
1
OFF-PEAK
I
96.0%
{
;
--
i
RARlTAN VALLEY LINE
I
1
1
I
100.0%
'
I .
:
92.0%
I
88.0%
$
I
Time Period
MORRIS 8 ESSEX
100.0%
WEEKEND
I
Time Period
,
I
NORTH JERSEY COAST LlNE
I
100.0%
r"
'
$
84.0%
96.0%
I
92.0%
88.0%
I
I
84.0%
80.0%
80.0%
76.0%
76.0%
WEEKEND
OFF-PEAK
PEAK
WEEKEND
I
Time Period
;
!
I
MAIN-BERGEN
I
100.0%
0
I
I
'
i
I
Time Period
I
I
0
C
z
5
a
96.0%
-
-
98 5%
99 1 %
.
I
'
-
1
I
-
OFF-PEAK
I
1
WEEKEND
c
f
I
I
PEAK
I
100.0%
i
92.0% 88.0% 84.0%
80.0%
76.0%
I
PASCACK VALLEY
I
I
96.0%
92.0%
88.0%
84.0%
80.0%
I
76.0%
PEAK
Time Period
OFF-PEAK
Time Period
--
1
--
I
-
MONTCLAIR-BOONTON
PEAK
,
ATLANTIC CITY'
I
Time Period
WEEKEND
WEEKDAY
OFF-PEAK
There Is no dbtlnctlon for the ACL
b c m n peak and 0ff.pe.h servlce
'NOTE
- -
Time Period
1
37401
(NJT Board-5/9/06)
NJ TRANSIT
ON-TIME PERFORMANCE
BUS
MAY 2004 APRIL 2006
-
I
% Buses
Departing
Major Terminals Within 6 Minutes of Schedule'
89.2%
88% Goal: 92.0%
86% -
84%
I
1
May
Jun
Jul
Aug
Sep
Oct
Dec
Nov
-
Feb
Jan
Mar
Apr
-
gote: Includes the Walter Rand Transportation Center. Atlant~cClly Bus Terminal. Port Authority Bus Terminal and Newark Penn Statlon
2005
April ~ o r n ~ a r i s o n l 92.7%
12-Month Average May
- rill
2004-2005
91.4%
I
2006
94.3%
I
2005-2006
91.9%
# Change
1.6%
I
1
# Change
0.5%
Analysis:
Bus On-Time Performance for April 2006 was 94.3%, well above the goal of 92.0%. Of the 29,530 monitored
departures,l,691 (or 5.7%) experienced delays. Key sources of delay included:
Road construction throughout the month on the Garden State Parkway and Atlantic City Expressway near the
Atlantic City Bus Terminal;
Gridlock conditions on Route 495 Eastbound and a breakdown on the outbound ramp near the Port Authority
Bus Terminal on April 14th;
Heavy rains and flooding near the Walter Rand Transportation Center on April 24th; and
An overturned truck on Route 3 East near the Port Authority Bus Terminal on April 28th.
The 12-month average for Bus On-Time Performance for May 2005
points above the average for the previous 12-month period.
C
- April 2006 was 91.9%, 0.5 percentage
3 7402
(NJT Board-5/9/06)
1
1
ON-TIME PEFORMANCE
BUS
1
1
% Buses Departing Major Terminals On Time
I
Port Authority Bus
Terminal
Newark Penn Station
Atlantic City Bus
Terminal
Walter Rand
Transportation Center
I
37403
(NJT Board-5/9/06)
NJ TRANSIT
ON-TIME PERFORMANCE
HUDSON-BERGEN LIGHT RAIL
MAY 2004 APRIL 2006
-
F
\
% Light Rail Vehicles Reported Within 5 Minutes of Schedule
100%
99%
98%
97%
96%
95%
94%
+&-
93%
5"0:7.235
-2004-2005
92%
L
May
Jun
Jul
Aug
Sep
April cornparison[
12-Month Average May
- co rill
Oct
Dec
Nov
2005
99.6%
2004-2005
99.2%
Jan
Feb
2006
98.8%
I
I
2005-2006
97.7%
Mar
Apr
I
# Change
-0.8%
# Change
-1.5%
Analysis:
Hudson-Bergen Light Rail (HBLR) On-Time Performance for April 2006 was 98.8%. Of the 16,618 scheduled
trips for the month, 208 (or 1.2%) were delayed. Causes of delay included:
A PSE&G power loss on April 5th;
Equipment failures on April 7th and 12th;
NJT Police action on April 18th; and
A problem with overhead wiring on April 27th.
The 12-month average for HBLR On-Time Performance for May 2005
percentage points below the average of the previous 12-month period.
- April 2006 was 97.7%, 1.5
(NJT 60ard-5/9/06)
NJ TRANSIT
ON-TIME PERFORMANCE
River LlNE
MAY 2004 APRIL 2006
-
r
% Light Rail Vehicles Reported Within 5 Minutes of Schedule
94.7%
94.7%
90.7%
-Li--.;-"
2cit*
-2004-2005
May
Jun
Jul
Aug
Sep
Oct
Dec
Nov
Feb
Jan
March
L
Apr
J
2005
April ~ o m ~ a r i s o n l 91.7%
12-Month Average May -
rill
2004-2005
95.0%
I
2006
99.2%
I
# Change
7.5%
I
2005-2006
95.5%
1
# Change
0.5%
r
Analysis:
River LlNE On-Time Performance for April 2006 was 99.2%, well above the performance achieved during the
same month one year previously. Of the 2,870 trips scheduled for the month, 23 (or 0.8%) were delayed. There
were no major causes for delay during the month, except for one instance of heavy street congestion in
Camden.
The 12-month average for River LlNE On-Time Performance for May 2005
increase from the performance of the previous 12-month period.
- April 2006 was 95.5%, a slight
ACTION ITEMS
(NJT Board-5/9/06)
ITEM 0605-27:
SOLUSINGLE
SOURCE
VENDORS
PURCHASE
OF
REPLACEMENT PARTS AND SERVICES (BUS, RAIL, AND
HEADQUARTERS)
BENEFITS
Materials and services which are available from only one source of supply are exempt from
competitive procurement under N.J.A.C. 16:72-1.5(d) and for the most part the vendors
have proprietary control over the manufacture of parts and components needed for NJ
TRANSIT equipment.
The need for NJ TRANSIT to exercise sole and single source authority relates to nongeneral areas of procurement. Specific areas include, but are not limited to, the following:
Replacement Parts from Original Equipment Manufacturers (OEMs)
These parts or components are needed to repair and maintain rolling stock equipment
specifically designed by the OEM manufacturer, where available technical data does not
assure that a part or component supplied by another vendor will adequately perform the
same function it replaces.
Anticipated major sole source vendors include Bombardier Transportation, Electro-Motive
Diesel (EMD), ALSTOM Transportation, WABCO, MCI Service Parts, Kinkisharyo,
NeoPlan and Prevost-Nova Bus.
Sole Supplier Services
Certain apparatus can only be serviced and/or tested by sole/single source vendors. For
example, Sperry Rail Services is the only industry recognized source capable of
simultaneously testing rail by induction and ultrasound methods. Systems America Inc. is
the only qualified source for the repair of Solari display units.
Rail Rolling Stock Brake Shoes
NJ TRANSIT operates approximately 1077 passenger rail cars and locomotives daily.
Brake shoes are replaced on all in-service equipment approximately every 20 days
depending on service demands and equipment cycling. The brake shoes are specialized
equipment and are available from one source of supply. Based upon past experience and
test results, these products alone have met the required acceptable stop distances, wheel
heat generation and acceptable shoe and wheel wear.
(NJT Board-5/9/06)
Additional Bus and Rail Requirements
Over the past years, the Board has authorized sole/single approved source contracts for
various materials and services. In each of the previous authorizations, the funding was
predicated upon the anticipated volume of sole source purchases. Staff has developed,
where feasible, specifications for several of the major components requiring heavy duty
electrical repairs and other items such as passenger car brake pads, non-revenue vehicle
repair services, train servicing, traction motor and gear unit repairs, etc.
A list of the sole/single source vendors is set forth in Exhibit A. The list is not inclusive but
represents the best compilation of suppliers known to be in this category. Exhibit A may be
revised by additions or deletions as needs change such as the delivery of new or
rehabilitated equipment, extension of existing projects or services, warranty requirements,
etc.
PURPOSE
The operation and maintenance of NJ TRANSIT Bus, Rail and Headquarters requires the
purchase of maintenance spares, services, modifications, upgrades and other programs,
which can only be obtained from approved sole and single sources.
ACTION
Staff requests authorization to enter into sole or single source procurement-by-exception
contracts for the purchase of materials and services from approved vendors set forth in
Exhibit A (subject to adjustments), to support Bus, Rail, Light Rail and Headquarters
operations at a cost not to exceed $22,000,000. This request will cover a 12-month period.
All items or services purchased on a sole/single source basis will be subject to price or
cost analysis to ensure the reasonableness of the prices provided.
This item has been reviewed and recommended by the Board Administration Committee.
FISCAL IMPACTS:
Requested Authorization:
$22,000,000
Total Project Cost:
$22,000,000
Projected Date of Completion:
June 30,2007
Anticipated Source of Funds:
FY2007 Operating Budget
Capital Budgets
DBE Goals:
N/A
Related Authorization:
N/A
(NJT Board-5/9/06)
RESOLUTION
WHEREAS, NJ TRANSIT requires maintenance items
and services to support the operation of various major
equipment; and
WHEREAS, it is necessary to obtain these required
maintenance items and services from sole or single sources;
and
WHEREAS, pursuant to N.J.A.C. 16:72 competitive
procurement requirements may be waived in instances where
only one source of supply is available;
NOW, THEREFORE, BE IT RESOLVED, that the
Chairman or Executive Director is authorized to enter into
solelsingle source, procurement-by-exception,contracts for the
purchase of parts and services from approved solelsingle
source vendors set forth in Exhibit A (subject to adjustments),
at a total cost not to exceed $22,000,000 for the period July 1,
2006 to June 30, 2007, subject to the availability of funds.
(NJT Board-5/9/06)
EXHIBIT A
SOLE SOURCEISINGLE SOURCE VENDORS NJ TRANSIT
FY 2007
VENDOR NAME
CITY
ST
NJ
NJ
PA
MO
IL
IL
IL
NY
PA
NJ
NY
NJ
NJ
NJ
NY
IL
NY
PA
IL
NJ
PA
AR
OH
TX
TX
NY
QE
FL
X
SBEIDBE
NJ TRANSIT RAIL
Edison
ABB c/o Burgoyne Sales
Greensburg
ABB Power T&D(Breakers)
St Louis
ABB Power T&D(Transfrms)
Lombard
ABC-NACO
Downers Grove
ABC-NACO
Forrest Park
Abell-Howe Co
New York
ABM-American Building Maint
State College
Accu-Weather
Princeton
ADT Security Systems
Mattituck
Advanced Track Products
No Brunswick
AFA Protective Systems
Mountainside
Air Con Inc
Lyndhurst
Almex Div-Metric Group
Rochester
Alstom Signaling (GRS)
Lisle
Alstom Transport Service NA
Alstom USA, Inc.-Transortation Hornell
Philadelphia
AMTRAK
Park Ridge
Anchor Brake Shoe Co
Cranbury
Anixter Inc
Bethlehem
AREVA T&D, Inc.
Arkansas Industrial Computing Sherwood
Cleveland
Avtron Manufacturing
Dallas
AVO Multiamp Corp./Megger
Wichita
Falls
ABB Control Inc.
Newburgh
Amcrete Products
Windsor
Baultar Inc.
Boca Raton
Boca Systems
Ontario, Canada
Bombardier IncIAftermarket
Pittsburgh
BombardierIDaimler-Chrys
Columbus
Buckeye Steel
Burro Crane Div Badger
Baltimore
Better Engineering
Laval, Quebec
Camfil Farr Inc
Boonton
Carbone of America
X
SBE
X
X
X
X
SBE
(NJT Board-5/9/06)
Cembre Inc
Century Petroleum
C-K Composites
CMI-Promex
Computerized Display Svs
Contemporary MachineTool
Cooper Electric Generator
CR Quality Services Inc
Cubic Transp Systems
Cummins Metropower
Cummins Power Systems
Cleveland Price
Concord Communications
Design Dimensions
Digital Printing Systems
Dynatec Inc
Deer Park Natural Spring Water
Electrocube, Inc.
EB Rebosio S.R.L.
Faiveley Rail
Ferraz Shawmut Inc
Flakt Fan Group
Flender Corporation
Freedom Machine
Freudenberg Building Systems
GE Transp Global Signals
Gar-Ren Tool & Machine Co
Gardner Denver Machinery
GE Transp Global Signals
GE Transportation PartsIEng
General Electric Co
General Electric Energy
Globe Ticket & Label
Globe Transportation Graphics
Gough & Associates, Inc
Green Vest
G roupe Te kdata
Graybar Electric Company
Graham White Sales Corp.
Hegenscheidt Corp.
Hi Tran Corporation
Honeywell (Electro)
Honeywell, Inc
Hudson Machine Works
HARSCO Track Technologies
Hirail Corporation
Edison
Farmingdale
Mt Pleasant
Fredericktown
New York
Flagler Beach
Neptune
Gap
Tullahoma
Newark
Bristol
Trafford
Marlboro
Austin
Azusa
Burlington
Raynham
Monrovia
Greensburg
Exton
Newburyport
Niles
Elgin
Holmes
Lawrence
Hingham
Prospect Park
Quincy
Grain Valley
Latham
North Bergen
Philadelphia
Warminster
Baltimore
Orlando
Cherry Hill
Quebec, Canada
Parsippany
Salem
Sterling Heights
Flemington
Sarasota
Marlton
Brewster
W.Columbia
Lisbon
X
X
SBE
X
X
MBE
SBE
X
SBE
X
SBE
(NJT Board-5/9/06)
Henkels & McKoy
IMPulse NC
Ingersoll-Rand Air Center
Ingersoll-Rand Air Center
lnfiltek
Industrial Controls
J Harold Kelly Assoc
Jala Equipment Co
Jamaica Bearings
JMA Rail Products
Johnson Controls Inc
J T. Nelson Company
Kim Hotstart Mfg. Co.
Kershaw Manufacturing Co
Knorr Brake CorpINYAB
Kupltec Corp
Lapp Insulator
Liebert Global
Loram Maintenance of Way
Luminator/Gulton Inc
LTK Engineering Services, Inc.
Magic Ram Inc
Magnadata USA
Mateson Chemical Co
Matrix Information Consulting
Matrix Railway Corp
Microphor lnc
Mllennium Communications
Moore Wallace NA
Mors Technologies
Motion lndustries
National Railway Supply
NJC Enterprises
On Site Energy Co.
Orgo-Thermit Inc
OK Electric
Online Ink Ltd.
PACS lndustries Inc
Pandrol USA
Plasser American
Pocatec Ltee
Power Parts-GE
Propellex Corporation
Quantum Engineering Inc
Radlinski & Associates
Rail Systems Inc
York
Mt Olive
Aston
Edison
Mississauga
Wanamassa
Marietta
Ft Lauderdale
New Hyde Park
Carol Stream
Union
Louisville
Spokane
Montgomery
Westminster
Branford
Syracuse
Westerville
Hamel
Plano
Ambler
Los Angeles
Toms River
Philadelphia
Rochelle Park
West Babylon
Willits
East Hanover
Edison
Quebec, Canada
Elizabeth
Savannah
Little Egg Harbor
Hillside
Lakehurst
Perth Amboy
Washington Twp
Great Neck
Bridgeport
Chesapeake
La Pocatierre
Hanover Park
Edwardsville
Orange Park
East Liberty
Houna
PA
NC
PA
NJ
ONT
NJ
GA
FL
NY
IL
NJ
KY
WA
AL
MD
CT
NY
OH
MN
TX
PA
CA
NJ
PA
NJ
NY
CA
NJ
NJ
NJ
GA
NJ
NJ
NJ
NJ
NJ
NY
NJ
VA
CN
IL
IL
FL
OH
LA
X
X
SBE
X
SBE
X
SBE
X
WBE
SBE
X
X
X
X
X
X
X
SBE
(NJT Board-5/9/06)
Rail Transit Consultants Inc
Railroad Friction Prod
Rails Company
Railway Equipment Co
Robinette, Inc.
Rotary Lift
RTR Technologies
RAM Motors & Controls
Rail Products International
S & A Systems Inc
S.A.R. Automotive Equipt
Safetran Systems
SAFT Nife Inc
Schunk Graphite Technology
Sherman & Reilly
Siemens Building Tech.
Simmons Machine Tool Corp.
Permadur/Sissco Material
Skycomp Corporation
SMC Electrical Products
Smith Systems Inc
Sperry Rail Service
Star Machine & Tool
Stavola Construction Materials
Sternberg Vintage Lighting
Systra Consulting
S.D. Myers, Inc.
Simplex Grinnell
Supply Chain Integration
Snyder Equipment Company
Tampa Electric
Techologies LBBA
Tennant Sales & Service
ThyssenKrupp Elevator
Transcon Inc
Transmatic Inc
Transportation Technology
Transtech of SC
Transtechnik Corp USA
TTA Systems, LLC
Turtle & Hughes
TVSS Inc
Union Switch & Signal
United Knitting Machine
Univeristy of Minnesota
Utilcom Inc
Penn
Laurinburg
Maplewood
Delanao
Medina
Madison
Stockbridge
Harrisburg
Columbus
Rockwall
Collingswood
Louisville
Cockeysville
Menimonee Falls
Chattanooga
Pine Brook
Albany
Hillsborough
Columbia
Barboursville
Brevard
Danbury
Minneapolis
Bound Brook
Niles
Lebanon
Tallmadge
Rockaway
Camden
Nixa
Tampa
Quebec
Minneapolis
Cranford
Mentor
Wilmington
Yonkers
Piedmont
Mahwah
Bath
Bridgewater
Apalachin
Batesburg
Kulpsville
Minneapolis
Eatontown
SBE
SBE
SBE
SBE
SBE
SBE
SBE
SBE
MBE
(NJT Board-5/9/06)
Vapor Rail (CANADA)
Vericom Computers
WABTEC Global Services
WABCO Locomotive Products
WABCO Passenger Transit
WABTEC RailwayElectronic
Westcode Inc
Whitehurst & Associates
Windsor Fireform
Whiting Corp.
Western Cullen Hayes
Quebec, Canada
Rogers
Columbia
Wilmerding
Spartanburg
Germantown
West Chester
Cockeysville,
Tumwater
Monee
Chicago
NJ TRANSIT BUS
AFA Protective Systems
Atlantic Detroit Diesel
B & R Manufacturing Inc
Bergen Auto Upholstery
Bigler Assoc
Clever Devices
Cubic Transp Systems
Cummins Metropower
Dialight
Digital Printing Systems
DVL Automation
Dynatec Inc
Deer Park Natural Spring Water
Exxon Mobil Oil Corp
Foley
Gough & Associates
Hanover Company
Honeywell Inc
110 Controls Corp
Ingersoll-Rand Air Center
Ingersoll-RandINorthland
Ingersol-Rand Air Center
Jala Equipment Co
JBI Spray Booth Supply
Johnson & Towers
Jasper Engines & Trans
Laird Plastics
Liebert Global
Luminator Div Gulton Ind
Lift-U-lnc.
Lincoln Service & Equipment
MCI Service Parts
No Brunswick
Lodi
Elkhart
So Hackensack
Toms River
Syosset
New York
Newark
Farmingdale
Azusa
Bristol
Burlington
Raynham
Philadelphia
Piscataway
Orlando
Broken Arrow
Marlton
Plano
Aston
East Hanover
Edison
Ft Lauderdale
Osseo
Mt Laurel
Jasper
Brooklyn
Westerville
Plano
Escalon
Durham
Schaumburg
X
X
SBE
X
X
MBE
X
SBE
SBE
Moore Wallace NA
Muncie Reclamation Supply
NCR
Neopart
North American Fabrics
Precision Transmission
Prevost-Novabus Parts
Recaro North America
S.A.R. Automotive Equipt
Scantron Corp
Siemens Building Tech.
Tennant Sales & Service Co.
Thermo King East Inc
Transmark
Transmatic
USSC Group
Veeder Root Co
Vericom Computers
Volvo GM Heavy Truck
Wayfarer Transit Systems
ZF Industries
Edison
Muncie
Essex Fells
Honeybrook
Wyomissing
Colmar
Elgin
Auburn Hills
Collingswood
Tustin
Pine Brook
Minneapolis
Carlstadt
Boulder
Waterford
King of Prussia
Simsbury
Minnetonka
Chesapeake
Elizabeth
Vernon Hills
NJ
IN
NJ
PA
PA
PA
IL
MI
NJ
CA
NJ
MN
NJ
CO
MI
PA
X
X
SBE
X
X
X
SBE
3741 5
(NJT Board-5/9/06)
ITEM 0605-28:
AMENDMENT TO THE REHABILITATION AND REPAIR TO
ROSEVILLE CUT NORTH RETAINING WALL, MORRIS & ESSEX
LINES, NEWARK, NJ
BENEFITS
NJ TRANSIT is responsible for maintaining the infrastructure to guarantee reliable
service throughout its system. Merco, Inc. of Lebanon, NJ, is performing ongoing
rehabilitation and repair of the North Retaining Wall of the Roseville Cut on the Morris &
Essex Lines in Newark, NJ. This effort will improve the structural integrity and reliability
of the wall and allow for increased on-time performance. This renewal will significantly
reduce the number of periodic track outages required to inspect and maintain the
deteriorated wall and utility lines.
PURPOSE
Authorization of this amendment will allow for full repair and rehabilitation of the North
Retaining Wall. The wall was constructed in the early 1900s and is currently
undergoing significant repair due to serious concrete deterioration. Performing the
additional work will allow NJ TRANSIT to fully repair the North Retaining Wall in the
most cost-effective manner.
As work has progressed on the North Retaining Wall, additional areas of concrete repair
have been discovered. Utilizing the contractor on site and the existing track outage
provides the most efficient and economical means for NJ TRANSIT to perform the
additional work.
This work is being performed in conjunction with the planned track outages for the
Newark Broad Street Station Americans With Disabilities Act (ADA) Compliance Project
(NJ TRANSIT Contract 02-102), which will allow NJ TRANSIT a maximum return on its
investment.
ACTION (Justification: State-of-Good-Repair)
Staff seeks authorization to amend Contract No. 05-038 with Merco, Inc., of Lebanon,
NJ, for additional rehabilitation and repair of the North Retaining Wall of the Roseville
Cut, at a cost not to exceed $1,700,000 plus five percent for contingencies at a total
cost not to exceed $5,482,408, subject to the availability of funds.
This item has been reviewed and recommended by the Board Capital Planning, Policy
and Privatization Committee.
FISCAL IMPACTS
Requested Authorization:
$1,700,000 + 5% contingency
(NJT Board-5/9/06)
Total Project Cost:
$7,000,000
Projected Date of Completion:
December 2006
Anticipated Source of Funds:
TTF FY06
DBE Goal:
RelatedIFuture Authorizations:
15%
FY-06, FY-07 funding for repair of Roseville
South Wall
RESOLUTION
WHEREAS, NJ TRANSIT is responsible for
maintaining the Right-of-way on the Morris & Essex Lines in
the City of Newark, NJ; and
WHEREAS, the rehabilitation of the North Retaining
Wall within the Roseville Cut is underway; and
WHEREAS, additional work has been identified in the
walls that can be most efficiently repaired by the contractor
on site; and
WHEREAS, the opportunity to perform this additional
rehabilitation work while making use of track outages
scheduled for the Newark Broad Street Station Americans
With Disabilities Act (ADA) Project exists;
NOW, THEREFORE, BE IT RESOLVED that the
Chairman or Executive Director is authorized to amend
Contract No. 05-038 with Merco, Inc., of Lebanon, NJ, for
additional rehabilitation and repair of the North Retaining
Wall of the Roseville Cut, at a cost not to exceed $1,700,000
plus five percent for contingencies, at a total cost not to
exceed $5,482,408, subject to the availability of funds.
(NJT Board-5/9/06)
CONSENT CALENDAR
37419
(NJT Board-5/9/06)
ITEM 0605-29:
AMENDMENT TO ATLANTIC CITY RAIL TERMINAL SHUTTLE
SERVICE AGREEMENT
BENEFITS
Atlantic City Rail Line riders rely on connecting shuttle bus service between various
hotel and casino locations and the Atlantic City Rail Terminal and Convention Center.
The Atlantic City Jitney Association (ACJA) has provided the shuttle service under
contract with NJ TRANSIT since July 1998. Continuation of this service is important to
Atlantic City Rail Line riders and to the Atlantic City community.
PURPOSE
Authorization will continue operation of the Atlantic City Rail Terminal shuttle service
past June 30, 2006 when the current agreement with ACJA expires. The shuttle
service meets each arriving and departing train and operates 23 hours per day and
365 days per year. This extension will provide time for staff to evaluate other options
for providing this service and whether the service might be operated more
economically based on competitive procurement.
ACTION (Justification: Cost Efficiencies)
Staff seeks authorization to extend the existing agreement with the Atlantic City Jitney
Association for the operation of Atlantic City Rail Terminal shuttle service for six
months, from July 1, 2006 through December 31, 2006, at a total cost not to exceed
$788,250, plus five percent for contingencies.
This item has been reviewed and recommended by the Board Administration
Committee.
FISCAL IMPACTS
Requested Authorization:
$788,250 (6-month operations), plus 5% for
contingencies
Total Project Cost:
N/A
Projected Date of Completion:
December 31,2006
Anticipated Source of funds:
Fiscal Year 2007 Operating Budget
DBE GoalsIParticipation:
NIA
RelatedIFuture Authorizations:
N/A
Impact on Subsequent
Operation Budgets:
None
(NJT Board-5/9/06)
RESOLUTION
WHEREAS, the Atlantic City Jitney Association
(ACJA) has provided shuttle bus service between various
hotel and casino locations in Atlantic City and the Atlantic
City Rail Terminal and Convention Center since July 1998;
and
WHEREAS, NJ TRANSIT recognizes that the
Atlantic City community and Atlantic City Rail Line riders
benefit from the rail terminal shuttle service; and
WHEREAS, an extension of the current agreement
with ACJA will provide time for staff to evaluate other
options for providing this service and whether the service
might be operated more economically based on
competitive procurement;
NOW, THEREFORE, BE IT RESOLVED that the
Chairman or Executive Director is hereby authorized to
execute all agreements and to take other actions
necessary consistent with this Board action to extend the
current contract with the Atlantic City Jitney Association for
the operation of the Atlantic City Rail Terminal shuttle
service for six months, at a cost not to exceed $788,250,
plus five percent for contingencies, subject to the
availability of funds.
ITEM 0605-30:
REGULATION: RE-ADOPTION WITH AMENDMENTS OF
N.J.A.C. 16:72 PROCUREMENT POLICIES AND PROCEDURES
BENEFITS
The re-adoption with amendments of N.J.A.C. 16:72, Procurement Policies and
Procedures, will allow NJ TRANSIT to continue to provide statewide transit services to
the public on a daily basis and support NJ TRANSIT'S capital improvement program,
resulting in a better quality of services to the public and the improvement and
maintenance of the infrastructure for the public's use in the future. The procedures
delineated in the rules provide protection of the interest of the general public and of the
potential vendors/contractors.
PURPOSE
In accordance with Executive Order No. 66 (1978), N.J.A.C. 16:72, Procurement
Policies and Procedures, is scheduled to expire November 10, 2006 (Exhibit A).
N.J.A.C. 16:72 contains the requirements governing NJ TRANSIT'S procurement of
goods and services, as well as the debarment, suspension and disqualification of a
person from doing business with NJ TRANSIT.
The proposed amendments update the bidding threshold to comply with N.J.S.A. 52:347 and add non-compliance with the material requirements of New Jersey Small
Business Enterprise program as a ground for bid rejection. The proposed amendments
ensure that the rules comply with existing legislation and programs that promote small
business participation in NJ TRANSIT procurements.
The proposed amendments were published in the New Jersey Register on
December 19, 2005 (Exhibit B) and are described in the summary (Exhibit C). The
comment period expired February 17, 2006, and no comments were received.
ACTION
Staff seeks authorization to take all actions necessary to adopt with amendments the
regulations, N.J.A.C. 16:72 et seq., Procurement Policies and Procedures, consistent
with this Board item and exhibits, put the regulations in the appropriate format and take
all other actions necessary to effectuate the final adoption and promulgation of NJ
TRANSIT'S Procurement Policies and Procedures.
This item has been reviewed and recommended by the Board Administration
Committee.
(NJT Board-5/9/06)
FISCAL IMPACTS
Requested Authorization:
Adopt the regulations N.J.A.C. 16:72 et seq.
Procurement Policies and Procedures
Total Project Cost:
NIA
Projected Date of Completion:
NIA
Anticipated Source of Funds:
NIA
DBE Goal:
NIA - No goods or services to be procured.
Related /Future Authorizations:
NIA
Impacts on Subsequent
Operating Budgets:
(NJT Board-5/9/06)
RESOLUTION
WHEREAS, staff seeks authorization to take all
actions necessary to adopt the regulations N.J.A.C. 16:72 et
seq., Procurement Policies and Procedures; and
WHEREAS, in accordance with Executive Order No.
66 (1978), the rules at N.J.A.C. 16:72 will expire
November 10,2006 (Exhibit A); and
WHEREAS, the re-adoption with amendments of the
Procurement Policies and Procedures will allow NJ
TRANSIT to continue to provide statewide transit services to
the public on a daily basis and support NJ TRANSIT'S capital
improvement program, resulting in a better quality of
services to the public and the improvement and maintenance
of the infrastructure for the public's use in the future. The
procedures delineated in the rules provide protection of the
interest of the general public and of the potential
vendors/contractors; and
WHEREAS, the proposed amendments ensure that
the rules comply with existing legislation and programs that
promote small business participation in NJ TRANSIT
procurements; and
WHEREAS, the proposed amendments were
published in the New Jersey Register on December 19,2005
(Exhibit B) and are described in the summary (Exhibit C).
The comment period expired February 17, 2006 and no
comments were received;
NOW, THEREFORE, BE IT RESOLVED that the
Chairman or Executive Director or his designee is hereby
authorized to take all actions necessary to adopt
N.J.A.C. 16:72 et seq. consistent with this Board item and
exhibits, put the regulations in the appropriate format, and to
take all other actions necessary to effectuate the final
adoption and promulgation of NJ TRANSIT'S Procurement
Policies and Procedures.
3 7424
EXHIBIT A
(NJT Board-5/9/06)
T R U S I T PROCLREMENT POLICIES & PROCEDURES
CHAPTER 72
NEW JERSEY TRAYSIT PROCURE~VIENT
POLICIES
AND PROCEDURES
Authority
N.J.S.A. 272.5-5(e), 27:25-11,2A:44-143,49 U.S.C.
$6 5301 et seq. and 49 CFR Part 18.
Source and Effective Date
R.2001 d. 191, effective May 14,2001.
See: 33 N.1.R 987(a), 33 N.J.R 1924(b).
16:72-1.2
16:72-2.9
16:72-2.10
16:72-2.11
16:72-2.12
16:72-2.13
16:72-2.14
16:72-2.15
16:72-2.16
16:72-2.17
16:72-2.18
16:72-2.19
16:72-2.20
16:72-2.21
Bid opening
Late bids
Responsive bids
Rejection of all bids
Rejection of individual bids
By-pass of low bidders
Mathematical calculations
Initialing of price changes
Waiver of minor informalities or irregularities in bids
Tie bids
Bid errors
Award
Procedures and forms
SUBCHAPTER 3. REQL'ESTS FOR PROPOSALS
Chapter Expiration Date
In accordance with N.J.S.A. 52:14B-5.lc, Chapter 72, New Jersey
Transit Procurement Policies and Procedures, expires on November 10,
2006. See: 37 N.J.R. 4902(a).
Chapter Historical Note
Chapter 72, New Jersey Transit Procurement Policies and Procedures,
was adopted as R.1981 d.176, effective June 4, 1981. See: 13 N J . R
I58(a), 13 NJ.R. 374(d).
Pursuant to Executive Order No. 66(1978), Chapter 72, New Jersey
Transit Procurement Policies and Procedures, was readopted as R1986
d.134, effective March 31, 1986. See: 18 N J . R 404(a), 18 N.J.R.
847(c).
Pursuant to Executive Order No. 66(1978), Chapter 72, New Jersey
Transit Procurement Policies and Procedures, was readopted as R1991
d.206, effective March 20, 1991. See: 23 N.J.R. 290(a), 23 N.JK
1148(b).
Pursuant to Executive Order No. 66(1978), Chapter 72, New Jersey
Transit Procurement Policies and Procedures, expired on March 20,
1996.
Chapter 72, New Jersey Transit Procurement Policies and Procedures,
was adopted as new rules by R.1996 d.239, effective May 20, 1996.
See: 28 N.J.R. 1358(b), 28 N.J.R. 2566(b).
Pursuant to Executive Order No. 66(1978), Chapter 72, New Jersey
Transit Procurement Policies and Procedures, was readopted as R.2001
d.191, effective May 14, 2001. See: Source and Effective Date. See,
also, section annotations.
CHAPTER TABLE OF CONTENTS
SUBCHAPTER 1. GENERAL PROVISIONS
1672-1.1 Source for public information
16:72-1.2 Definitions
16:72-1.3 Competition
16:72-1.4 Responsible contractors
16:72- 1.5 Methods of procurement
16:72-1.6 Records of procurement actions
16:72-1.7 Execution of contracts
16:72-1.8 Specifications
16:72-1.9 Purchase descriptions
16:72-1.10 Out-of-State vendors
16:72-1.11 (Reserved)
SUBCHAPTER 2. BIDDING PROCEDURES
16:72-2.1 Advertising of bids
16:72-2.2 Bid bonds
16:72-2.3 Performance and payment bonds
16:72-2.4 Pre-qualification of firms for capital projects
16:72-2.5 Amendment of Invitation for Bids
16:72-2.6 Cancellation of Lnvitations before opening
16:72-2.7 Time of bid submission
16:72-2.8 Receipt and safeguarding of bids
16:72-3.1
16:72-3.2
16:72-3.3
16:72-3.4
16:72-3.5
16:72-3.6
16:72-3.7
16:72-3.8
1672-3.9
16:72-3.10
16:72-3.11
16:72-3.12
16:72-3.13
16:72-3.14
Solicitation of proposals
Form of proposal
Amendment of request for proposals
Cancellation of requests before opening
Receipt and safeguarding of proposals
Late proposals
Evaluation of proposals
Negotiations
Rejection of all proposals
Rejection of individual proposals
Debriefing
Award
Procedures and forms
(Reserved)
SUBCHAPTER 4. DEBARMENT, SUSPENSION AW
DISQUALIFICATION OF PERSONS
16:72-4.1
16:72-4.2
16:72-4.3
1k72-4.4
1k72-4.5
16:72-4.6
16:72-4.7
16:72-4.8
16:72-4.9
16:72-4.10
16:72-4.11
Causes for debarment of a person(s)
Conditions affecting the debarment of a person(s)
Procedures, period of debarment, and scope
Causes for suspension of a person(s)
Conditions for suspension of a.person(s)
Procedures, period of suspension and scope of
suspension affecting the suspension of a person(s)
Disqualification of a person(s)
Extent of debarment, suspension or disqualification
Prior notice by NJ TRANSIT
List of debarred, suspended, or disqualified persons
Discretion
SUBCHAPTER 1. GENERAL PROVISIONS
16:72-1.1
Source f o r public information
T h e public may receive information concerning NJ
TRANSIT'S procurement program by contacting the
Procurement Department, N J TRANSIT, One P ~ MPlaza
East, Newark, N e w Jersey 07105-2246.
Amended by R1990 d.539, effective January 7,1991.
See: 22 N.J.R 2460(a), 23 N.J.R. 119(b).
Text on description of organization deleted; text on source for public
information recodified from section 1.2.
Amended by R 1994 621 1, effective May 2,1994.
See: 26 N.J.R. 908(b), 26 N.J.R 1842(a).
16:72-1.2
Definitions
The following words and terms, when used in this chapter,
shall have the following meanings unless the context clearly
indicates otherwise:
DEPT. OF TRAYSPORTATION
"Affiliates" means persons having an overt or covert
relationship such that any one of them directly or indirectly
controls or has the power to control another.
"Bid security" means a guarantee, in the form of a bond or
deposit consisting of a cashier's check, certified check or
irrevocable letter of credit that the bidder, if selected, will
accept the contract as bid; otherwise, the bidder or its
guarantor will be liable for the amount of the loss suffered by
NJ TRAiYSIT, which loss may be partially or completely
recovered by NJ TRANSIT in exercising its rights against the
bond or deposit.
"Contracting" means any arrangement giving rise to an
obligation to supply anythmg or perform any service for NJ
TRANSIT, other than by virtue of employment, or to supply
anyhng to or perform any service for a private or public
person where NJ TRANSIT provides substantial financial
assistance and retains the right to approve or disapprove the
nature or quality of the goods or services or the persons who
may supply or perform the same.
"Days" means calendar days unless otherwise specified.
''Debarment" means an exclusion fiom NJ TRANSIT
contracting, on the basis of a lack of responsibility evidenced
by an offense, failure, or inadequacy of performance, for a
reasonable period of time commensurate with the seriousness
of the offense, failure, or inadequacy of performance.
"Disqualification" means a debarment or suspension which
denies or revokes a qualification to bid or otherwise engage in
NJ TRANSIT contracting which has been granted or applied
for pursuant to statute, or rules and regulations.
"Line item" means a procurement item specified in the
Invitation for Bids for which the bidder is asked to give
individual pricing information.
"NJ TRANSIT means the New Jersey Transit Corporation
which was established by N.J.S.A. 27:25-1 et seq. and its
subsidiaries.
"Payment bond" means a guarantee in the form of a bond
that the vendor will pay all of its obligations to its
subcontractors and suppliers and that NJ TRANSIT
subcontractors and suppliers will be protected fiom loss in the
event that the vendor fails to make payment as agreed.
"Performance bond" means a guarantee, provided prior to
execution of a contract, in the form of a bond that the
successful bidder will complete the contract as agreed and
that NJ TRANSIT will be protected fiom loss in the event the
vendor fails to complete the contract as agreed.
"Person" means any natural person, company, h,
association, corporation, or other entity.
"Procurement" means the awarding of contracts for
construction, alterations, supplies, equipment, repairs or
maintenance, or for rendering any services to NJ TRANSIT.
"Suspension" means an exclusion from NJ TRANSIT
contracting for a temporary period of time, pending the
completion of an investigation or legal proceedings.
"Term contract" means a contract in which a source or
sources of supply are established for a specified period of
time, usually characterized by an estimated or definite
minimum quantity, with the possibility of additional
requirements beyond the minimum, all at a predetermined
unit price.
"Vendor" means any person, firm,corporation, or other
entity which provides or offers or proposes to provide goods
or services to or perform any contract for NJ TRANSIT.
Amended by R 1990 d.539, effective January 7, 1991.
See: 22 N.J.R. 2460(a), 23 N.J.R. 119@).
Text on source for public information recodified to section 1.1;
dehitions recodified from section 1.3, with "Director" and "Division"
deleted and "Payment bond" and "Vendor" added.
Amended by R1994 d.211, effective May 2, 1994.
See: 26 N.J.R. 908(b), 26 N.J.R. 1842(a).
Amended by R.1996 d.239, effective May 20,1996.
See: 28 N.J.R. 1358@),28 N.J.R. 2566(b).
16:72-1.3
Competition
All purchases, whether by formal advertising or otherwise,
shall be made on a competitive basis to the maximum
practicable extent.
Amended by R1990 d.539, effective January 7,1991.
See: 22 N.J.R 2460(a), 23 N.J.R 119(b).
Definitions recodified to section 1.2; text on competition recodified
fiom section 1.4.
16:72-1.4 Responsible contractors
(a) Procurement shall be made fiom, and contracts shall be
awarded to, responsible contractors only. A responsible
contractor is one who meets the following standards:
1. Has adequate financial resources, or the presently
certifiable ability to obtain such resources as required
during the performance of the contract, if adequate security
is not otherwise h i s h e d ;
2. Is able to comply with the required or proposed
delivery or performance schedule;
3. Has a satisfactory record of performance or the
equivalent;
4. Has a satisfactory record or reputation of integrity;
5. Is otherwise qualified and eligible to receive an
award under applicable laws and regulations;
6. Has the necessary organization, experience,
operational controls and technical skills, or the ability to
obtain them; and
7. Has the necessary production, construction and
technical equipment and facilities, or the ability to obtain
them.
( b ) N J TRANSIT shall establish procedures for
determining whether a prospective contractor has met the
standards of a responsible contractor.
(c) A prospective contractor shall be deemed not
responsible with respect to a specific matter for which bids
3 7426
(NJT Board-5/9/06)
TRbYSIT PROCUREMENT POLICIES & PROCEDURES
are solicited when NJ TRAiiSIT has previously held it in
default on a contract for that matter.
(d) All contractors must be authorized to do business in the
State of New Jersey.
(e) Disclosure shall be made by all prospective contractors
of names and addresses of all stockholders and/or partners
holding 10 percent or more interest in the h.
h e n d e d by R 1990 d.539, effective January 7, 1991.
See: 22 NJ.R 2460(a), 23 N.J.R. 119@).
Text on competition recodified to section 1.3; text on responsible
contractors recodified &om section 1.5.
16:72-1.5 Methods of procurement
(a) Invitation for bid: Except as provided in (c) and (d)
below, the formal advertising procedures contained in
N.J.A.C. 16:72-2 shall be followed for all purchases or
contracts in excess of the amounts determined pursuant to
Section 2 of P.L. 1954, c.48 (N.J.S.A. 52:34-7).
(b) Quotation: Except as provided in (c) and (d) below,
purchases or contracts not in excess of the amounts
determined pursuant to Section 2 of P.L. 1954, c.48 (N.J.S.A.
52:34-7) shall be made:
1. For purchases up to and including $5,000minimum of one quote;
2. For purchases from $5,001 up to and including
$15,000-minimum of two verbal quotes; and
3. For purchases fiom $15,001 up to $25,000minimum of two written quotes.
(c) Request for proposals/negotiations: The procurement
of professional and technical services in excess of the
amounts determined pursuant to Section 2 of P.L. 1954, c.48
(N.J.S.A. 52:34-7) shall be accomplished through the
issuance of a request for proposal to a minimum of three
vendors and subsequent negotiation, except where determined
by the Executive Director or his or her designee, in writing,
that an alternative method of procurement is in NJ
TRANSIT's best interest.
(d) Procurement-by-exception:
The requirements of (a),
(b) and (c) above may be waived under the following
circumstances:
1. The acquisition of public or private entities engaged
in the provision of public transportation service, used
public tiasportation equipment or existing public
transportation facilities or rights of way;
16:72-1.5
administration of NJ TRANSIT's business in accordance
with appropriations made therefor when moneys are
required for the acquisition;
5. The procurement of supplies or services for which
the bid prices after advertising therefor are not reasonable
or have not been independently arrived at in open
competition, provided that no negotiated purchase,
contract, or agreement may be entered into under this
paragraph after the rejection of all bids received unless:
i. Notification of the intention to negotiate and
reasonable opportunity to negotiate shall have been
given by NJ TRANSIT to each responsible bidder;
ii. The negotiated price is lower than the lowest
rejected bid price of a responsible bidder; and
iii. Such negotiated price is the lowest negotiated
price offered by any responsible supplier.
6. The purchase is to be made from, or the contract to be
made with, the Federal or any State government or any
agency or political subdivision thereof;
7. The public exigency requires the immediate delivery
of the articles or performance of the service;
8. Only one source of supply is available;
9. More favorable terms can be obtained from a
primary source of supply;
10. Articles of wearing apparel are to be purchased
which are styled or seasonal in character;
11. Commodities traded on a national commodity
exchange are to be purchased and fluctuations of the
market require immediate action;
12. The equipment to be purchased is of a technical
nature and the procurement thereof without advertising is
necessary in order to assure standardization of equipment
and interchangeability of parts in the public interest;
13. The procurement of services to be performed by the
contractor personally under the supervision of the
Executive Director, or his or her designee, and paid for on
a time basis; and
14. To acquire or overhaul motorbuses, light rail
vehicles, rail cars, locomotives, signaI systems or fare
collection systems.
3. The leasing of such office space, office machinery,
specialized equipment, buildings or real property as may be
required for the conduct of NJ TRANSIT's business;
(e) Authority for procurement-by-exception: The authority
for procurement under the circumstances listed above rests
with the Executive Director for procurement transactions not
in excess of the amounts determined pursuant to Section 2 of
P.L. 1954, c.48 (N.J.S.A. 52:34-7). Transactions in excess of
the amounts determined pursuant to Section 2 of P.L. 1954,
c.48 (N.J.S.A. 52:34-7) will require approval as may be set
forth in the By-Laws of NJ TRANSIT.
4. The acquisition of any real property by g& grant,
purchase or any other lawful manner in the name of and for
the use of NJ TRANSIT for the purpose of the
(f) Fragmentation of requirements:
NJ TRANSIT's
purchase requirements shall not be split into parts for the
purpose of avoiding the provisions of (a), @), or (c).
2. The purchase of perishable foods or subsistence
supplies;
16:72-1.5
Amended by R1986 d.2, effective February 3, 1986.
See: 17 NJ.R 2867(a), 18 N.3.R 308(c).
(b): "500.00" changed to "$2,000" and "S2,OOO" changed to
"$5,000."
Amended by R 1990 d.539, effective January 7, 1991.
See: 22 N.J.R. 2460(a), 23 N.J.R 119@).
Text on responsible contractors recodified to section 1.4; text on
methods of procurement recodified from section 1.6; with alternative
procurement provisions added.
Amended by R1994 d.211, effective May 2, 1994.
See: 26 N.J.R 908(b), 26 N.3.R 1842(a).
Amended by R.1996 d.546, effective December 2,1996.
See: 28 N.3.R 4181(a), 28 N.J.R. 50781b).
Amended by R.2001 'd138, effective an"& 16,2001.
See: 32 NJ.R 3751(a), 33 N.J.R. 285(a).
Rewrote (b).
16:72-1.6
Records of procurement actions
In all procurement actions, each purchase order or contract
file shall be supported by documentation of actions taken
with respect to the procurement, including final disposition,
sufficient to constitute a full history of the transactions.
Records on bids and proposals shall be maintained for a
period of seven years.
Recodified by R 1991 d.539, effective January 7, 1991.
See: 22 N.J.R 2460(a), 23 N.J.R. 119(b).
Text on methods of procurement recodified to section 1.5; text on
records of procurement actions recodified from section 1.7.
16:72-1.7
Execution of contracts
Any contract or instrument shall be deemed properly
executed when signed by the Executive Director of NJ
TRANSIT or his designee. No contract or purchase order
shall be entered into unless all applicable requirements of law
and these regulations have been met, and the approval of the
Board of NJ TRANSIT obtained when required.
Recodified by R.1991 d.539, effective January 7, 1991.
See: 22 N.J.R. 2460(a), 23 N.J.R. 119(b).
Text on records of procurement actions recodified to section 1.6; text
on execution of contracts recodified from section 1.8.
16:72-1.8
Specifications
Plans, drawings, or specifications shall state only the actual
minimum needs of NJ TRANSIT and descnie the work to be
performed in a manner which encourages maximum
competition and eliminates, insofar as possible, any
restrictive features which might limit acceptable offers to a
relatively few bidders. Specifications, plans and drawings
without reference to brand names or items manufactured by a
single company shall be used to the maximum extent
possible.
Amended by R1990 6539, effective January 7, 1991.
See: 22 N3.R 2460(a), 23 NJ.R 119(b).
Text on specifications recodijied &om section 1.9, with stylistic
changes.
16:72-1.9
37427
(NJT Board-5/9/06)
Purchase descriptions
(a) A purchase description may be used in lieu of a
specification, where the use of a specification is not feasible.
DEPT. OF TRLYSPORTATION
1. A purchase description should set forth the essential
characteristics and functions of the item or materials
required.
2. Purchase descriptions shall not be written so as to
speclfy a product, or a particular feature of a product,
peculiar to one manufacturer, unless it is determined that
the particular feature is essential to NJ TRAlUSIT's
requirements, and that similar products of other companies
lacking the particular feature would not meet the minimum
requirements for the item.
3. Generally, the minimum acceptable purchase
description is the identification of a requirement by use of a
brand name followed by the words "or equal".
i. Where a "brand name or equal" purchase
description is used, prospective contractors must be
given the opportunity to offer products other than those
specifically referenced by brand name if such other
products will meet the needs of NJ TRANSIT in
essentially the same manner as those referenced.
Amended by R1990 6539, effective January 7,1991.
See: 22 N.J.R 2460(a), 23 N.J.R. 119(b).
Text on specifications recodified to section 1.8; text on purchase
descriptions recodified from section 1.10.
16:72-1.10
Out-of-State vendors
All out-of-State corporations that wish to do business with
NJ TRANSIT shall be afforded seven days to register with
the Secretary of State of New Jersey, after notification by NJ
TRANSIT of the intent to award that out-of-State firm a
contract. Failure to provide either certification or notification
of filing with the Secretary of State within the seven-day
period may constitute cause for rejection of that firm's bid or
proposal.
Recodified by R1991 d.539, effective January 7, 1991.
See: 22 N.J.R 2460(a), 23 N.J.R. 119(b).
Text on purchase descriptions recodified to section 1.9; text on outof-State vendors recodified from section 1.1 1.
16:72-1.11
(Reserved)
Recodified by R.1991 d.539, effective January 7,1991.
See: 22 N.3.R 2460(a), 23 N.J.R. 119@).
Text on out-of-State vendors recodified to section 1.10.
SUBCHAPTER 2. BIDDING PROCEDURES
16:72-2.1
Advertising of bids
The advertisement for bids shall be placed in such
newspaper or newspapers selected by NJ TRANSIT that
will give best notice thereof to bidders. Advertisements
shall be made a minimum of 20 calendar days in advance
of the bid opening. The advertisement shall designate the
time and place, when and where sealed bids shall be
received and publicly opened and read, and such other
terms as NJ TRANSIT may deem proper.
37428
(NJT Board-5/9/06)
16:72-21 Bid bonas
A bid @rcpsal) band or a d e p s i i considhg of a a h k?s c h e c czrtiiied && or bvocablz
lc= of credit
h a m to the o d a of KJ TReiSIT in rn muvat ro b~
d e t e ~ h dby pl-J T W S P T * but not aee3 percat
of the bid, &dlaccompany all bids lo sene as a guanntez
&U tZIc bidder will, n,wn scrqtance af its bid, execute sxch
r n n t r a c ~ ddocumam as mq be seqaircd wiL& 10 war&
k g days afrer issuance of a notice of inreat to msd aay
bands sSmkted pursuant 10 this section must be executed
by sm-,ty conrra=ies Ijcensed to do businas in the Stxte of
Ntw Jersey. Any i r n m of credit shaR be issued by FedexEnancial instihdans.
iq fabar mat:rids to the cc~-ctnr~s~:bmcmt'tor
f ~ .$c
i
p e d a m a ~ c cof nwrk ~ o v i d e dfix in the cozihrt. TLX
bond pex=nfage requkrzs, h ~ c de o n N %
%
h
i
m
s
asessmmt a f tbt r i przsented tc &.t Stat2 by the we nf
rnntrzct -2 h&ex relevulr facton,
be htSrd b
bid donrntnrs prior to kb: wamd bidding cia%, xi3
TRcLWTS may waive tht band r=q&-unent
2&
contract is fur a mz rot cxcz6.q$lZN,OPO.
LI detr:&k g &ether to xzhe the b o d r e e n e u f , i
W T
R,.L\W
sWf d d c t rhe fdo*:
1. The natilse a d extent of fie w r 4 to be perfaneed;
3, T h e fbancid and ark apabiiities of the potectizI
bidders.
of less thm 100 peffent d &g
fd} A payme*
contract cx same o k form d
set f&h b &e
bid spci5fkar.ito bid c p n i q
k ttqnireb, at
N3 TRANSIT'S sdr: cfisctehq bf,tha sucwful' 'oidder
W ~ aQ cornact for ather ~procxtrmm%h a w e d b
protect Ems or prsoas supplying labut or r n a t d s to ffic
contrackot,kuba~t~actor
fur the pc-famcrc~,of
p
rid& for in the contract.
1692-23 Pwformnnce and pnymcnt hjnds
N J S A LI:&L43 ns amended, a
(3) Ln xcordacce
perfonnmx haid m to c x c d 100 percenf of fie mnum
pdce &dl be required af the mcc&
bidder w h e ~a
(e) P e r f m u m e a d payment bcnds must be cxeclrted by
contract for public b'dri@s, of
public mks or surety companies licnsed to do business ki the State of
;.S!rwcz~e=irsis nvarded to s m e £nEhent d t&e mi- New Jersey,
tracrofs & & ~ t i aqedid
~
k &* U J - ~ & bond
percatage r q & 4 based upon KJ l2MJSITs a55asment
of t h e rkb presented to the Starz by the type af a m c t
am;l other relevmt haors, shall he M d e d in the bid
<ocumen?i pn'w to ?he conkad bidding bate. hTJ W Y SIT may w+e ffie b~ridrequircncnt entirely if the sm~tran
is Sar m not msz=ediry $BQ0W. In d e t d g w h d 1&T22.4 P r e - q e c a t i o o of firms for capital pmjecfs
a to waiie the bond nyirement, NT TZUF5IT shall
mnsider the fdowicg:
(a) Pmspecrive tcmkxtfm, prior to bidding ad i m p m e mcxm
hditks a d equipma muit be p1. The name and mZnt of i
k work to be:performed; 4diKedtoascapital
t~ the character or a m a m of v& ar Bc& 601
2 me wdabiLi9 of potential bidders tu p d m &e
w
~
h
~
a
r
e
p Suchprqud&
~
t
a
~
work; an6
eatim shall be based 0x1 aII factm ~:la&g to coo-or
psponsib2.i~a set forth in N 3 A C 16:n-1,4, a q
3. The fiiancisf and ather t5ipabilitim d the phiat
bidders.
btrnd ofless kin 1100 peram of the
@) A
con-ha or some other fDEi af seariq as set fa& in &e
bid s~~~
pdns to bid qmiq may be ~cquired,at
M TlUNSlTs sale discre*
of the s u d bidder
v5en 2 roatraa fcr other psocurmts is awarded to
smm fdiiihent of rhe c(snbc:ois obiigation s p 5 e d in
the conkad.
-
;
---/
(c) kr acmrdsacs W XiJ.SA ZA44-143 as mend4 a
p a y m a bod
to d 100 pex& d the conprice SEL;JT be required d the
bidder %hm a
caatraa fir public bddiags, or o k public w&
m
bpomems & &d
'0 p e c t hEms GT ~CISDIISmpply-
pertiaent jdkmation refating to the ~ ~ E c zof&a n
~- . s
tram.
@) S a d p r e - q e t f a a , as noted k .(2) above, shan he
assigned contraciar~b s e d on Infosmatioa ++&mitred Dg
thna in nsponse ro a q
~
~ provided
o
by
~ M We
SIT. 4 p s p & i v e comador dissatislied with 3s pseqd-a
d&c1160.
m y rnprert an
he-+
lo pment ad&iionrti idonnation to justify a dZferc~&a&azion. After h = ? & a d d i b d *=,
Mw t
n q ,in its diSaetio4 b g s cr modify the hktdc?s clissifiCaiisYn.
(NJT Board-5/9/06)
,
b m d d by ) . M A u
11,d c c i Y x m y 2, BSU1.
.
See: 26 U
WR.9 0 8 0 , 2 5 X J . R i342ja).
h x d c d by XI996 d.Zj9, eEe=jve Ma7 %,19Sl6.
S c s 28 W-R 1356Cn): 28 ?SN-J',R
ZE6@).
1&72-25
16:72-28
Receipt and safeguarding a f bids
(a) iVI bids receivcd pdar to the h=
of opaing Mbe
k e ~sxmx,
t
and, except a provided k @) b c i w mpened.
If an hv;:tarion br Bids is racceIlned, or if a bidder effectively withdraws his 'Did prior tto .the k . e set for o p i n g of h i h
dll bids, or the withbmm bid, as the rzse q v be, shdl be
seamed to the bidders.
h e n d m e n t cf b ~ W 5 o nfor Bids
( a ) Ii; &a issuance of ZE Inpitatio~for Bids, but before
t
h tirsc fcr bid optzing, it becomes necessary to r n h
CM~
inS
qm*, .jpe&tiocs,
delivq schedules, opm@) U n i d e ; l W bids may bc opened solely ?or the purhg hies, etc, or to cancct a defedive or ambiguous
pose
af i d ~ n t i i i ~ kami
n t~lenimm&ateij. rrsea~ed. A
&sitdun, such &mge W be acmmplkhed by iss~anre
record
o
f
this
event
shall
be kept in tbe bid Be.
;nazmdmat to ttre hvihtior fur Bids.
1. B e m m b d sh3U be sent tc~m q o n c
hitatinns have been f u , i e Q .
m whom
2. ? l e unezdnent s U be h& a reamdlc time
beiore the scheduled bid opening. E necessary the bid
qeaing sPrlI be n s & d e d at the di.scretian af fhe
Con&g
OEcer.
@) 'LSag idffi&~n &en to a prospective bidder caneming f i ~ a t i ~ nfor Bids
be furnished pmmpdp to
aR other prospective bidders, as an amendment to the
Invibrioq if smh infcmx~tionis necessary to t
?xbidders ia
s u b m i ~ t i qbids an the Imitation ar if the lack of such
i;rfomation would be prejudidal to d m e d hicidars.
rbeudrd by R.1390 d539,efiedw J ; i n x T , l.991.
h:22 NJ3L 2460jz), 3 N-llt 119@).
Rcmd rcpircmmt added at (El.
1&7223 Bid opening
Bids dot ~ e c e i v e dprior to or at b e t
4 3 s
.bzmicd "by RRfW &5g, d
&
Jmzx 7,199L
See: 22 H J R 24fiO(a& it3 N J A L19@).
Am~ndaentism.nce and d h l r - +z c o u i m ~ t ~defctd.
~ts
h e
desig~stedfor
Zarnd bid opeaing W not be coddezed and shall be
retmncd to the bidder unopened.
NMES
Late subminicn d bid, w k b c c ; u m d
bid& was & i r e : ! bp
hdding se+y gnanl to w f o q of&+ war not m a w uidatirm or'
puhlic bidding law sad p c c d m , New
T d t was m5W w
6 defecf TUZUET
Cornst Ca 9. New JCTSCF T
t
BE
NJSapcr. 53,637 AZd 323 (hDLW7).
*.,
l t i : 7 2 2 . b Cancellatioa .of lhpibtiwas bdore opening
(z) b,-itations for Eids &add not be cancelled unless
ca.uc=Eation is in NJ TRANSWS interest, such as where
f i e r e is rro longer a i-equi-tnt
far the supplies or scmices
or w&e.re amendments ta the hitation would be u£ such
ma-de
that a ncw hvimion is cfedrab1e.
@) Wxxe an k h r i a n is cimcelk$ bids ahid bave
&cd
A& be r c m d mqemd to the biddus
anr! a xiotia of caac&riaa stull be sent to all prqertiPe
b ' i d s s a whom lwitstim for Bids were issued
'
b u
l
.
,I
To be considered far award, 2 bid mUsZ mmply in &
materid respects with the h$tatioo far Bi& so that, both as
to .the m e ~ u dand ttndhess of srib~&~iunand as tkz
substulu uf any r d t i n g cant~ict,dl bidders may stand an
an equ3.I foating mi! the integrity 6fthe hrrrm;tl &miking
systzm may hc d a i n e d
Amended by R19W d539,&&c
b e 22 N J A 2460(a), 23 N3,R
?"rfk: Q£ d c thanged.
J m q 7,1992.
119(b).
case
*as
Lare m k k i o n of bid, which acsr&
Tme oE hid snfimission
Bids s
M be su-ed
so as to be
in tht afEj~e
desiwed m the Iwitation for BLds not hter than the exact
16%-2.7
after bidder w;ts diced by
Wd.kq sear+& g ~ a r dm w m q &r, wzs not makid v i & h af
public bi*g
lm and prccrdorr$ Xm Juwy Tsar& was &fled to
&C
defcd. T~?xsGE5f.. S h .ir. h'm k.9L:y T e Q+, 3 6
PfJSqpe~53% 687 AZd 323 (-0J9M).
hzSetFcnopmhgafbids.
(2) M a n s 5or Bids mag be c;mcxUed after q&.q
but
prior ta award aaC alI bids r
r whrxe~M m
~t
iLie s&mGca d bid, wS& ocamcd aftsr bidder
dktrted by
t thk
~
~
~ ~ ~ ~ g - d L o w r o o g ~ w 2 s m t ~ d v i O l a tSLT
i odn d e
puhk W 5 q hw and pl~cednzqElm 1-7
Tiax& was edticd to
1. Icadequa?~or mbiguom . s p e & d m s were
mivc Me Turner
Cd V. h'ea Isey Transit forl- 296
iu.s7qCr. SKI, 6aT A2d 323 (U1997j.
in the Invitarioc;
Case P i o h
-2
J
1
2. Tze sup$es
loqcr rcqukd,
or
SL?<.US
bekg p ~ & a s c d ar.2 no
3. Toe b i i t a h n far Bids dd not pr&de for c h d eratinai &I f " , ~ o raC
s czst to h7 EUhSW,
4,
B&, receixd idi~tz tha xhe we.& of h3 TRAYby a leis q d v c i x a di£fzhg
SIT can be s&ed
fra~
&at: fa
which bI& were sclidke
o&em-ise 2cepmblc bids received arc at mrca5,
sanauc:prices;
5. Bids were not mdepmdently mivcd at h open
rnmpetkion, were d u s k , or were submitted in bad
fai& or
7. For other -0%
tsa of iSJW S n : .
cac=kth
kt Zbe
bt~r-
[a) A mord or'~EF:c a n c e w n bf ht&atiod~far Bids
s l d l be kept i~ @e bid ae.
h a d e d b R1990 d535 e£fecxivr?h u a q 7,199L
See:
X J A 2ZsOafaL 23 NJR 1l901).
Xrcard r z q h s r added zt @).
(a) Pwy
1
to d a m t o t h
WE& mierially
oE the InVitalia far Bids &dl iil,~jected
bid
quirwccts
15:7'2-U5 &b&em3tical ~ c ~ f i a i s.
(a) Mfer &e bids are opened m.d ~tz.14
key sh& be
a ~ p m on
d the basis of the cor?xtIy dek-&ed
sw.mtion of the c m d y b e t e m k d pnducr of
,p&
des for antract &x i t ~ m
~ R Y 31
L the bid mdt;@& 5~
&e mzit pries bid. Tffe
resch cf a c h wq;rI:isOCS@
be made apl3abIe to rfz p u b k A d &dl be =de
the basis a£ofe c a n e d tstd m&act psi=
@) Ih t5: e v e s d a dkqiajlcy be&e tmit #=
bid far any amtract h
i
n
t ites?. acd the extecsian & o m h
that item mder the dm af the bid d d ~ t E d
YAmOUD,.,
adtprkE
gwem.
unit price is &ti for a uatnct line itan.
1.
but na exiemion is provide4 NI TEWXSIT &A prcmi&
& mendon based on the lmir MCP:
bib atld &e *ated q n d t y far that c n m irem,
2. Where zu witmion is pm$ded by the bid& ~ J Jthe
"haunt-" dmn, bat na unit price appears In tbc "'Unit
Hcen cduma of the bid, NS TFLUVSIT shall m d e t h e
m i t price by d%&g
fic u h ~ u n t -GSmc
"
prosded $
the bidder by xbe esikmted quimZ5q.
3. Where na figwe is pmeded by &e biddq in both
tke "nit M e " and "-kucwd' mlnmxs fm ane or mare
contract h e hor whepfigme is proid& m &e
* ~ m o u d cob
'
fam e or mare "Zlrmp S m " c3cmct
k e items, the bid
be mcrided to bt non-rcsp-
sive mi shall be rejected.
(L) Any bid vfiictr impOsa f~&.tiOmwhich waald ma&$ requhxaenrs of she Inuitatiuns for =&a limit t h e
biddefs LiabZiV to NJ TRANSIT sW be r jectect
(c) Bids received h m firms d&c&ed
sponsible shdl be rejected.
b be cot &-
fd) %%ere a bidder &3s to %sh
bid s a v d t y i z aarmrc l a c e w3.h tEr: mesial. rcquiremcnSs af tkd hvitation h r
16:72-2.16
initialing nf price c b g e s
Price changes in bids shall be %tided
the bid snbmitted to NJ TRAl%5Kf.
9 the vendor in
Bids, the bid s W be rejead
(c) Whcrz a bid fails to cdmplp yd.t~ d? msteGd EEG
DEE requirements txpx-tssed ia an Invitatian 2- Bids, zhe
bid shall be rcjertrrd
Case W u h
Fdtsxe ni measfd bidder Lx pcblic cartttzci uirh W a a -1
Tdtoiairidcross-autfw~in~~bidpri~tmmiixx
drfidtntj.. Imxr Gast Ca r. h'w lcncy T&
Cop., 9
'6
N J S q c . 530,637 AX 323 (AD.1997).
16:7%!.17
1&=224
Bg-pss d low EdcEen
If the Iwr ki&u k +pzmd, n memoranlfun s a i i ~ g&C
&stZim=ion shall be prepared Tor the file and. a letter
eq&bhg the decision &dl be h m d e d to the bidder.
,
"*
.knedcd by US90 ti539,&~Etmc
Jamqv 7,1991.
Jm: ZZ N J R 24sc(a), Z? N J A ID@).
Stj%rtit
b,gs.
W a h r of mmor l&rm&ties
w
m img&rjEe in
(a) Pi3 TiLWSlT mmes the right to t~ac)i
inh-es
ar k r e p h & c s in a bid not in c a q H m a W&
the speciliatioxis, tern and c 0 n d ; ~ u sof the Invhtion fm
Bids.
k;form&y nr i s r e g n k i q is one which
I. A hf
merely a aantr af fcrm ur is same iumat& variation
the czux-r
d the h v i ~ ~ t bfar
n Bi&,
h~-;O
no
g,c£kct oa q a , q - m n t i ~ur delivap of tbc
3743 1
(NJT Board-5/9/06)
63~~4~11,
h7 ELQYSlrT nay p e d t .
anegjrip a aarerid ~5.sukcof EXI to P+Hr2rCw its bid hiin t k i e is ~ i x s w b l ep-f
a di&e
wy nrtde a d ?he i&esded bir! caxmt be asi=rt&ned
wi& rexombk c&ty.
St& bidder &zIi ra6: be Fer&ad to withdraw irs bid fix mistakes or coon j11
judptnt
4. An oibemise lm bidder s
W not be perrnitkd to
w i z t r c k m rna.f.mirrl exceptions to the bid condirianr or
spt&dons; however, such bidder m y be permitted
tDz o p h ro A~k t G ~ hothrr i n f o m - a x l d e d for by
the Xnvha&m far Bids and mt +plied due to oversigh5
so hng as it does not affecfre-ness
5, Corrcbiun of bib mistakes i t f bid ward s k i k
subject to the saqle pmof as c a r d o m hefore award and
hid ope*,
with the futher reqaktment t h x na
mntxrim s b d be pe,*ed
t33t t a d d cause thz matract pticp? t6 exceed the n- IOV bid
3. In Eez of bid
tt luv bid&:
Z hT TR4IWT may g'm the hiddcr the o p p s r t a
ta cz= any defideacy rcs'31~Zbg~ J X Qa minor infmm3lii''y
az inegu!ariq in a bid, or m y W e any such dekienry
where b is so the ackaztage of M TRANSIT.
Fdw of smxdul bidder far pxb& cmlmcZ with Hew I a c y
kr MW cmg-gct foi i b ia fmpstm bid price was &cir
dcfideriq. Truner CoafL a.v. Xar J e ~ Tm$t
q
Ccap.., 296
N J S s e r . SO, 687 k2d % (D1993).
T
&
I
Ame~dcdby R19% d239, e E x 5 Mzty
~ ~ 2U, 1996.
See: X3 N J R 115S@), 23 NJJL 2566@).
(3) h the event &frat the comct t
otd cantract prices 16:7z.uD Award
submitied by two or mare vendas are identi& h3 M(a) Unless ail kids are rejected, award W be made: by
SIT s h D m d the contract based on a nfativc uunparisoa
NJ TRANSIT wi& the tine for aecepmie spocifi~din
of the. fonm* Ztboss:
the bid ur emxcibzr t b c o f , to that ~
~ bidder r ~
whose bid, mnfmmkg td the Invitstkx for Bids, will be
1. D&ery zdvs-e,
consideiing time, d.khce, mn- mast advantagem fa AWTRWIT, pie a d d e r bcrtm
~ m i eand
r ~W S e s of vendor;
h d - 4 for crt&ms orher thm amram ior a e cansmdion or improvemertt of capital hditks
(b) When cone of th-c d ~ ~ i s h a b Eharaaeridcs
1t
in
(a) above are available, NJ TRANSIT s b a if practicable,
pra%Gafar stmatract award by spWq &the award. If s@Eiug the &ward b not pcEc&le, award wilf be made by a
sin& toss of a min.
+-
(b) Lkttss aR bids u e rejected, a w a d shd be m d e
-n
tfiz time for acceptance spccSed in
N;i
the bid or extension thexed to the lowest responsible bjdder
for con-cts far t
k wnstmctirra ar h p m - m ~ uotf rqki1
h d i r i a . This ptavisian shl! not apply to d e s i s b a d or
design, build,
opente projects, or effect W
TRANSIT'Sh o r i t y and w m n busirtRss entexpcisc, equal
.
opportmity or a6rmatke acrkm p g m m or
hitMTRG.XSlTsrighttu ~ y l d ~ r r e s ~ p r : w c & a r t
wpm2.a
Amended by R2001.d1Yl.,35&w b4, XQi.
~~
*Rcwakthc
33 KJ.R xqq, n a n .
IS+)).
s e e
(a) W
e bidders nonnallp d d I be upeded to be botmd
by tfreir Mds, -ric
& w-kae w d o n or eth*
ckawd af bids is p e h t t d
I6:72-2.21 Protxdares and forms
NJ TRANSIT shaIl develop such pmcebuses, h s and
dirrcrIas as may be c t c - q ta carry out dztrese r e a t i a z s .
1. A bidder sf;all r?ot be p&d
to con?=& a tzid
nis';lkc 24cr bid crpening that: w u t d cause the bid& tp
h e the low bid ttdcss tbz mislzk~is deariy e r n from
d - q g the bid dman~nbe.g., ckrkd enrws Ifd. 'ixh-
siocs and additions
SUBCHAFER 3. REQUESTS FOR PROPOSALS
2. Tbr apparent Icw bidder d d I be pedtted to
carrcci a ma&
mistake d faa in
bid, khding
Fdsq when the intended bid k obvious from thc bid
da~tmenL Snch bidder shaIl not be permitted to mrcct
a bid far nis'akEs or ennin judgment
16572-3.l Sdli-oaafpropd
6-5-01
i
~~
'hriadcd by 81990 d f 3 , && J m u q 7, S9l.
See: 2? X J k W6C(s),2j NJS. 119fb).
Coin toss add& to (3&
Su;rp.
.i:
P r o p o d for prnfessi& and k c h i d servl'cfs M k
vliidted in a mmmcr which
the a p p i m n i ~for
wmpetiricm unIess a&&e
pmvidd in H J A C
1&?2-1.6(c).
72-8
Next Page is 724.1
/
l
(NJT Board-5/9/06)
of request f m pnposak
isn1e
of
a r q w s far , m o p a t , but
(2) E
&e t i n e d reczipt, it 'manes necssx7-to si&e +a-VT
1k-72-33
--dm&
-
q c , de3iveTy deadbe, ciosizg d 2 2 ~ ci
, any oaer part of
the proposd or ta correct a defective or axnbiguous
sdch &anew &dl be zccor;lph1.Ied 'by ismme. of a
m d m e n t ar' th2 =P.
The ~ a h e n S?13U
t be sem tc
emqmne t o &m RFPs h27e been ,Mshe&
m,
P r c c e d ~ zused m d e r t ~ A -muit
c
qmtians did M: pi&k nmutes. ngiIzdiins, o
: T
&
assrd pdd=s. A a d r q E u Tom, kc
v. Sew J-rrscy T k L C q , 2G3 NLSirper. 353,
.;Ud 1335
(AD.iF33). ca-cidmriac dwkd 1% KJ.482,G-l k2d S t
Adeq~zqd Tkt
Surod af Didon mr=-:out
pmgam.
Aadmq Bus Tows, I z t 7. Sew 3 e q T P E tarp, 263 W - S q c .
353, 622 A2ii 1235 ('il.D.l9g), tcrri32idoa d&d 1% ?U. 485, fi34
XZd 53%
(b) Any ~
~ *en
toua pspec*-n
prqcsm con-
e~"
zn RFP stralf be M h r b prampdy
to & 0%
pmpe&e propers 3$ an i t i l l b t to fhe BFP if such
hfumatiaa is nertcssq to the pxoptasers in i n h ~ l l r i g
pqc~satson the WT or if the bcfr of SD& ~ m a i r z n
would be prejndkid to arridmed pmposrrs.
16:72-3.1 Cancehfion ddf request3 hefare openipg
(a) Reqnes&f a Proposals
not be cazwkd unless
uncellatkn is dezxly in the public inreresf m& 3s whrre
&.ere is no longer a requirement for the sm-icef ar whez
zaxeadmm to the RFP muld be ofa h n7&dr
#at a
nav =P is drshbla.
(NJT Board-5/9/06)
,
'
1. W-e
TiIP is caccekd, props& which have
b e x i rz&&
s U be r e r ~ ~ ewopencd
d
t o the proposzrs and a noticz of c m c d i s i o r W be sent t3 all
p q e c t i v e pnposers t s whoa RFI3
iss~cd. nt
znd briefly
oodce of canceEzrian shafl 2
i-f
be.
e x p l h t!~e =ason the W? 5 being czcefltd.
2. The ser,kes be:q
qaip,d;
p+ed
are
no l o ~ g e rre.
3, The RFT did ~ o pmvirle
t
far wnsi<e~atiuacd all
fictors of mst to E3 TRA,%SST.
5. Props<& werc not indepcadattL, &ed
at i
s
o p a competition, vat: coh~&e, or =re rtSmhed &
16:72-3.5
bad Mtlq or
Receipt and safqnrdbxg af propas&
6. For other reasca, ~ ~ ~ c d l ais ithe
i ~best
~ in:zrest af M M T T .
W pmposds xcei-ved priaz to rhe h e af ops M be kept secrr;c, md except as praiL'ed in @j below,
miopen&. LC aa RFP is fance1e4 ar if a proposer effectively n<thdr,71r, 3s propssal, d prcrpaafs, or the %+ithdraw11
prim, as the w e may be, sbdl bs ~ f x m t d
:a Ebe
pr0po"rs.
(3)
@), UrlidzIltiSed propmds map ba opa.ed solely &r fke
prpose cf i d e d e r i o a snd r h a imrr&tely resealed. A
record of this evem shall be k q t irl tke RFP file.
(a) Any pmposa! which materiztly fails ta
requirements of t h RFP7s
~
s h d bc rejected.
zo &e
(b) Propasah received &om 5ms derellnined to be not
responsible: shail be rejected
-1
'
,J
Fropcszls not ic&~d prior 50
at the time drdpbd
Y%T fixm2.i receipt shall not be mnsidercd. Late pruposdk
shall be retuned
lh:72-3-7
to &.e
. k m d e d by R1990 d539, t f f b January 7, Z-W,
Set: 22 N J R ZJMl(4,23 N J R U9@).
Tea o n ;.ejection of d ppraposak nmdiIicd tn trr&,cn 3.9; tee an
-03
af mdir,idaalpmpasals rr;eadificdfrom &nn 3.11
proposa uoopened.
EvnI~ritimof pq&*
Pns~mdsshdl be oponed, evduated and r d e d wnsisk n t with Stare a d l o r Federd law. General evduation
t'pm d w rapes5 unsu~e- cfftrors sbdl be isformed & ggcnerd terms, throw& a dr5rie&g, wdy of
reziscm for non-accept== cf their proposals &&out disdosbg o d e r aEffzmrs'proprietary ti&.
Amended by R1990 d539>&& J a n a q 7,159i.
See: 22 N 3 A 2 W ( a ) , 23 NJ-R ID@).
Tcct an rcjednu d individual p r v p d rap&iul to sechs
text rm debric5g d e r t bala scctior.3.12
3.10;
U n l s a a proposafs arz rejected, award did be made to
xesp@le pmposer whose prop^^& canfarmipg to &z
Rcqust 'for Fropas&
be most ad~qfageousta
&at
Negutiations may be conducted ~33.3 p r q whose
propose are -dered
to be mmP.r;tive in accordance
Stare m d F e d d Iav.
r h r n c k l by R1m dS9, effective Jmwq 7,1W-.
Sct: 22 NJ.R w n ) , 23 3.J.R .
)
@
'
&
I
~ ~ ~ T C Uh
C L
~ U Nadded.
S
1&72-33
Rejecjoa d all proposafs
(a) Request5 for p t ~ a & m y be cmcd?ed af.%r open&
p r o y & rejected,FFhae
TIN5.iSnC e r d z s ia tvrjtiq that
+but
1. l k d q o a z e or ambiguous spe*&.ofs
k t&e W,
we= g k a
mm.
Ameudnt fty R1990 h539, &cake J a r m ~ y
7,199L
See: Z2 N J A 246O(a), 23 FUR- 119@}Text on dcbriekg m o d S c b b section
&t m a n d r e d Bed i b m xctirin 3 3 .
16:72-3.U M m c s and f o m
&dl deveiop such p r o c t d w fotlns md
..M .T&WSIT
-=
=
n==SSq
to
*'adabby RBW d5?S, cEc&e -J
7,
72 N 3 R Z46a(ah 25 ~iW4
119r,b),,T
BM
e;366ed m ad= %=
rn DE pmadrn.
fcrm?;r=rndif&i
rrction 3.14,
An+ed
seo,:
(NJT Board-5/9/06)
12 - h y other camfie aJe-65 resprsfiil?~a a Sate
c o m c t ~ nrof such re30u md n r p e f i g nzWe 3s i n q
bc dmziriined by NJ Ta4NSTT ?u .ourat d&&mert
inclss u c h todidnd as nq be posui%zd by &e h m
or ma-acts eounerated in tixis paragraph evm if ari:
conduct has .cot been or m;lv cot be prosemrci as
SL'Bm-W 4. D m _ ! ~ T SUSPENSION
,
vicktians of such hor ~ootmct~;
A
m DLSQU-4LEIC4~ON03 SERSOh3
13. Debarment by sume other depar;ment or q.errq
in&e
execghm bi7mcfi
Z\T:7Z1d Canses for debsmenf a t a persun(5)
14 Any oBez of agreement by a vendor to pay ar to
(a) In in* public interhi TX4E1W s W debzr a
make paymegt of, &he; dirt or indmx&, q fee,
persb~:for my of the PE)~UC\+ causes:
cammission, compensation, & p t n i t y , oi 0 t h
of
1. Gmdssion of a czimhd a£Eeme as itn incidcnr: to
\-due d any kkd ito any Soffice ox rmploye.~
obtahkg or attempting to cbtain a public or pimtc
special State oEcer or wpwee is defined b] NNJ.5.A.
m m r f or snbc69tzast thereunder, or in Lfic pcrfar52:1311-13b and e, in thr Depmmexxr of the Tre;tsrsy or
lilancc of suck cootact or s u b t r a c t ;
;my other q e n q wib which such vendor m
s ar
aflm or proy;roses fa I n m a c t btrsinrss, m to an? me2. \'iohri~a of ~ILZ
F e d 4 Dgan5cd Crime Contrd
a-i' tfre immc&ate f d p , as de&-ed by N J . U
Act of lP70, or w-ibn
of embezzknen~,&eft, for52:UD-I3i, of any mch offkft ur employel, or bny
gay, bribery, fzkificaa'ore or destructha af rrecolds, perjuprbership, firm, or carpara*
with wkick th.9 z e
fy, W e w-e&g, r e d v k g stolen property, obsmaias of
empioyed or ;cssaiated, or in which a& @Bart~ tnrjusrice, or my other ~ffensein&a lack of bushsr
pioyca h
i an iatmest wi-&in t31c meaf HJiiltegritt or hones%
5mD-l3~
3. J?blation of the Fed&
ur S k t e rntitttm $t&ks,
15. Failure by a vendor to repart to tEe h o m e y
or of ibe F c W &&Ki&adr
Ad (18 U S C 874, 40
General and to ike Exemive 6 m x n k h n on Weal
U3.C Ea,c);
Smd&
in *g
fa-Ehwitkl tfie soLicihtim of iLny fee,
)
campensati~n,& gn.Nip QT other thing of
gcwadn~"
the ~ ~ n d ~ c tm&oq
4. Violations a£ any of the Ivalue by any Stale oacer ar cmpfoyce ar special State
nf clectiors 05 t h e F c d d gwernnart, State rJf New
officer or ernployce;
Jersey or of iirs political subdiviriom;
16 n e w d m directly or indirectly, of my
5. Violation of the "Law k,.ains? R&x%&ati~n"
private business, commercial or entrepreneurial r e l a ~ ~ n (PL1945, c.169, N3.S-4.103-1tt seq., as supplheutcd
&.ip tFith, dcrfier or sot p - s n a ~ Ito emplopent, a n by.?& 1975, c . % ~ar) ,a£ the zst banning d - . - afian
-aft or other agreement, q r e s s 0.g iqdid, or de,
in pliblic works cmprCyment v J S ~lO:2-I et se4.j o-r
ducaZy or indirectly of an!, intasst in sac5 vcndar tcr,
~f the scl prohibitkg discriminatiotl by industrits engqsd
Sntz ~fEiEwor empio.'t:e ar specid State afficcr or
ia def=nse work
the q l a p e n i of pews ttrutia
employee or s p d State nfficxr or c q l q e e hsYing
(
P
L1942,c.114, N.JSSL 1&1-10 et seq.);
duties or r t s p e i a in coxxeetioa with tht pm&~~,
acqutisirion or sde of arry prop- or services bg or to m y
6. Violz~riansof my lam g d v m k g horn of lahar,
State -cp
or aag hstmmenw rhmxof, or -wit& any
mininum m.ge s31ldards, prewage stmdxrds, dis+ x b . i ~ ~ uho praecs,
n
OX CfZild lab%
pusan, finm a cntiry
whi& he k emp1-d
.ar
assaciated or in which he has +n berest
&e
7. m d a t i ~of m~lzves p*
the canhci of
meaning af PTJSA 5kL3D-Ug. b y ~&~~QxIs+ s+
6capk or professiolls or regdated indust$i
d to tkis proVisionsW be q a c d 31m k i q f d h i z b
to the ~ t e c d v eCbmmksion an E4&d Starid-,
w ~ &
8. VbLatians srf my other lam *hi& may be& upon a
nay grant a waiver of ti51 restrictiozl
appiicai5m of'
W a f r e s p a a r w as natai kqyiqi;
the State uEmr
anpluyee or speckd 5ofhctx ar
9. W W failure to p e b ir? acrordance with wnemphyee npon a &ding &at the present or proposed
trad spec3katicins or
cantime &LS;
relationskip does not present k pot*
a d t y , or
apara.ncs bf s E o n f l i ~of inkrcst;
10. A redosd of
to pa-orm or ar' unstkkurp
p~ormancein accordance &th the ~ r r r c saf
nr more
17. brfinence or attempt to infiuence or cause to be
~ ~ c t p sd ,c d fhZT W& failure QI msa&bmy
in£!uencd, any State &cer or einployet or s p d Smc
prfonnana ha.: ~~ within a rsaocibir: time pna £ £ i c e r o r ~ a y t e i n h i s ~ u p ~ i n a .-;,
a y ~ ~ r
cethe &remination ta debat and was caaserl by a
m
which might tend to impair rhe objectivity ar indepm~5Sbiutht:cmtrol of the peaon d e w
b c c of jndgmd of sad &cer or enplopc;
-A,'
sup.520-96
%+a
(NJT Board-5/9/06)
'
i
13. Cia:: or ;b,2cmi or z z a p r to m , e or M u &= or m?@~=
O i special S t a d 6 c z r
position
or a p i o y t e to we, or n c e r q t t 3 uc,D ~ S
03 secux nnvzzmttd prirflegts err a & a t v s fur thr:
vczidm or aLIJi 0t5mpeEjQe
a c e , al;
SWZ.
@) The prmisiom set fa.*
in W A C 16:724.1(a)13
thrmgbl8 above &dl be included b a h d a t i o i x for Bids
ad RFPs issued 'cy or an behalf af NJ 5R.LNSlT.
denled by R19W 4329, e E c c t i c ~IstWry 7.INL
Sye: 22 XJX. 2460121, 3 N J B . LEI@).
Cada d m e ; rc@zacds added s (;r)2?-18 a d @),
(a) The fabvAng conditions shall
barment:
ancerninp de-
2. Tot existence of m y of lhe causes set forh in
NJ-kC. 16:71,1.1 &afl not necrssari)y require that a
puson be debarred Ln each hsance, the decision to
&bar shall be made within the Gscretioa af tbc E x e a k
Dh\cror, unless o&cntirc required by law, and &dlbe
rendered in thr 5e.s interests of h e State.
-,
j
3. W ntriptkg famrs shall bc cansickred in determining the scrio-xmsi of the &me, Mnn:or inadequa~f af p e r f m m ~ e
azid in deciding whether debarment is
warmzed.
4. T h e d e n c e ,of a cause set fez% in N3A.C
16:724.l(a)l thmu& S sfid1 bc cstabfished upon the
renderkg of a final judpmcnt or co~viction,including a
gUirty plca or e plea a-mlo contendere by a court of
competent jurisdictioa or by an al-trrrinistrativt. agency
enpawend to re~dersuch judgment. In the event an
appeal taken £nansuch judgment of c o d o n results in
r w e 4 thereof, the drbvnent shall be mn5~cdupan
the repest a£the &barred pemn unless otha tame for
dcbarmea &.
5. Tbu: existence c3f a cause t;et fkth ks SJAC
16:72-4.l(af9 tima& 18 shall be e s t a S M by evidence
=$dl 3 J m4\m
to h ckx ard cmmirxingfarmrt
6. Debamxni fai the came set forth in N J A C
16:723.1(a)13 s W be proper, pro~ioed&at onc d the
set forth in N J A C 1&724.1(a)l &ao&
13 was
tfre b& fur d z b s t by h e original debarricg
Such dzbamxat m q be b d entirely on the rzc3d of
facts obtained b.: * e
deharing g q ,Qru-wn a
mmbkntiion d such fads imd addm'od Eicts.
( 3 ) Tne proedrrrcs, cfrr, period of d e b m a , and ac
m p of debarment t o be followed by W T&Q'U'SZpe
e q i h e r i below
1. 37 TRLW, when seekiq to d e k a por
his aElh'1ei .&dl f u d such paxy with a +
J
!
&g
that d e b m e z i is he% corsidmd, s e ~ g
the rEasons fm a e pmpsed &arplen; and in&=%
that
p*
d
l be a r d c d u
far a
h w i n g if he sa ptq~estsdrhin a stated periiSd of he.
Atl such heruing shan be cortdacied in accord;~&
t&e pvisions of the Admhktmtke PTSCZ~LVPS
H m v e ~ ~what
t,
ancthc~dep-at
or qcnq has imposed d c b e n t u p m a p*,
N;F Tl&X3IT may &#
impose p s%ar debarment w i t b ~ u affording
t
an o~portuniry for a hearing, pwvioed that hi TRANSIT ftrrsisb
notice d the proposed simbr d e b v m m t o rhar party,
d tt%ar& &at partp a ; oppartmiry
~
to p a n t hkiminbsmr6an in its beizatf to explain why the popsed &ilzrr
debmeni &odd not be kposed in whole or in part,
we
2 Debarment shall be far a re&ianable, d-iy
stated pen'od of time, wtu'ch as a general ra!e did nor
exceed f i e years. Debarmmt for an ad&tionril ~csiad
W be penci&ed pm\-id& h t nn4cc thereof is fruaisLred and the party .is &aided zn c3ppoxnraity to p " w r
information in Its brkdf to qlai;s why rhe adctibd
pcdsd ofdebiumrst b d d not be imposed.
3. b p t as o t b ~ v i s eprcmided by law, a drhnrmcnt
mag be rcmovcd or tfie period .thereof may be reduced b
the discretion of rJJ TRANSKC upon ?&e submission rrf a
goad iaith appLit:;Itian under o&h, supported by documentary evicIenct, settbrg f d =b.sfantiaI and appiopriatc
gro+mds.forthe grmtigg of relief, slsch as nswly
bd material trid~nce,rwmd of a conviction or ju%-
actnal change of o ~ v n d mi?ILqement
p
or conHZ~& &c
tra& or the elbination ~f tXle cause,¶ for
debameat was knpcstd,
4. A de5~mcntm y indude dl hmn S a t e s cf a
pesscm, pmvidcd that each decision to inclrde an affilia;e
is
oa a Qse by c z e b&
after ghiag due regziJd to
all relev& hcts apd chmstdnccs. The o£Ecnse, £ailme
ar kdqnacp of prdommre of an hdkidud w y fits
imputed to a pason bfrh whom he is e t d , wh=
s d x con&act was acramphishcd wittris the caax of his
&cial duty rx was a f f m b trj h b ~4th
the b*rlgt
or
appY3.I of s3Cfi pnoa
15:724.4 Ouss far sllspensiaa ef a persou(9)
the pubk interest, hi T m L &dl -end
a
petson for
rpe5E-t ia N T R C 1&77_1.1 Qr u w ~
reasonable supidon that sach w s e e&s.
Candiiiuas 5% snspensima M a per so^ [sj
Tke i&oiriag caaditiocs c a m : mipatsion a n re
be adfreed ta:
16:7%(a)
(NJT Board-5/9/06)
DEPT. OF T Z ~ C ' ~ S I ~ O R T . ~ T I O ~
I. S z s ~ e ~ s i oshd
n be i q o s e d cSy upm approval of
b e 5x.ueruti-v~Dkebor a d upan apprd of the Attcmeg
G e e d , ex=$ as o t b m k e p~ptide:! by 1 2 ~ .
2. ?he d t a c e of a q cazsr f
a sqxnsion &dl cat
r q u k k t 3 s i i p m ~ a nbe inqoscd, am! a d&ioz to
scqend &all be na2e zt the &azrion of the k ~ ~ . t i t t c
'Dkctar
of the Atroney Gtn=:al, md &dl be
remknxl in &e best htcrest of,Ee S u r r
3. Suspension sMl not he based q o n uv+parkd
accusatkz, but upan adequate tviO2nce t h t cause ex&
CIS Tan e v i d e n ~adequa~eta ~
~e reaso~able
i
e suspickq &it cause e
t s .
4. In assessing wbe&cr adequate t~idenceexists, mnsideation &A be give9 ta t h e amauzi of cp=a1t evid a c ; : WE& is sn;Lilablc7 to the & a c e
or &=nix af
corraboratim as to irrzporkmt allegatbs, and to inferences ~ h i e bmay p r o p l y bc brawn &am the e;daence: or
&seam of a Z r m d v e facts.
2 A s ~ c z shal!
s ~not cackue bq'ond 16 morrb
&estivPI dat? ~ S &ril
S
ar &d
3c&a
-&zg
&a d e g e d ~iaiaticms M kwe be= iritid~1
PI&
U periok ur unless d S S m a r ac6oo h beea
comrcenmd. Whenever proscation ~f ddebamm &m
has been ini&zd, th? as?ezion cq c o d m e d tfie
bgal proceedings are c m p l e t d .
Err Its
-
3. A s q e n s b m y b d ~ d cd ffm a B b i c s of a
perscm, provided b t e& decision tc bdu& xi^ aEliate
is ~cadeon a case-bybasis &zr $ v i q h e q g w d fo
,%
reievact
ll
facts &d c?numstmces. The aEexsz, Mun
ar i n a d c q u q of pafonstnce of aa k&idual may he
imputed to a persan with alhon he is d £ h t e d , +ere
such conduct was accompEsbed ailhin the m m e of &
a5cial duty OF was effecmated by bkn vi& the k n d e d g e
cx appmd of such persun.
3. Rezsonable suspicion of the &mce
of a cause
dacriMoed in K J A C 16:724.1(21)1 thaugh 8 may be
established by tfiz randering af a final j i i g n a t ar mntiodo21 by a C C U ~ or admiaistratk agcccy af competent'
jnrisdidoq by p d jarp xhdictmd, or by evidence that
such uiohtim of M or aimha1 lav did in fiid occur.
6. A suspecsion hoked by amthcr agency for anp. ar'
the cases damibed la K J A C l 6 : W . i may be the
bask for the impsition of a confurrm sasptcsJon by KT
TRANSIT w3irh r n q impose such s u s e m &&cmt tDe
a ~ ; p of
d t.3~
.korney General
Plocoa=ms,pefiod of suspension and smpe of
suspmsian affecting the swpensiun of a
person fs)
( 8 ) Ths following pravisioas rcgmding pro&ures7 p e ~ a d
of susprmion m d s q e of sii?&on shall be adhered m
by H.3
1. P
i
7 TR1S4cBTT nay suspend a persan or his affiliates, prmided that w h i a 10 days aftzr the izE~ctivtdate
of tie suspnsicn, NJ TXANSIT provides such party wtth
a M r n notice sh&g &at a suspension has been hp s e d and b eS&e
date; s c b g forth the rearons for
the ~ s p to~ thsvmextent that the Attomey General
d e l e r n k s &at such reasons may be p p l z ! disdused;
9athz that the s&persian is fat a k q o r a r y period
pending the f13mpletion of an iwestigatien an6 such legal
~ p r o c e d q sas m q ens*
awl hdicshg t h a ~if such
kgal proare n ~ m
t mmr?r the c-s
m s e d %ithixi 60 daps of the daie of r~i%
notice, the
partp will be gken e m a statement of the reasans for
the susp&
md an opprtuniq for a informal htsr3 he so requests, or a statemdlt decking to give sudr
rcilsaa-; and s e e forth NJ TRA.YSTTs pasitkn q a d ing thc mduuzrian of rhe s u s p a i i ~ ~W
~ . ~ a supenE
siat $ m~thera p ~ c b
y bee= &e basis fnr sqxnsicn
by M TRA,%IT, ilte latter shall note h f3ct as a
r=ascm for IS suspecsioa.
16:72%6
TRs4s'Sn.
16:7248
Extent af debarment, sa~pensianar
disqditiaa
\.
d - -./
d e b m m f svspeusion, or disqud5cation &dl e3tsnd yo d
me dwinn
fram M TR,;WSTT
c ~ n t 1 2 ~ t i nby
g W e
u~z:traaiagrwb subcontrdaicg within the ccn*ml or juridictian of K.T ?Ir.mSIT, ~ ~ c ~ u &m. E
y Icontracts
~
ivlirch trttlie
State frrsds. '5VXen it js detcrmised bg fhc Ex-ec~tiyeDirector ta be essential to t h e public hsorcst, a d upon &g
o f a finciig tbcreof with tbe Attorney General, an mcepfiar
&orn total d o s i a n may be made
r v c t trr a p d m -
lar N3 TRANSIT:conhas%
16:7a-ii.9
Prior notice bp NJ T R A N S
h&ras practicable, prior
m&e
d ani.ptoposed dcbu-
ment or stzsp"sion shall be &-en to the h o m e y .hmd
and the State Trea~mr.
la72410 List af d e h 4 suspended, ar &pdSd
P Q W
M~w~WsupFtytotheStakT~aIistd
dl pmoas bik~
&a debarre4 mipcrrdtd, or &qu=
'm accorclancc with the pracedures prescribed hexria. S&
h shd at all times be avaWIc for public k x i p d m ~
coctaiced k e h s M be a m ~ todb i t the
authurlty of XJ TRai'u3IT to r&ain from con~;i&t2c Oiscretion allowed by hv.
(NJT Board-5/9/06)
The dcfhftico of " & b e s t " in 33.A.C 1572-!2 LljS b m
iczcnddro &Jete cnnu;u to &fS! rkr nczjlnp of rhescxmz-e.
N3.A.C 16:72-1 .qa) has
5mz7dd to cfiacp pm-mrnw~"
ts
&C ~
fh
d
N J k C 16:72-1.*a11 has b a a e d e c ! ta d.3 a ccrma f;l;
grmmdtal & i f i d o n .
X3A.C. Ifi:??,-15@$ h~
a m d d to &as
z.ng:
m a x i m f;om $25.mto "tbe amount d e r d n e d in uJ&.C16-:721 3 i a ) h u e ' ' ?Sus M p I~'OWCW~S
C ~ , O C S
tf the bidding
tfarsfinld made by the Gwcrnar of New l r e y h accnrdjnec witS,
&J.SA. 5234-7.
NJ,k.C. 16.72-15 (d)* protidin3 for a w a i v r of
+-emcnts
g
substcuon (a), @) and (4 in p 5 5 e d-J*
bs been armded
b aed "ad rhe purchase ar cmmU made in !itleft maam as the
Exerud~eDircttcr, ar his or bu dsimay d e d n r : is in &i:
-
idcxsr of KJ mSZT."
NEW JERSEY TRANSIT CORPORATION
New Jersey Iranslt Prwumment Palides and
Prwecfures
Proposed Rezdo@on with Amendments: N.J.AC.
16:72
AWnximd By:
f e m y Tnnsir Carparatian, Georgz 4.
U'Yringma, Exmtive Director.
Autharity N.kS,.L 27:25-5(~),2225-1 f, and 2A:W-142; 49 U.S.C.
585301 etsrq.; and 29 CFR Par: 18.
Cderrdar Ref-c:
See Summii k l a w far explanation of
acquon to calendar ~?p.kwat.
hp,4 Number: PRN 1005455.
sobm-t C3mmCrttSby Fehffivy 1 7 , m10:
Joyce I. Zuczek
New Jmq Tmast Coquntim
heP?Y%%$246
Tae agency p q e s r 3 @.lo.us:
Sunmars
In
accordance wirh be sunset pm&ions of Exetuiive Order Na.
66(lF?S). YJ TWKSTr has evaluated Ehe N ~ Sa N3.A.C. 1672,
P r a c m c n t Pdicies apd Pmcedtntv, soheduied 79 expire on Raw.bcr
lO,20& pursunni to Y.J.B.A. St: 1<B-5.lc, and has do~rmrindthat tfiey
arc ncccsscry, adqbate. mtcasanable, &'cit~t, undcrscandable ad
respansive to tbc purposes fw w'aich hey were nriginaliy prormlgated,
wirh the s c q d o n rsi a few' ninnr amenduenu.
NJ.A.C 15:il smbk-9 tha q-a
g a w g rhe pxwernent
by NI T%k?SlTaf -ewds nod sen*
as wc1i as thc deb-&
snpcasion and disqdiilarion of persons from doing busincis with M
TXiWSIT. Wirh m a i n cxceptiOn3, the rules require all pzhims,
wh&u made as a resnit of f o d advertking. or orhcmise. to be made
on a mmpetirivc hsis. to &e awxirmm pmaiable cxteat, and
inlplwimt *L procurmait ;=qoinmcrtc; set f d in N J S , k .Z:Z-I er
SEq.
A kumative re*
af each of subcbnptm IQ 1lQWS:
Subcfiapts 1. Genemi Rn./isimdescribes rhe , p c d p d s i o n s ,
iyplide to Sjf pxvcmcno. inclltdir,g Ihe m&%d ~f pmcurmmt aad
the fficpps by
she pblic m;ry secure idr~pationabom fhe bidding
pmces nnduad by W TRANSIT.
hbcbptts LBidding k r d - w s , dezmiks the bidding pcedrw of
KJ~
U S r r .
SuSchpta 3, Rqtlcsa far Proposals. d d e s the pmcedme'tobe
w d k kq e r l p e s l fa proposal p-w.
Sdxhaprer 5, D t b m z t ~ Surpensioa
,
sud I3iqnarer%cadan
of Persaw,
h c n h the p a s t'ut d&arzmnr, suzpdon and disquakscuion
'IbE mlts prop& for d o , p r i o u ai N3A.C. 16~72art proposed far
~ 0 d m c nss
l fdows:
N J A C . lS:72-t.1 ha;s bceo mxmkd to add a websitr addns as e
soarc= fcp p1Sk irrform3dm.
H.1Sr.C.15:'i2-L2 tijs ban amended W drtiete "(prpx'a\4"between
"bid" and 'km5ons and &the l k s z s e r t f a u btu two sm-.
The &-.st stotence in N.3A.C. 16:72-2,3(c) has been arnended to add
"nr" b c m ":ab~r"and "mrcriais" for claiifbiirrn purposes.
NL.4.C 1&72-2.6@) has been amended to pruviilc a ,@unsrs'iiwl
cnmminn
NJ.A.C16:72-2.13(e) &is been d e d to d&fy
the acronym
"EEQ' and "DBF stand far "QdEmpIo)+=nr Qppaaunitf and
" D i s a d ~ ~ g eBdu s i ~ a Ent~rise,"
s
bnd tn d d film tq ~ m p t with
y
mc *SmaII Business Erxefprise (SBW rwimncnts tro t
b moss why
bids
be r<&
KJ.A.C. 1&71--3-1 has bee$ m~.*d to correct h e &enc=
rn
N U C . C.6:72-15{~),rhe mbection tequiring a q u e s : far p m p d .
NJ.A.I=. 16:72-3.4!a) bas been amt:edd tn d m g c 51wrfy~in "-&
public i n h a t " to "in N3 7RLVSl'l"s hracst" sn &at the .fast L ~ ~ C
of r)te -subsecd~rrsnks " X q u a far
~ PtapssaLr should not bo czuwatd
M~CSS caacekrion is in iW TIL~NST~S
inkre* ach ~ k t r!is
no longer a requirement for the fuYiceS or d u e ; ~ t q d m t t l t rt~ t4c RFP
u.ould be of such ma-@ride thaz a nm RFP is d d k h
K.3A.C. 16:72-3.7 has brra m d e d tu add "cstabfishcd by N3
?TUXST b cbriSp hat NJ 3241SSfi will estabiish &e g e n d
e~dnatim
W
a for pposais.
N.J.A.C. 16:72-3.12 tm betn mded lo delete "win be most
ad~mtagcousto" aft= "proposU and rep& it with ' i s in rhe heat
interest of',hN TRah'ST,
KJ.AC. 16:731.I(iQ13 hi b n iimcn&d 3 gramrn;l$c9Z1:4 correct
rhe pampph by deleting a pexiod cad replating i t tsith ;i srhicolon.
As h'J TIttUSE Lns pro>*,idrba BO-day cmmmr perid on ~ l i noticz
s
cf g ~ ~ s a tlhi,s notict is excepkd f.om rhe mkg-&ing calendar
reqrrimmn~s,punuant 10 NNJ-4C. I;M-33(.aE.
Sociaiknpast
D c Nie5 prspwed far m;loptim
amendmen& at NJA.C j hi2
cKfll matirrJe co affect W TIUCh'SrT's ability to pmvi& Sfaaxide W.:
scnica tn the public an a daily basis and to &ae
W TR.sLU,ST'r
capid hprmimp~orzmurpmpxziz
t
rsuIfing in a bcn=i qnatity d m - c e s tu
the pubiic and efir Mpr~vcmetZand d n t m m c c d the infmszucaue fq
be pnblic's use in the fusmz The pmzekxs Minwtvd in the mks
wvidc pr&n
af W inbf h e g a d p b I 2 ir ci the
individual hid&.
me prapasrd amendments ensure thar the dix
coinply with drip, legislation and p g z m tha promote small
-m
parri-oa
b ~9 m a r r B
.
l?DJnmlmpatt
NI TTWYSTT fa *xe
5829.7 d 5 o n in &m
y r r 2OQ2,
G48.A d t i o n in c&?ndiK yeas ' a 3 &ad $756.2 mil& id wiwxkr year
ZW, 'ur t!! ptbcnnmtnt d goods d swkes for Ebe maintm;l3cs and
capi~a1i m p r o v e of P e N$ i f X S l T spTfrt &a&
uriTition of a compcdtiw bidding system u n be expeed to provide
camomis to the State which
wt aMilahIc *ut
sud a
Banding is q u i d o l certain bid&, based
tirr p&ic amact,
'th custs of prcpadng a bid or p m p d would vary, c k p d i u g qa the
~ c a r i o n s o hindiWreqrr=scfmpKroposals.
f
Tkc pmpased snmdments nsm dst dei comply Klrh kFlzdor.
ad p-gam tfiat pmmw small kkess pa?ic?pdcn h p r m m a r s .
Z :
(NJT Board-5/9/06)
PRO P U S U S
wat
S p S d l y , fiie prcwed smclrlmu
&e bi&g h b o i d r~
1. Fiks ;ideq.:ate f i n d ZSOLLTCS, ar the prrscntly mS& JZry
cqiy
wih ?i.I.S,-L
52:s-1 and add can-corqiiaricewi& thz m~rr;i tn OQ&
sacit sour;^, as r q u k d d r i ttrr p d c ~ ~ of
c zh e
rcq.wf:nauof the K a v 3S a d B&cn Ezlnrprise p r c , ~ as a
mmu, d adquaze sc.xie ?. s
t=thewise h i s h e &
for bid rcjerri~n. By a ~ p l y i r gwv& k c quirzmmrs of the
2-7.
cha~gcl
S d Business &tz!yrisz prpcogmzzi, O i J b a~ ~ F P likely
:
to b,-c ~m;tll
@He)(h-o c h g c )
hsizer;srs as &r=uaDae~n.
L6..72-15
Federal h d m d s Shtcwa
A Wed stand& malysis is not mpired h u s c the requir~rneas
of his rulemakin5 axe govd
by NJ.S..L 2725-11& art: sat subject
rt: any Fedad p m , , e r t ri-qd~ticns
nr s~~
Jabs Impact
nc mla pmposd for rcdoptian with nmdamts rviU not rcslil~in
kma&n or loss of jobs.
AgicuIfm Xmpacf Sotenaent
The rule p-opod for ~ ~ r x b p d owit3
n aracnhave no impact
a tkagricrtfture @say.
R@s&q ~Mbiliq:ii&&s
Tne &ZZS rm& fw re;ldoptim With pmendmcnrs qply fa dl
mtitits aishing rn do bainess with .
q7 R . S I T tsum of which m y f
x
small b u j i ~ ~ s s eas
s , the ~ ois.
dtfiotd in the Replatmy Reribility ACI,
XJ.SA 52.145-16 ct sq. The d r s rqnin that bids be suhincd in a
xpak6e.i m m c r , acrornpanicd by ho& in -P
wes, aud &st
deixrrnerr~% o x in s-wcified situations. Provisions in rhe d e s dovt for
smecdncnt and aegwtiaucn of inds, but no &Termtal -?ment has beta
spxifica8y provided for s ~ r w l lbusinesses. The n k s pruvide fnr c q d
maiinnt of businesses k &t biddins pmess, whrrier 1-e or mail, k~
Lhe in~zestof Mgh qwnlicy ~ m dmci
s senices a d fairnss to dl bid&.
fne professional mites reqnked ro c q i e t e he biGng pmc3s sz
s&rhccs m&n&y rqlrited far &e c ~ i 3 d a aof h y capital
pmjrct, br exampk, anCLliq, arc~unting, a g i m x i n g and &ga
nnwei. T)rhu prufessiorrnl srrvics W d pry. dcpcnc?inp, ups t
h
qedficaions 0: the aviw feqwsf far ~ n s a l s Thr:
.
cuss of
professional sedczs wiU vary, ckpenhg upon t
k ~ t i ~ of the
c s
indvidual quest far ppmposals. The costs of ~ ~ o l p l y i nwith
g the rut=
arc &;i~sed in & Ezmomic Tmpza. above. The p m p d mcndmcars
do not impose any rqsxing, r e c a d m e or cnmpfianct rrrpliremcnts
on mail b c s i n r , . .
Swrt Growth Impact
?he NICS prvprased for mdoption with amndmentx have no impact
on the xhievement cif mar: grolvth and implpmentadan of b e Sbtx
Ikvciapmnt and RedzveIop~eatPlan.
Methods d ;mesTfzicnf
(2) (Xu c-1
@) Quontim: ExcaF as pmtided in (cl sad <d) betow, p ~ ~ h s or
es
contracts not in cxes of the maaor: dctm&:d p ~ z ~ u toa Secnor,
t
2 of
P L 1954, c.48 C;\i,J.S-L 53:34-71shnti be m8k
.
I. -2. (No cbngr)
3. FIX p d ; l j a frnm SiS,CWI trp to [$25,OC?Q thtt nmmrrt
u'iim q ~ t i s .
determined in (3)a&~re minimnm CF
-
(c) (No
[a~
~ e n t - b y ~ ' ~ m The
p t ircquirenents
~ ~ :
nf (a}, (b] a d
c i r n . ~ r n ~ and
x s the
purcfrnseor cantract macfc in such manner as the Exetntivt Fkector;
w
or her ddgnee, may d e t e m i ~ eis in the best interest of Fi,J
TRhLYSIT:
1.-14. (E.16change.)
(a)-@) (30change.)
[c) a b w m y be n.a&ed ttcdc rhe followixvg
Bids bands
A bid [(pra@sd)J bond or a d@t
1&72-22
tonsisring d a m h i 4 ' 8 ckck.
tke order of NJ
TRAiYSiT in a amount tu bt datermbcd by W TRXXSTT, but not
exceeding 50 percent af the bid, shall accompmy dl bids io sen= 3s a
g u m t e e ihar tfie bidder wiU, -on zccrpkw.02 d its h i 4 ~:.~ecux
such
contmcttd documents as may be mpkd wkhh la working d q s &
i-qu
of a dolice of lntcm to &ward [TI Any bmds submit&
pumanr to this &m musr be executed by SWCQ m;aesaies t b d
do business in the St3.z of New Jcrscy. Any fertas of credit shaQ
issuedby f i w y j i s m d l%ancizl instint&u&
cedficd
C ~ C C
or~Lm~ac;lblc
le--
of
CTC&Idraw3 to
PufOlma~Icea d pa-I
bands
194)btro c h w . )
[cf.ln ~ccordancewftk NJ-S-4. iL44-143 at; aandr& a p~pms
band not to excctd 1CU percent af the ccmh'rt @a shid -be required of
16:72-23
tbt sucEessfnlhidda &en a o n k a c t for pubk b ~ ~ gar so?he
, pubtic
works or imprcvemedcs is awzrded to pmtecr &ms or ptrsahs supplying
labor materids to the contmctorlsulKantractor for thz p r h r m m ~ of
e
wark pmvidcd for in the conmct. The bond F e a t a g e requird, based
upon M l"R&VSTs jss&ssmentof the &5
prrSestLd tct the State by tts
type of cantract anrl other relevant fzectictors, shall be i d e d e d in the bid
d w m n t s p* to rhe contFacl bid&% b e NI ?RAtYSR nay H S Y ~
tho bond nqcikment entireb if
it't -tract
is for a mrn nor ixceeding
S?DO,CGQ. In h b . r m i h g wh!!er ro w i v e the bond r~quirement, M
TRANSrr skztl cconsida rfio £Duowing
1.~3.(Nochange.]
(444 m o c h a s J
i5:33-Ll Wqcc for public irdormnl~a
R pltblic mqp -iu+
inicrmtio~cqnrenirng ?JJ IR~NSJTS 1632-2.6 Cinceof In:ic360~3befwc opening
'pc-t
pmbv ct?ntJ&g thc Procwcmmt Dcpamnent, N l
(a) Imitations for B i b should naI be c ~ e f l e d
untess carsrllatiun is
nteuSIT, One Feu P k i W Newark New Sasey 07 105-2246OF
in NI TR,4N5F[S]s inrercss such as whsr there h no Lorr,~ 3
wm~.uitrazlsi~c~m/db~t,r~btmI.
requifor the supplies or senices w w k r c soxendrne~sla k
lnvintion woad ?xof smh m p i m d e &at a nw b~viratianis desinblc.
16:77--71 Dtfuririm
!No Jothangr)
The Folhwkg words. and m,w b used In thir cbapxer, SWh e
dx hcUoavkg mesringf uuim &C matext c f u l y indicatrs odmviar
115:72-2.13
RejectLm of i n d i d w bids
(a)-(dl (;achiinge.1
"DSaronnt" means an cxdnshn from NJ T R r L W conaacon
(e) Where a bM faih ta c ~ m p b
wkb all mataid mO/DBE]
tbbasis d a lack of rrsl;an&iiiry c v i d u m d by an
failw[,]
m
EmpIayment O p p a W Q WO], '.Disabt?ged B a d s e s
inadtquacy af perfammu; fur a m m n a b k p i m i of &me
htql*
@BE), end smsu B d e s s l h h s p r h
reqenh'
Ca-XUrate
W&
cb rrriousnes of the @ueie,
or
t q i r w d i n k n ~ ~ u f a r B i d f t t i e b shallbc~itcrcd
id
-GY
of p=1
- Sotidppsab
./.
mosats-fm pmftssiad ZS
&
I sESd
C&RS
&hallbe soba
1&72-1.4 RapomBie cm~cxors
a m e r a h i d m a x i m h ~ ibc opparCd3 fat c~mpctiE~n
tmLss
(a1 P r c m z e ~ ~ ~
&dl
c a ~be nade fruq and c o a r m s sh-&Ibr awarded
o&crwk p w i d d in N.JXC. 16:72-[1.6(c)] 15(c).
to. q o d l e amtrarm oniy. A rqunsible cmrratun is
who
k M'tawbgshipdPtd5:
fahcu
(NJT Board-5/9/06)
37439
I &?2-3.4 G;..cc!I&on oirzqulsts k f o r ~o@g
(af it.purs for Propcsak shooid cot 'w: uanclld anlrss canccilatim
is [dm-lyj in [the p A ~ I kXJ
j 'IRtYST'?;imeres~,such ar w h z rhm is
no lon,~ a mquir=~mr
fathe saircs m V&R.
smendxiests to rhc IU?Z
ivauE3. be of such ,mgni~rdcttisl a rick. RFP 5 d&-abIc.
I. 0, drn~.')
153-3.7 E ~ > ~ r of
i c~na p o s d s
h
@
s h l i bz spe~cd,c%dm&Cfmd ranked cmsIsteni wi& Sate
anJiu: Fmkr~IIau'. General cualu&on c . M a ~itabli~herl
by NJ
TRiGYSPT sb3U be d n d in die RFP.
1672-3.12 Xwnrd
Unless dl prcpwfs are r i d , 3%-ards;!d b made to &at
mpasibie pnposa ~ ~ b pmposai.
s e
codarm&
to h R w e s t far
Fmpu&.. fw?1he mcst &tmt;ig~ul;
b j u in the he~binterest af XJ
TRA,USrr.
i6:723.1 C w far debamat of aprsnn4)
(21 In the public injzrcst h3 TRlLXSZT shall debar a penon for my of
rfrefdowing unses:
1.-12 (No change.)
13, ~ t u r n e z by
t n m r o-Lbudqm9.nent or agency in thc executive
bTih[J ;
14.-13. (No&a~gc)
(b) (So cirul~gc)
revme md p q h e a-tied fax thertlon. See Nd.hC. 195h15jcff
md 1.7.
'Ibis notice of proposal is not ?
w
e
d
m be r = i e r a A i? a
-g
cdendY sin= a @kc c a m e n %W c d uf 60 &pIS Sac2
pmvided. k+;tilJ.P..C. 1:30-13(a,i.
Social Empan
The p-spad amrnbmem shculd not haw say
kpx?5-r
&ey u d d siapiy ~ b n c =
the hqueocy of a pmdm ?!hat dors not
involve the gcnt;al p~lblbllc.
Eeanornir hnpact
By rcdudng the f=aqmncy d m&tor). cair. & ~ p sand pro*iditg e
casino ficmsi= with a d d i ; i d flnibiliiry iu c d n c * cain Amp. the
proposed a m e n h e m m y pm*ide soDe cost savings additihnal
cEdency for casino lic-msea. Since a L G I S ~l~ i~ c a ahicfj
~
does sat
conduct ye&y win drops is dl
ro esEimare its gws revenue
and pay the atimzitd tax. thctcdn wt~kly,rha redvction in
bps
would not rcducc rhr amount ar frequency oi i~
k x paym6xs. Fmafiy,
since a coin drop requires 4 slot machines in rhe immediate a ~ c 3to k
rmporuily p t m d out of s f i c e , less * a t
coin &up would dso
Rsult in less dawn dnx f
a the slal machines in quadoc.
F e d c d Smndards Statement
A Federd S
W malysis
~
is not required beeawe ihc anc~d?i';i~
contamed in &s proposai are mm-ared by a e prosisioas d iht Cssinn
Control Acf N.J.SA 5:12-1 d req., and a s nct subjsr to my &&A
Jabs rmpad
nor expedcrf io r c d t in any incroe- or
The propo-sd amcndrncms
decrease in L$e p d a o f jobs at Ahtic City casinos, and nu ~WDCL
3of he CCQMUIyk 3l'.ti&JZkd.
Upon my
CASINO COMRQL GOMMISSWN
Gaming Equipment
Removal of Slat Drop Buckets and SIat Dmp Boxes
Proposed Amendment N.J.A.C. 1&45-1-42
Anrhorizsl By.h i n o Control C o m h s i o q Linda M. lkisckmt.
c3ii.
Acthnrity: U.S.A. 5 : f 2-5.63.59,70,99and IOU.
Cifendar Reference: See SUEI- below for apkmaurion af
escepfioa to ca!enda.r requirement.
Pmposal Nurrhr: PRN 2005-417.
Submt ~ 6 corncots
~ 3 by Fcbnmy 17;2306 to:
w 3.srilimt. SeIlior CoIIR5rl
Ca..iLrb Contml Camisl;im
-
Xrcrtde F
i
~
~
Tmncsscc A v a e and che Bbsrixdk
.&km.fjc Ciy. S:J,g8403
hgkdlture Indmtq h p d
The pmposed m c h s till na haw my ,hpa u r n
sgtia1nueindusq.
R e g u k q Ffesiiili$ Sh$unurt
'Ibr pmposed amcndmehfs would afiett ~etinoI~~~IEZXS. mr of
which is n " d l badness" wif5in k m i n g of t
kR q ~ k s y
Fl~xjhilir).Act, NJ.S.A. 52148-16 ei seq, k n s c they employ mom
than I@ ptriuns full-time in lh St3te of Sew Jeniy. ~%ccordigty,no
rclgulucnry flmiilitysatmcnt is ~ q ~ r i f e d .
Smart GwwLh Impact
The p;oposs5 % ! m n wnoufd haul; ao inpau on the achievemd
of s m gmwtk and implemmratiun of
Smtc De~~icpmerri
md
Redevelopmenr Plan.
$&t text of the pruposal f o l l a ~ (additions
s
kdicasd ia baldfaw thas;
deMaos indifxed in b c W T h D :
drap k- ~1stdqp b e ~ aEd
e ~slat w h
storage boxes; unsecured curenby; *tc: readbfj
(ajFor each dot m a a n e and art3ificd bill Efiangu on the &g
C ~ t n m i s s rc~Iz,roI.,tjoas
i~~
presentIy q u i r e ti-i removal of coins and
h,
the dot &np bwket, slot bop box and sla u s b s m g e box skid
slut tkws (a "coil drop"] fmm slor machines FA Ic3St
e ~ e qmvcn
be removed at llrasr m e a m k on spsifkd days and at rimes
days- Sc-e N.JAC. 19:4S- 1,41(a),The freq~eaqof t
k ccoiL dtop msy be
dcsiyratd by the casino licasee en a sch~dmkwhich &ail be filed wirh
&&
to no !as ho n e 3 manth far dot mchiaes cannsted to an
the Ommission and the mvisicn. Hcmuar, a &so liccnset may, with
algmverl @ag
\.onk-S:r systsm, provided that tbe ; a s h L i ~ ~ e e priar Commission sppmud. establish 3 less hquent &ulc
for the
W%% iGetlcly estimrird mss rcMw repats in the imrim an6 p a p
mn~r;a!d dot drop .buck% and stot drop hazes fIom &asr slrP,
he hcmtid taxer tbci-&n
~c~
co-Fd
to a appm-al W
g MU&
s y s m pdder!
The _&g
b j u s k y s ' n t d use of -esmins vouchers bas
tbat a w&y slot drop estim;ne is rtpona in accordance H ~NIJ A C .
signi5uatIy r
i*
the use 5f coins and slot m b x s ir slat m c k
19:54-13[~)1;in tm @em shtd such skt bps oc;n less tiT- once iF
'45 2 m
1
1
,tt?b FruprXd ilimnLimenrs wadd m u dcrcst? ?be
m t h l ewry trPo mmths. In be ~t of floC cash storas boxcs, the
corn amps rn no less
aCYW IW W ~ S
s&&b
incindc the 51dn n ~ h e of
r slot v a h -s
boxes lo be
w e ; l ~ gof
rix slct ?Mchjns c r r r m to an appmved &&ng vw*-ha f y s m
remmd on a parfi~utarthy in Dtd m3 ky Z ~ 2%G slot drop baht,
U
o lifenstes could almys ~ U C Imin
- drops more frquedy, d rhal
slot drop box or slur cash stnra@ h x h q be empW or m u e d fmm
txscma n-zq
or d e s i i
its campYenmr ai pthm &an b e
spdfd 3n &u& s d r & l ~ ~ ~
W i g the fkqmcp af min drops s h o d not afta cdsina
w~ the qnzss approval of the Corumrssian. Prim to Ux stan of fit
licmsd3
-=sf r r ~ ~ n acd&ti~ns
e
or rhc Swe's d& ~percrnm
x W & dot cash storage box rnlleztlonm,a &a k q m ~ @ ~ ~ y x
ch-.-=an. For a c h w u k in which an xad slnt drop does not o w , a
M a sfid be nf& rn isrein as a drop t a n supr%iscrshaR pahm s
cask10Licusee nmld be requkd to file weekly eszhm~csof its p a
ph@cal c ~ u maf the stor cash s t a g e bats rexmd horn s h a g s t~
19~45-I
A2 K m a i af
37440
(NJT Board-5/9/06)
EXHIBIT C
REGULATIONS: READOPTION WlTH AMENDMENTS OF
N.J.A.C. 16:72 PROCUREMENT POLICIES AND PROCEDURES
PROPOSED AMENDMENTS
The rules proposed far readoption at N.J.A.C. 16:72 are proposed for amendment as
~follows:
N.J.A.C. 16:72-1.1 has been amended to add a website address as a source for public
information.
The definition of "debarment" in N.J.A.C. 16:72-1.2 has been amended to delete
commas to ciarify.the meaning of the sentence.
N.J.A.C. 16:72-1.4(a) has been amended to change "procurementn to the plural form.
N.J.A.C. 16:72-1.4(a)(1) has been amended to add a ,comma for grammatical
clarification.
N.J.A.C. 16:72-1.5(b)(3) has been amended to change the range maximum from
$25,000 to "the amount determined in [N.J.A.C. 16:72-1.5](a) above." This change
accommodates changes to the bidding threshold made by the Governor of New Jersey
in accordance with N.J.S.A. 52:34-7;
N.J.A.C. 16:72-1.5(d), providing for a waiver of the requirements of subsection (a), (b)
and (c) in specified circumstances, has been amended to add "and the purchase or
contract made in such manner as the Executive Director, or his or her designee, may
determine is in the best interest of NJ TRANSIT."
N.J.A.C. 16:72-2.2 has been amended to delete "(proposal)" between "bidJ'and "bond"
and make the first sentence into two sentences.
The first sentence in N.J.A.C. 16:72-2.3(c) has been amended to add "or" between
"labor" and "materials" for clarificat;'on purposes.
N.J.A.C. 16:72-2.6(a) has been amended to provide a grammatical correction.
N.J.A.C. 16:72-2.13(e) has been amended to clarify that the acronyms "EEO" and
"DBE" stand for "Equal Employment Opportunitf and "Disadvantaged Business
Enterprise," and to add failure to comply with the "Small Business Enterprise (SBE)"
requirements to the reasons why bids will be rejected.
N.J.A.C. 16:72-3.1 has been amended to correct the reference to N.J.A.C. 16:72-1.5(c),
the subsection requiring a request for proposal.
N.J.A.C. 16:72-3.4(a) has been amended to change "clearly" in "the public interest" to
"in NJ TRANSIT'S interest" so that the first sentence of the subsection states, "Requests
'
37441
(NJT Board-5/9/06)
EXHIBIT C
for Proposals should not be cancelled unless cancellation.is in NJ TRANSIT'S interest,
such as where there is no longer a requirement for the services or where amendments
to the RFP would be of such magnitude that a new RFP is desirable."
N.J.A.C. 16:72-3.7 has been amended to add "established by NJ TRANSIT" to clarify
that NJ TRANSIT will establish the general evaluation criteria for proposals.
N.J.A.C. 16:72-3.12 has been amended to delete "will be most advantageous to" affer
"proposal"and replace it with "is in the best interest of' NJ TRANSIT.
N.J.A.C. 16:72-4.1(a)(13)has been amended to grammatically correct the paragraph by
deleting a period and replacing it with a semicolon.