Reminder: New Jersey Pay-to-Play Form BE Due on March 30, 2016

Skadden, Arps, Slate, Meagher & Flom LLP

Kenneth A. Gross Ki P. Hong Matthew Bobys Melissa L. Miles Charles M. Ricciardelli Tyler Rosen Shayla K. Parker

This memorandum is to remind you that the annual filing for state and local contractors required under New Jersey Chapter 271 (Form BE) is due March 30, 2016. In particular, as we have described in previous mailings, this report must be filed if a business entity has received $50,000 or more in the aggregate during the 2015 calendar year through agreements or contracts with New Jersey state and local government entities.

If such a business entity has reportable contributions made by covered donors in 2015, these contributions, as well as details regarding the contracts, must be reported. If the business entity does not have reportable contributions, a statement must still be filed, though details regarding the contracts need not be reported.

Note there are two changes to this year's form:

  1. The signer must certify: "I have been authorized by the above named business entity to complete the annual statement, and certify that the statements and/or information contained herein are true. I am aware that if any of the statements or information are willfully false, I may be subject to punishment." Last year's form only required the signer to certify: "I have been authorized by the above named business entity to complete the annual statement."
  2. When disclosing contract details, a box must be checked as to whether the contract was awarded pursuant to a "fair and open process." The New Jersey regulations define "fair and open process" to mean, "at a minimum, that the contract shall be: publicly advertised in newspapers or on the Internet website maintained by the public entity in sufficient time to give notice in advance of the contract; awarded under a process that provides for public solicitation of proposals or qualifications and awarded and disclosed under criteria established in writing by the public entity prior to the solicitation of proposals or qualifications; and publicly opened and announced when awarded. The decision of a public entity as to what constitutes a ‘fair and open process’ shall be final."
This memorandum is provided by Skadden, Arps, Slate, Meagher & Flom LLP and its affiliates for educational and informational purposes only and is not intended and should not be construed as legal advice. This memorandum is considered advertising under applicable state laws.