New Jersey is well-known for having strict, comprehensive, and complex pay-to-play laws. Two new changes to an annual pay-to-play filing required of some government contractors will only enhance that reputation.State law requires a company that receives $50,000 annually through government contracts in New Jersey to file a report by March 30 of the following year disclosing most of its public contracts and political contributions in the state. Covered companies must disclose their 2015 activity online using Form BE by March 30, 2016.
- advertised in advance in newspapers or on the contracting entity’s website;
- awarded by a process providing for public solicitation for proposals and under a process established in writing; and
- opened and announced publicly upon award.
However, the final decision on whether a contracting process was fair and open is left to the entity awarding the contract. This means that the fair and open analysis rules might change based on who awarded the contract. Nonetheless, contractors will have to make this determination and disclosure with the new false statements certification lurking in the background.