Contract Compliance
Foster and expand the participation of traditionally disadvantaged businesses in Commission projects
Bidders and consultants are encouraged to meet or exceed 25-percent-participation targets of traditionally disadvantaged businesses through the use of Identified Business Enterprises (IBEs) in their Commission contracts .
An IBE is any duly-certified business enterprise acceptable to the Commission. These include – but are not limited to – Small Business Enterprise (SBE), Minority Business Enterprise (MBE), Women Business Enterprise (WBE), Disadvantaged Business Enterprise (DBE), Veteran Business Enterprise (VBE), or Disabled Business Enterprise (DsBE).
Under the program, bidders and consultants are encouraged to meet or exceed 25 percent participation targets of IBEs in their respective contracts with the Commission. However, bidders and consultants may comply with the program’s policy aims so long as they make – and document – “good faith efforts” to allow for IBE participations in the their Commission-issued contracts. The Commission will monitor the participation of IBEs in Commission projects and will periodically report on participation and compliance.
Reporting Requirements
IBE Compliance Forms
Individual files may be downloaded in Word and completed as part of a submission of a bid or proposal.
Profession Services Requirements may be found under the Online Reporting Requirements column.
Construction Services Requirements may be found under the Online Reporting Requirements column.
Online Reporting Requirements
Online reporting system for Payment Verification and Certified Payroll Reporting.
Program Requirements:
Payment Verification: Prime Consultants must also report their IBE subconsultant(s) payments into Autocene for verification within seven (7) days of receipt of payment from the Commission.
To register for Autocene, please contact Christine Baker at cbaker@drjtbc.org to receive the promotional code.
IBE Performance: All Prime Consultants’ IBE performance will be posted on the Compliance Performance Reports page.
Program Requirements:
Certified Payroll: Prime Contractors and their subcontractors are required to upload their weekly certified payrolls into Autocene.
Payment Verification: Prime Contractors must also report their IBE subcontractor(s) payments into Autocene for verification within seven (7) days of receipt of payment from the Commission.
To register for Autocene, please contact Christine Baker at cbaker@drjtbc.org to receive the promotional code.
IBE Performance: All Prime Contractors’ IBE performance will be posted on the Compliance Performance Reports page.
Compliance Performance Reports
The Contract Compliance Department monitors ongoing Prime Contractor and Prime Consultant IBE participation towards meeting the Commission’s 25% IBE Program Target.
Online Compliance Reporting (Elation)
The Commission now uses Elation Systems for Payment Verification and Certified Payroll Reporting. There are no associated fees. Online training on how to use Elation Systems is available and required. Individuals may access the online training after registering in the system. Learn more about compliance reporting requirements.
Registration/User Login for Elation Systems
Elation Customer Support
Email: Support@elationsystems.com
IBE Certification Resources
Business Certification(s) –
The Commission does not accept Self-Certifications
The following are six (6) certifications acceptable by the Commission. Click on each one to view eligibility requirements.
A business that is a sole proprietorship, partnership, joint venture or corporation which is at least 51% owned, controlled and operated by one or more persons who are African-American, Latino or Asian-American; and whose management and daily operations are controlled by one or more of the African-Americans, Hispanics or Asian-Americans who own it.
A business that is a sole proprietorship, partnership, joint venture or corporation which is at least 51% owned, controlled and operated by a woman or women; and whose management and daily operations are controlled by one or more of the women.
A DBE is a small, for-profit business concern that:
- Is at least 51 percent owned by one or more individuals who are socially and economically disadvantaged, or in the case of a corporation, in which 51 % of the stock is owned by one or more such individuals.
(Note: Owners must be able to establish at least 51% ownership through real and substantial investment of capital.) - Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it.
(Note: Owners must possess the power and expertise to control the daily operations and management of the firm.) - Meets all certification criteria under 49 CFR Part 26.
(Note: Socially disadvantaged individuals are people the federal government has concluded, based on historical and anecdotal evidence, may be subject to racial or ethnic prejudice or cultural bias within American society because of their identity as members of a group, without regard to their individual qualities.)
- Groups presumed by the federal government to be socially disadvantaged include women, African-Americans, Hispanic-Americans, Native-Americans, Asian-Pacific Americans, and Asian-Indian.
- To qualify as a DBE, owners must be able to document that their adjusted personal net worth does not exceed $750,000, after excluding the individual’s ownership interest in the firm and the equity value of the individual’s primary residence.
- The disadvantaged owner must be a U.S. citizen or lawfully admitted permanent resident of the United States.
- The firm must meet U.S. DOT gross receipt averaged over a three-year period of no more than $17.42 million, as it may be adjusted by the Secretary of Transportation from time to time.
New Jersey Small Business Set-Aside Program’s criteria as set forth in N.J.A.C. 17:13 and/or 17:14 are as follows:
- For goods and services contracts, small businesses with no more than 100 full-time employees will be registered in one of the following three categories:
- Small businesses whose gross revenues do not exceed $500,000
- Small businesses whose gross revenues do not exceed $5 million
- Small businesses whose gross revenues do not exceed $12 million or the applicable federal revenue standards established at 13 CFR 121.201, incorporated herein by reference, whichever is higher, as may be adjusted periodically
- For state construction contracts, small businesses with no more than 100 full-time employees will be registered in one of the following three (3) categories:
- Small businesses with gross revenues that do not exceed $3 million.
- Small businesses with gross revenues that do not exceed 50% of the applicable annual revenue standards set forth in federal regulation at 13 CFR 121.201, incorporated herein by reference, and as may be adjusted periodically.
- Small business with gross revenues that do not exceed the applicable annual revenue standards set forth in federal regulation at 13 CFR 121.201, incorporated herein by reference, as may be adjusted periodically.
- The business must be independently owned and operated, with management being responsible for both its daily and long-term operation, as well as owning at least 51 percent interest in the business.
- Businesses must be incorporated or registered with the Division of Revenue & Enterprise Services to do business in the State and have its principal place of business in New Jersey, defined when:
- 51 percent or more of its employees work in New Jersey supported by paid New Jersey unemployment taxes or;
- 51% or more of its business operations/activities occur in New Jersey supported by income and/or business tax returns.
- The business must be a sole proprietorship, partnership, limited liability company or corporation with 100 or fewer employees in full-time positions, not including:
- Seasonal and part-time employees employed for less than 90 days, if seasonal and casual part-time employment are common to that industry and
- Consultants employed under contracts for which the business wants to be eligible as a small business.
- The Veteran owner(s) have direct, unconditional ownership of at least 51percent of the company (38 CFR 74.3) and have full decision making authority (38 CFR 74.4 (g));
- The Veteran manages the company on both a strategic policy and a day-to-day basis (38 CFR 74.4); The Veteran holds the highest officer position (38 CFR 74.4(c) (2));
- The Veteran should be the highest compensated employee unless there is a logical explanation otherwise, submitted by the Veteran as to how taking a lower salary than other employee(s) helps the business (38 CFR 74.4 (g) (3));
- And The Veteran has the managerial experience of the extent and complexity needed to manage the company. The Applicant bears the burden of proof of adequately establishing its claimed status.
- Be at least 51% owned, operated, managed and controlled by individuals with a disability or service-disabled veterans who are either U.S. citizens or lawful permanent residents;
- Exercise independence from any other business enterprise;
- Have its principal place of business (headquarters) in the United States;
- Have been formed as a legal entity in the United States.
Certification Agencies
An IBE is any duly-certified Identified Business Enterprise (IBE) acceptable to the Commission. Get certified by any of the following agencies:
IBE Database Application
Register to be listed in the Commission’s IBE Firms Directory as a certified potential subcontractor(s) or subconsultant(s), visible to Prime Contractors and Prime Consultants.
IBE Firms Directory
This Directory is made available for Prime Contractors and Prime Consultants to view IBE certified Subcontractor(s) and Subconsultant(s) for potential consideration of subcontracts.
Contact Information
The Commission has assigned two employees to administer its Contract Compliance Program, monitor participation, and assist the contractor/consulting community in compliance and documentation.
Christine Baker
Director of Contract Compliance
Biography
Nicholas Haynes
Manager of Contract Compliance
