The Attorney General of New Jersey (the “Attorney General”), through the Department of Law and Public Safety, Division of Law (the “Division”) serves as the legal representative and counsel for the departments, boards, offices, commissions and other instrumentalities of State government, its officers and employees. 

The Attorney General seeks proposals for firms to serve as Special Counsel to represent the New Jersey Motor Vehicle Commission (“MVC”) (“Special Counsel”) in contested fatal accident driver’s license suspension cases before the New Jersey Office of Administrative Law (“OAL”). You are invited to submit a proposal to serve as Special Counsel.

1.2       The Attorney General will designate one or more attorneys from the Division who will be the sole point(s) of contact for all matters pertaining to this engagement and who will oversee and coordinate the activities of Special Counsel.

1.3       The firm(s) appointed as Special Counsel must comply with all local, state, and federal laws, rules, and regulations applicable to the engagement and to the services to be performed thereunder.

1.4       Compensation for the firm(s) appointed to serve as Special Counsel is set forth in Section 5.5.

AT A MINIMUM, RESPONDING FIRMS MUST HAVE THE FOLLOWING QUALIFICATIONS:

Partner(s) with five or more years of experience and/or associate(s) with two or more years of experience with contested cases before the OAL or administrative proceedings before the MVC.

Failure by a firm to meet these minimum requirements will result in the proposal’s immediate rejection.

The term of the Special Counsel designation made pursuant to this RFQ will be from the notification that the firm has been designated and approved as Special Counsel for MVC Fatal Accident Driver’s License Suspension Cases until a new list of firms is designated and approved for the same practice area, and for a sufficient period to complete all matters for which the firm has been retained.

The firm(s) selected as Special Counsel will be required to handle all aspects of providing representation to the MVC in contested fatal accident driver’s license suspension cases pursuant to N.J.S.A. 39:5-30 before the OAL.

Proposals must respond to each of the following requests in the order indicated. Please provide the information requested below for all counsel who may perform any of the requested services.

5.1 Firm Profile and Experience

5.2 Qualifications and Experience in the Subject Area of Law

In addition, for each member of your firm that would be involved in handling the matter as Special Counsel, provide a detailed resume including information as to:

(i)        Education, including advanced degrees;

(ii)       Years and jurisdictions of admission to practice;

(iii)      Number of years engaged in practice pertaining to the OAL or MVC;

(iv)      General work experience;

(v)        Up to three (3) examples that demonstrate the qualifications of these individuals relevant to the anticipated assignments; indicate in each case the role the individual had in the matter and whether or not the individual participated in the matter on behalf of your firm;

(vi)      Any professional distinctions (e.g., certifications, teaching experience); and

(vii)      Office location of the attorney.

5.3 Other Qualification Information

E. Outside Counsel Guidelines

Outside Counsel Guidelines. Counsel designated as Special Counsel and retained on any specific matter shall be required to comply with the Outside Counsel Guidelines (“Guidelines”) available for review at: Revised_Outside_Counsel_Guidelines_2022.pdf (nj.gov). The Guidelines may be updated from time to time. Such updates will be available at Outside Counsel - New Jersey Office of Attorney General (njoag.gov). If your firm is appointed to serve as Special Counsel, it shall abide by the Guidelines as written, as well as by any updates that may be made during the term.

(a)        Conflict of Interest. Section III of the Guidelines requires that counsel be free of any conflict of interest.  Please note that state agencies and departments, as public entities, are precluded by the Rules of Professional Conduct from waiving conflicts of interest.  See RPC 1.7(a)(2) and RPC 1.7(b)(2).  If your firm is designated as Special Counsel, you have a continuing obligation during the term to disclose to the Attorney General of New Jersey any actual or potential conflicts. Additionally, retained counsel shall not disclose any confidential information learned or received in any way as part of a retention, either during the retention or at any time after the retention has concluded. 

(b)        Costs.  Special Counsel shall have resources sufficient to advance all costs, including the costs of any necessary experts. Billing for costs shall be done in accordance with the Guidelines.

F. Confirm that upon selection as Special Counsel, your firm will provide the updated Ownership Disclosure, Affirmative Action Supplement with Affirmative Action Employee Information Report and the certifications required by Public Law 2005, Chapters 51 and 271, Executive Order 117 (Corzine 2005), Public Law 2012, Chapter 25 and Public Law 2022, Chapter 3, as further explained in Exhibit A. These forms are initially required by the RFQ and then required by law again at any retention.

G. Provide any additional information that may be relevant to the section process.

5.4 Additional Requirements for all Office of the Attorney General, Division of Law Retention Agreements

A. The Additional Requirements set forth in Exhibit A are material terms of any retention resulting from this RFQ. Your proposal must include all completed and signed required state law compliance forms set forth therein.

B. Additional Submission Requirements for Office of the Attorney General – Diversity Questionnaire, Exhibit B. Your proposal must include a completed Diversity Questionnaire, provided in Exhibit B.

5.5 Fees

Fees for the term of this Special Counsel designation and any retention as a result of the designation shall be:

Partners:          $250 per hour

Associates:      $200 per hour

Law Assistants (Law Student Clerks/Summer Associates):  $125 per hour

Paralegals:       $90 per hour

6.1       All responses to Requests for Qualifications must be submitted in their entirety through the Division of Law’s Online RFQ Portal. The RFQ Portal will not be operational until the RFQ question and answer period has ended.  

6.2      The Attorney General will accept questions pertaining to this RFQ from all potential bidders electronically. Questions shall be directed to Kavin K. Mistry, Deputy Director, Division of Law at the following e-mail address:

RFQQUESTIONS@LAW.NJOAG.GOV

Please note that the “subject” line of your e-mail must specifically reference this RFQ as follows: “Special Counsel RFQ for MVC Fatal Accidents.”

Questions will be accepted until 4:00 p.m. on March 12, 2024.
 

6.3       In the event the Attorney General determines that additional clarification to this RFQ or additional information is necessary, the Attorney General reserves the right to hold a conference call with eligible firms for the purpose of providing the same.

6.4       In the event that it becomes necessary to clarify or revise this RFQ, such clarification or revision will be by addendum. Any addendum to this RFQ will become part of this RFQ and part of any designation of a firm as Special Counsel as a result of this RFQ.

ALL RFQ ADDENDA WILL BE POSTED ON THE DEPARTMENT OF LAW AND

PUBLIC SAFETY, DIVISION OF LAW’S WEBSITE AT REQUEST FOR QUALIFICATIONS FOR SPECIAL COUNSEL - NEW JERSEY OFFICE OF ATTORNEY GENERAL (NJOAG.GOV).

ALL RFQ ADDENDA WILL ADDITIONALLY BE MERGED INTO THE ELECTRONIC APPLICATION TOOL BEFORE IT IS OPERATIONAL.

It is the sole responsibility of the firm to be knowledgeable of all addenda related to this RFQ.

6.5       The Attorney General reserves the right to interview the most qualified firms responding to this RFQ prior to making a final selection.

6.6      The Attorney General reserves the right to reject any and all proposals received in response to this RFQ, when determined to be in the Attorney General’s best interest, and to waive minor noncompliance in a proposal, modify or amend, with the consent of the submitting firms, any statement, and to effect any agreement deemed by the Attorney General to be in the best interest of the Attorney General, or the best interests of the Division of Law. The Attorney General further reserves the right to make such investigations as they deem necessary as to the qualifications of any and all firms submitting proposals in response to this RFQ. In the event that all proposals are rejected, the Attorney General reserves the right to re-solicit proposals.

6.7       All documents and information submitted in response to this RFQ generally shall be made available to the general public as required by applicable law.

6.8       Neither the State nor any of its agencies or departments will be responsible for any expenses in the preparation and/or presentation of the proposals and oral interviews, if any, or for the disclosure of any information or material received in connection with the solicitation, whether by negligence or otherwise.

6.9       Failure by a firm to meet the Minimum Qualifications set forth in Section 2.0 will result in the proposal’s immediate rejection.

7.1      All proposals will be reviewed to determine responsiveness. The Attorney General may reject non-responsive proposals without evaluation but may waive minor non-compliance. An Evaluation Committee will evaluate responsive proposals. The Evaluation Committee will have a minimum of three (3) members. The following evaluation criteria categories, separate or combined in some manner, and not necessarily listed in order of significance, will be used to evaluate proposals received in response to this RFQ.

A.          Knowledge and experience of named attorneys with contested cases before the OAL and administrative proceedings before the MVC;

B.          Resources of the firm;

C.          Approach to communication with the Division of Law; and

D.          Prior experience of the State with the firm and/or named attorneys.

7.2      Proposals will be ranked based on the above criteria. Special Counsel will be selected by the Attorney General. The Attorney General reserves the right to reject any and all responses to the RFQ; waive any requirements or minor informalities; modify or amend, with the consent of the submitting firms, any statement; and to effect any agreement deemed by the Attorney General to be in the best interests of the Attorney General, or the best interests of the State and its agencies and departments.

7.3      The Attorney General reserves the right, in the Attorney General’s sole discretion, to require interviews or oral presentations from the most qualified firms that submitted proposals prior to making a final determination.

7.4       Notification. The Division shall notify the firm(s) selected as Special Counsel and it shall be posted on the Division of Law’s website at: 

            Approved Special Counsel Lists - New Jersey Office of Attorney General (njoag.gov)

8.1       No endorsement: Designation as Special Counsel does not constitute an endorsement by the State of New Jersey, the Attorney General, or the Department of Law and Public Safety.

8.2       Effect of RFQ response: A response to this RFQ will not bind or otherwise obligate the State of New Jersey to engage the responding firm as Special Counsel.

8.3       Attorney General’s authority not constrained: Nothing in this RFQ is intended to limit or constrain the discretion of the Attorney General in exercising any authority, duty, prerogative, or power established or recognized by the State Constitution, statutes, Executive Orders, regulations, or case law.

8.4       Designation as Special Counsel: Selection of a firm as Special Counsel will not bind or otherwise obligate the Attorney General or any state agency or department to retain the listed firm for legal services. Selection of a firm as Special Counsel will not guarantee any other form of employment or engagement.

9.1      Special Counsel Designation. The firm(s) selected pursuant to this RFQ with the approval of the Attorney General and the Governor, will be the subject of a special counsel designation, pursuant to N.J.S.A. 52:17A-13. A firm may not represent any state agency or department unless it is given a special counsel designation. A special counsel designation, however, is not a retention for a specific matter and does not entitle a firm to be retained for a specific matter. The terms and conditions set forth in this RFQ shall be the terms and conditions of the Special Counsel designation.

9.2      Retention Letter. A firm may not represent any state agency or department or current or former employee of a state agency or department unless it also executes a retention letter for a specific matter or class of matters, which is then countersigned by an Assistant Attorney General in the Division of Law. The firm selected as Special Counsel may, from time to time, be contacted by the Division of Law to provide specific services. At that time, if the firm agrees to the retention, the firm may be required to submit updated certifications as required by Exhibit A and will receive a retention letter to countersign. The terms and conditions set forth in this RFQ shall be included in addition to the terms and conditions in the Retention Letter.

For the firm selected to serve as Special Counsel, the Attorney General or the Attorney General’s designee may evaluate the firm’s performance. The evaluation will focus on responsiveness, quality of work, adequacy and appropriate utilization of resources, adherence to invoice submission standards, and cost-effectiveness. The Attorney General or the Attorney General’s designee will advise each firm of any problem areas. If, as the result of one or more evaluations, the Attorney General determines, in the Attorney General’s sole discretion, that the firm should be removed from the engagement as Special Counsel, the firm may be removed after written notice is provided to the firm. Other than this written notice, nothing in this RFQ creates any rights, entitlements, privileges, or presumptions in favor of a law firm that would constrain the Attorney General’s authority to remove a firm from being Special Counsel.

Attachments:   Exhibit A – Additional Requirements for all Office of Attorney General, Division of Law Retention Agreements

                        Exhibit B –Diversity Questionnaire   

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Pursuant to N.J.S.A. 52:32-44 (b), if Special Counsel has one or more retention agreements for which the State will pay in excess of $37,500 during the State Fiscal Year (July 1 to June 30):

1.      Special Counsel that is a legal entity (e.g. corporation, LLC, partnership, LLC, et al.) must do one of the following:

          a. submit with the signed Retention Agreement a copy of its valid New Jersey Business Registration with the current entity name, address and EIN/TIN;  or

          b. if the business has changed its name, address or EIN/TIN since it registered, update those changed items in the Division of Revenue Business Registration System; or

          c. is not already registered with the New Jersey Division of Revenue, registration can be completed online at:

http://www.state.nj.us/treasury/revenue/busregcert.shtml;

or

2.       Special Counsel that is a natural person and is being retained and paid in her or his individual capacity (i.e. not under the name of an LLP or LLC), fill out New Jersey Form Reg A form and return the form to the address shown on the form and await notification of its registration, and then submit that to the Division with the signed retention.  The Form Reg A is found at:

https://www.state.nj.us/treasury/revenue/pdf/rega.pdf.

No Special Counsel shall be paid unless Special Counsel has a properly completed New Jersey State W-9 and Vendor Questionnaire on file with the State in NJStart.

If Special Counsel does not have a Business Registration, has not yet received back its Business Registration form from the New Jersey Division of Revenue, or has not obtained Business Registration with its current information, it will not be able to register with NJStart. One day after the Business Registration is complete, the Special Counsel will be able to register with NJStart. 

General Information including an explanatory video about NJStart is available at:
http://www.state.nj.us/treasury/purchase/vendor.shtml.

 
Use this link to register for or access the NJStart system: https://www.njstart.gov/bso/.

If Special Counsel has previously submitted a State of New Jersey W-9 and Vendor Questionnaire or has previously registered with NJStart, and has not changed its name, address or tax identification number, the firm need not register with NJStart. The firm should notify the Division of Law that its NJ Start Registration is current.   

 
Note: If at any time Special Counsel needs to revise its W-9 for any reason, including a change in firm name, address, or tax identification number, Special Counsel shall also be required to register to use NJStart, if it has not done so, and make the revisions to the W-9 and Vendor Questionnaire in the NJStart system.

The Ownership Disclosure addresses the requirements of N.J.S.A. 52:25-24.2 for any contract or retention agreement and must be completed and submitted either with the proposal or with the signed Retention Agreement.  The Retention Agreement cannot be finalized by the Division of Law unless and until the Ownership Disclosure is properly completed and accepted.  The form can be downloaded from the Department of Treasury website under the heading Vendor Forms.  It is located at:

http://www.state.nj.us/treasury/purchase/forms/OwnershipDisclosure.pdf.

The Affirmative Action Supplement with Affirmative Action Employee Information Report addresses the requirements of N.J.S.A. 10:5-31 to -34 and N.J.A.C. 17:27.3.1 et seq., for any contract or retention agreement.

1.    Special Counsel that have four or fewer employees:

If a Special Counsel has 4 or fewer employees, Special Counsel’s execution of these Additional Terms to the Retention Agreement will confirm that Special Counsel has the number of employees entered below:

 2.    Special Counsel who have five or more employees must do one of the following:

        a. Complete and submit the Employee Information Report, and pay the $150.00 fee electronically at:
https://www.state.nj.us/treasury/contract_compliance/; or

        b. Complete and submit the Employee Information Report either with the proposal or with the signed Retention Agreement.  The Retention Agreement is not completed unless and until the form is properly completed and submitted to the Division of Law, as well as to the Contract Compliance and Audit Unit within the New Jersey Department of Treasury, Division of Purchase and Property along with a $150.00 check.  The form can be downloaded from the Department of Treasury website under the heading Vendor Forms:
https://www.state.nj.us/treasury/purchase/forms.shtml;

or access the form directly at:
https://www.state.nj.us/treasury/contract_compliance/documents/pdf/forms/aa302.pdf

The instructions for the form are available at:
http://www.state.nj.us/treasury/purchase/forms/EmployeeInformationReportInstructions-aa302ins.pdf

or

        c. Present to the Division of Law a current Certificate of Employee Information Report issued by the Contract Compliance and Audit Unit within the New Jersey Department of Treasury, Division of Purchase and Property; or

        d. Present to the Division of Law, consistent with N.J.A.C. 17:27-4.3(a)(1), a copy of an existing federally approved or sanctioned affirmative action report.

Pursuant to N.J.S.A. 52:32-58, Special Counsel must certify that neither Special Counsel, nor one of its parents, subsidiaries, and/or affiliates (as explained in N.J.S.A. 52:32-56(e)(3)) is listed on the Department of the Treasury’s List of Persons or Entities Engaging in Prohibited Investment Activities in Iran and that neither is involved in any of the investment activities set forth in N.J.S.A. 52:32-56(f). If Special Counsel is unable to so certify, Special Counsel shall provide a detailed and precise description of such activities. The form is available at:

              http://www.state.nj.us/treasury/purchase/forms/DisclosureofInvestmentActivitiesinIran.pdf.

Prior to entering any Retention Agreement retention agreement under which the State will pay more than $17,500 to the Business Entity proposed as the Special Counsel, the Business Entity shall submit the Certification and Disclosure form, certifying that no contributions prohibited by Chapter 51 and EO 333 have been solicited or made by the Business Entity and reporting all contributions the Business Entity made during the preceding four years to any political organization organized under 26 U.S.C. 527 of the Internal Revenue Code that also meets the definition of a continuing political committee within the meaning of N.J.S.A. 19:44A-3(n) and N.J.A.C. 19:25-1.7. Additional information about Chapter 51 and Executive Order 333, is available at:

https://www.state.nj.us/treasury/purchase/execorder333.shtml

Please note that if you are using Microsoft Edge as your browser as well as some other browsers, you cannot simply double click on the link to the form on this page to open it. Instead when you double click on the link a dialogue box should open up and give you the option to download. Select Download. Then open your Adobe Acrobat program and open the downloaded file from there.

The required form and instructions for completion and submission to the Deputy Attorney General prior to the finalization of the Retention Agreement are available on the New Jersey Division of Purchase and Property’s website under the heading “Vendor Forms Required for Contract Award” at: 

https://www.state.nj.us/treasury/purchase/forms.shtml 

Note: If Special Counsel has not registered with NJStart, it will need to do so before submitting its Chapter 51 form. NJStart registration is necessary for the review of the Certification and Disclosure.

Note: The TIN/EIN must be identical on each of the Business Registration, NJStart Registration and Chapter 51 form. 

If the Special Counsel has a currently valid Two-Year Chapter 51/Executive Order 333 Vendor Certification approval from the New Jersey Division of Purchase and Property and has not made any contribution prohibited by Chapter 51, since the approval was issued the prior notice from the Chapter 51 Unit of the current two-year approval may be submitted to the Division of Law instead of a new form. 

Special Counsel is required, on a continuing basis, to report any contributions and solicitations Special Counsel makes during the term of the Retention Agreement, and any extension(s) thereof, at the time any such contribution or solicitation is made. Failure to do so is a breach of the Retention Agreement. 

Special Counsel’s failure to submit the form will preclude the Division of Law’s countersignature of the Retention Agreement under which the State will pay more than $17,500 to Special Counsel. The State Treasurer or his designee shall review the Disclosures submitted by the Special Counsel pursuant to this section, as well as any other pertinent information concerning the contributions or reports thereof by the intended Special Counsel, prior to award, or during the term of the retention agreement. If the State Treasurer determines that any contribution or action by the Special Counsel violated Chapter 51 and EO 333 the State Treasurer shall disqualify the Special Counsel from award of such contract. If the State Treasurer or its designees determines that any contribution or action constitutes a breach of contract that poses a conflict of interest, pursuant to Chapter 51 or EO 333, the State Treasurer shall disqualify the Special Counsel from award of such contract.

Pursuant to P.L. 2005, c.271 (“Chapter 271") every Business Entity contracting with the State is required to disclose its (and its principals’) political contributions within the immediately preceding twelve (12) month period.  No prospective Special Counsel will be precluded from being retained by virtue of the information provided in the Chapter 271 disclosure, provided the form is fully and accurately completed.  Prior to being retained, the Special Counsel anticipated to be selected will be required to submit Chapter 271 disclosures if the cost of Retention Agreement is anticipated to be in excess of $17,500.  This requirement is in addition to the requirements of Chapter 51 and EO 117.  The form is available at: 
                                                http://www.state.nj.us/treasury/purchase/forms/CertandDisc2706.pdf

Pursuant to P.L.2022, c. 3, a person or entity seeking to enter into or renew a contract for the provision of goods or services shall certify that it is not identified on the list of persons or entities engaging in prohibited activities in Russia or Belarus. Consistent with the federal law, the list of persons and entities engaging in prohibited activities in Russia or Belarus shall consist of all persons and entities appearing on the list of Specially Designated Nationals and Blocked Persons promulgated by the Office of Foreign Assets Control (OFAC) on account of activity relating to Russia or Belarus.   The form is available at:

DisclosureofProhibitedActivitesinRussiaBelarus.pdf (nj.gov)

The OFAC sanctions list can be searched at:
https://ofac.treasury.gov/sanctions-list-search-tool

The Department of the Treasury, Division of Administration has issued the following notice regarding N.J.S.A. 52:32-60.1 (Entities Engaged in Activities in Russia and Belarus):  https://nj.gov/treasury/administration/pdf/NoticeRussia.pdf.

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Source Disclosure Certification-All Consulting Service to be provided in the United States

Special Counsel’s execution of these Additional Terms to the Retention Agreement will confirm that Special Counsel agrees, in accordance with Executive Order 129 (2004) and N.J.S.A. 52:34-13.2 (P.L. 2005, c. 92), that all services performed for the Retention Agreement shall be performed within the United States.

In the event that all services performed for the Retention Agreement will NOT be performed within the United States, Special Counsel shall send the Deputy Attorney General who executes the Retention Agreement a letter that states with specificity the reasons why the services cannot be so performed.  Any such letter shall require review and approval pursuant to N.J.S.A. 52:34-14.2 prior to execution of this Retention Agreement or the delivery of the services which will not be performed within the US.  If the Letter cannot be approved, the Special Counsel cannot be retained.

A. Breach of Requirements of Chapter 51 and Executive Order 333 (2023) (Also referred to as “Pay to Play Restrictions,” N.J.S.A. 19:44A-20.13 to -20.25)

New Jersey law insulates the negotiation and award of State contracts from political contributions that posed a risk of improper influence, purchase of access or the appearance thereof. L. 2005, c. 51, as amended by the Elections Transparency Act, L. 2023, c.30, codified at N.J.S.A. 19:44A-20.13 to -20.25 (“Chapter 51”) and supplemented by Executive Order 333 (2023).

Thus, in retentions under which the State will pay more than $17,500 to Special Counsel, pursuant to the requirements of Chapter 51 and EO 333, it shall be a material breach of the terms of the Retention Agreement for Special Counsel to do any of the following during the term of the Retention Agreement:

1.     make or solicit a contribution in violation of the Chapter 51 or EO 333;

2.     knowingly conceal or misrepresent a contribution given or received;

3.     make or solicit contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution;

4.     make or solicit any contribution on the condition or with the agreement that it will be contributed to a campaign committee or any candidate or holder of the public office of Governor, or of Lieutenant Governor, or to any State, county or municipal party committee, or any legislative leadership committee;

5.     engage or employ a lobbyist or Special Counsel with the intent or understanding that such lobbyist or Special Counsel would make or solicit any contribution, which if made or solicited by the business entity itself, would subject that entity to the restrictions of Chapter 51 or EO 333;

6.     fund contributions made by third parties, including Special Counsel’s shareholders or business partners, attorneys, family members, and employees;

7.     engage in any exchange of contributions to circumvent the intent of the Chapter 51 or EO 333; or

8.     directly or indirectly through or by any other person or means, do any act which would subject that entity to the restrictions of the Chapter 51 or EO 333.

B.  New Jersey Conflict of Interest Law

The New Jersey Conflict of Interest Law, N.J.S.A. 52:13D-12 et seq., and Executive Order 189 (1988), prohibit certain actions by persons or entities which provide goods or services to any State Agency. Specifically:
 
1.    No Special Counsel shall pay, offer to pay, or agree to pay, either directly or indirectly, any fee, commission, compensation, gift, gratuity, or other thing of value of any kind to any State officer or employee or special State officer or employee, as defined by N.J.S.A. 52:13D-13b. and e., in the Department of the Treasury or any other agency with which such Special Counsel transacts or offers or proposes to transact business, or to any member of the immediate family, as defined by N.J.S.A. 52:13D-13i, of any such officer or employee, or any partnership, firm, or corporation with which they are employed or associated, or in which such officer or employee has an interest within the meaning of N.J.S.A. 52:13D-13g.

2.    The solicitation of any fee, commission, compensation, gift, gratuity or other thing of value by any State officer or employee or special State officer or employee from any Special Counsel shall be reported in writing forthwith by Special Counsel to the Attorney General and the Executive Commission on Ethical Standards.

3.    No Special Counsel may, directly or indirectly, undertake any private business, commercial or entrepreneurial relationship with, whether or not pursuant to employment, contract or other agreement, express or implied, or sell any interest in such Special Counsel to, any State officer or employee or special State officer or employee having any duties or responsibilities in connection with the purchase, acquisition or sale of any property or services by or to any State agency or any instrumentality thereof, or with any person, firm or entity with which he is employed or associated or in which he has an interest within the meaning of N.J.S.A. 52:13D-13g. Any relationships subject to this provision shall be reported in writing forthwith to the Executive Commission on Ethical Standards, which may grant a waiver of this restriction upon application of the State officer or employee or special State officer or employee upon a finding that the present or proposed relationship does not present the potential, actuality or appearance of a conflict of interest.

4.    No Special Counsel shall influence, or attempt to influence or cause to be influenced, any State officer or employee or special State officer or employee in his official capacity in any manner which might tend to impair the objectivity or independence of judgment of said officer or employee.

5.    No Special Counsel shall cause or influence, or attempt to cause or influence, any State officer or employee or special State officer or employee to use, or attempt to use, his official position to secure unwarranted privileges or advantages for the Special Counsel or any other person.

6.    The provisions cited above in paragraph B(1) through B(5) shall not be construed to prohibit a State officer or employee or special State officer or employee from receiving gifts from or contracting with Special Counsel under the same terms and conditions as are offered or made available to members of the general public subject to any guidelines the Executive Commission on Ethical Standards may promulgate.

C. Obligation to Maintain Records

Special Counsel shall maintain all records for products and/or services delivered under the Retainer Agreement for a period of five (5) years from the date of final payment under the Retention Agreement unless otherwise specified in the Retention Agreement. Such records shall be made available to the State, including the New Jersey State Comptroller, for audit and review upon request.

D.    Affirmative Action and Equal Employment Requirements:

Pursuant to N.J.A.C. 17:27-3.5 Special Counsel agrees that:

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

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

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

4.    Special Counsel or its subcontractor, where applicable, agrees to comply with any regulations promulgated by the Treasurer pursuant to N.J.S.A. 10:5-31 et seq., as amended and supplemented from time to time, and codified at N.J.A.C. 17:27-1.1 et seq.

Further, pursuant to N.J.A.C. 17:27-3.7, Special Counsel agrees that:

1.    Special Counsel and its subcontractor, if any, agrees to make good faith efforts to meet targeted county employment goals established in accordance with N.J.A.C. 17:27-5.2.

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

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

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

E. Fee Recovery in Pro Bono Retentions Shall Inure Directly to the State

In retentions to provide legal services on a pro bono basis pursuant to Executive Order 304 (2022), Special Counsel specifically disclaims any right to obtain a fee recovery from opposing parties and agrees that any such recovery shall inure directly to the State.

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A.   Chapter 271 Annual Disclosure Statement Filing Requirement

If Special Counsel receives contracts in excess of $50,000 in the aggregate from public entities located in New Jersey during a calendar year, Special Counsel is responsible to file an annual disclosure statement on political contributions with the New Jersey Election Law Enforcement Commission (ELEC), pursuant to N.J.S.A. 19:44A-20.13 (P.L. 2005, c. 271, section 3).  It is Special Counsel’s responsibility to determine if filing is necessary.  Failure to so file can result in the imposition of financing penalties by ELEC.  Additional information about this requirement, and the form to be filed, is available from ELEC at (888)313-3532 or https://www.elec.nj.gov/pay2play/form.html.

B.  Set-off for State Taxes 

Pursuant to N.J.S.A. 54:49-19 et seq. (P.L. 1995, c. 159), and notwithstanding the provision of any other law to the contrary, whenever any taxpayer, partnership or S corporation under contract to provide goods or services or construction projects to the State of New Jersey or its agencies or instrumentalities, including the legislative and judicial branches of State government, is entitled to payment for those goods or services at the same time a taxpayer, partner or shareholder of that entity is indebted for any State tax, the Director of the Division of Taxation shall seek to set off so much of that payment as shall be necessary to satisfy the indebtedness.  The amount set off shall not allow for the deduction of any expense or other deduction which might be attributable to the taxpayer, partner, or shareholder subject to set-off under this Act.
 
The Director of the Division of Taxation shall give notice of the set off to the taxpayer, partner or shareholder and provide an opportunity for a hearing within thirty (30) days of such notice under the procedures for protests established under N.J.S.A. 54:49-19.  No request for conference, protest, or subsequent appeal to the Tax Court from any protest shall stay the collection of the indebtedness.

C. Diane B. Allen Equal Pay Act

The Diane B. Allen Equal Pay Act, L. 2018, c. 9, requires State contractors providing professional services to the State or a State entity to file information about its employee pay practices with the New Jersey Department of Labor and Workforce Development.  Information about the Act and the reporting requirement is available at: 
https://www.nj.gov/labor/wageandhour/tools-resources/equal-pay/index.shtml

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