IMPORTANT NOTICE
TO
ALL CONTRACTORS AND CONSULTANTS

NJ TRANSIT is an instrumentality of the State of New Jersey and its employees and officers, including members of the NJ TRANSIT Board of Directors, are public servants. NJ TRANSIT, its employees and officers are governed by a number of civil and criminal laws which control how NJ TRANSIT and its personnel do business with contractors and consultants. These provisions include the Conflicts of Interest Law, N.J.S.A. 52:13D-12 and contain unequivocal and stringent restrictions relating to gifts and gratuities.

Be advised that the law prohibits the receipt of gifts and gratuities by any NJ TRANSIT employee or officer from any person, company or entity doing business - or wanting to do business - with NJ TRANSIT. Concomitantly, NJ TRANSIT's own Code of Ethics and Code of Ethics for Vendors, prohibits NJ TRANSIT employees from accepting gifts and prohibits you, the contractors and consultants, from offering any gifts to any NJ TRANSIT employee.

The term "gift" is broadly and widely defined. It includes all things and objects, tangible or intangible, including services, gratuities, meals, entertainment, tickets to events, access to membership clubs, travel costs, and lodging. Simply put, a "gift" is any thing of value.

Do not, under any circumstance, tempt or put an NJ TRANSIT employee in the awkward position of having to refuse a gift or return a gift, no matter how well intentioned or innocuous the gift may be in your eyes.

The bright line rule for you and your staff in doing business with NJ TRANSIT is simple: Offer nothing and give nothing to any NJ TRANSIT employee or officer. It is your responsibility to circulate this Notice in your company and educate accordingly all personnel who do business with NJ Transit.

1. PURPOSE
   
   This document establishes NJ TRANSIT Corporate-wide policy regarding a Code of Ethics for Vendors.
   
   
2. AUTHORITY
   
   
   1. Executive Commission on Ethical Standards, N.J.S.A. 52:13 D-12 et seq
      
      
   2. Public Transportation Act, N.J.S.A. 27:25 et seq
      
      
   3. Executive Order No. 189
      
      
   4. N.J.S.A. 16:72-4.1 et seq
      
      
3. DEFINITIONS
   
   
   1. "Vendor" - any person, firm, corporation or other entity, including its officers, agents and representatives, which provides or offers or proposes to provide goods or services to or perform a contract for or with NJ TRANSIT.
      
      
   2. "Board Member" - any person appointed to the NJ TRANSIT Board of Directors pursuant to N.J.S.A. 27:25-4 (b) and (d), including designees of ex-officio members of the Board.
      
      
   3. "Employee" - officers of NJ TRANSIT and full and part-time employees.
      
      
   4. "Family Member" - any person of the immediate family of a Board Member or employee as defined by N.J.S.A. 52:13D-13i.
      
      
   5. "Immediate Family" - person, spouse, child, parent or siblings residing in the same household as defined by N.J.S.A. 52:13D-13i.
      
      
4. POLICY
   
   
   1. General
      
      
      1. NJ TRANSIT considers the maintenance of public trust and confidence essential to its proper functioning. Vendors who do or may do business with NJ TRANSIT must avoid all situations where proprietary or financial interest, or the opportunity for financial gain, could lead to favored treatment for any organization or individual. Vendors must also avoid circumstances and conduct which may not constitute actual wrongdoing, or conflict of interest, but might nevertheless appear questionable to the general public, thus compromising the integrity of NJ TRANSIT.
         
         
      2. This policy is based upon the principles established in the laws governing the Executive Commission on Ethical Standards (N.J.S.A. 52:13 D-12 et seq) and Executive Order No.189.
         
         
      3. This Code of Ethics for Vendors shall be deemed to be a substantial and integral part of every NJ TRANSIT Invitation for Bid and Request for Proposal. A vendor's lack of knowledge shall not in any way relieve the vendor of any of the provisions of this Code of Ethics.
         
         
      4. This policy is intended to augment, not to replace, existing administrative orders and the current NJ TRANSIT Code of Ethics
         
         
   2. NJ TRANSIT Code of Ethics for Vendors
      
      
      1. No vendor shall either directly or indirectly pay, offer to pay, or agree to pay any fee, commission, compensation, gift, gratuity, or other thing of value of any kind to any NJ TRANSIT Board Member or employee or to any member of the immediate family, as defined by N.J.S.A. 52:13D-13i., of any such Board Member or employee, or to any partnership, firm, or corporation with which any such Board Member or employee is employed or associated, or in which (s)he 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 an NJ TRANSIT Board Member or employee from any NJ TRANSIT vendor shall be reported in writing forthwith by the vendor to NJ TRANSIT's Senior Director, Corporate Affairs who shall comply with the Executive Order.
         
         
      3. Whether or not pursuant to employment, contract or other agreement, expressed or implied, no vendor may, directly or indirectly, undertake any private business, commercial or entrepreneurial relationship with, or sell any interest in such vendor to any NJ TRANSIT Board Member or employee having any duties or responsibilities in connection with the purchase, acquisition or sale of any property or services by or to NJ TRANSIT 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 NJ Transit's Senior Director, Corporate Affairs who will consult with the Executive Commission on Ethical Standards and the Office of the Attorney General about further action. The Executive Commission may, upon application of the NJ TRANSIT Board Member or employee, grant a waiver of this restriction upon a finding that the present or proposed relationship does not present a potential, or actual appearance of a conflict of interest.
         
         
      4. No vendor shall influence, or attempt to influence or cause to be influenced, any NJ TRANSIT Board Member or employee in his official capacity in any manner which might tend to impair the objectivity or independence of judgment of any Board Member or employee.
         
         
      5. No vendor shall influence, or attempt to influence or cause to be influenced, any NJ TRANSIT Board Member or employee to use, or attempt to use, his official position in any manner to secure unwarranted privilege or advantage for the vendor or any other person.
         
         
      6. No vendor may offer any NJ TRANSIT Board Member, employee or family member any gift, payment, loan or other thing of value regardless of whether it might be reasonably inferred that such gift, payment, loan, service or other thing of value was given or offered for the purpose of influencing the Board Member or employee in the discharge of his or her official duties. In addition, Board Members, employees or family members of NJ TRANSIT are not permitted to accept breakfasts, lunches, dinners, alcoholic beverages, tickets to entertainment and/or sporting events, wagers or other item or consideration which could be construed as having more than nominal value.
         
         

         NOTE: NJ TRANSIT Board Members and employees may accept food or refreshments of relatively nominal monetary value provided during the course of a meeting, conference or other occasion where they are properly in attendance (for example, coffee, tea, danish, or soda served during a conference break) or made available to all attendees at a conference or seminar (for example, hospitality suites or conference meals). Acceptance of unsolicited advertising or promotional materials of nominal value (such as inexpensive pens, pencils, or calendars) is also permitted. Any questions as to what is or is not acceptable or what constitutes proper conduct for an NJ TRANSIT Board Member or employee and any solicitation of gifts, consideration or items of value by or on behalf of an NJ TRANSIT Board Member or employee should be referred to:

         Senior Director, Corporate Affairs
         NJ TRANSIT
         One Penn Plaza East
         Newark, NJ 07105-2246
         (973) 491-7022

      7. Failure of vendors to comply with this policy will subject them to debarment pursuant to N.J.A.C. 16:72-4.1.