reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 9 - SPECIAL CIRCUMSTANCES › Section 5:34-9.1 - Purchase of proprietary goods or services

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In determining
				whether a good or service meets the definition of "proprietary" set forth in
				40A:11-2(39)  or
				18A:18A-2cc, the terms used in the definition of "proprietary" shall be defined as
				follows:
1. "Specialized nature" means that the
				purpose to which the goods or services will be used has such unique characteristics
				that only the goods or services of a single vendor are capable of meeting the
				contracting unit's needs. The following shall be considered as non-limiting examples
				of goods or services that may, under appropriate conditions, meet the test of being
				of a specialized nature:
i. The use of a good or
				service other than the proprietary one will undermine the functionality or
				operational performance of existing facilities; or
ii. The good or service is patented and the
				patented feature is essential for operational performance.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 9 - SPECIAL CIRCUMSTANCES › Section 5:34-9.2 - Use of "brand name or equivalent" pursuant to N.J.S.A 40A:11-13 and 18A:18A-15

Current through Register Vol. 56, No. 14, July 15, 2024
(a) To encourage free,
				open, and competitive bidding, prior to referencing a "brand name or equivalent" in
				a bid specification pursuant to
				40A:11-13 or
				18A:18A-15, a contracting agent or
				purchasing agent shall first consider using a specification based on any of the
				following:
1. A standard issued by a national or
				international testing or standards setting organization, including, but not limited
				to, the American Society for Testing and Materials (ASTM), National Institute of
				Standards and Technology (NIST), Internet Engineering Task Force (IETF),
				International Standards Organization (ISO), IEEE Industry Standards and Technology
				Organization (IEEE-ISTO), any entity accredited to set standards by the American
				National Standards Institute (ANSI);
2.
				A generic specification available through a commercial or non-commercial service
				such as MasterSpec(R) or similar service; or
3. Specialized programs such as a listing in the
				Building Products Pre-Approval Program maintained by the National Institute of
				Building Sciences.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 9 - SPECIAL CIRCUMSTANCES › Section 5:34-9.3 - Cancellation or postponement of receipt of bids or proposals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Publicly announced
				receipt of bids or competitive contracting proposals shall be considered cancelled
				when the contracting unit must amend or modify the bid specifications and cannot
				meet the requirements of
				40A:11-23 and
				18A:18A-21. The following procedures
				shall be used in the event a contracting unit cancels the receipt of publicly
				advertised bids or competitive contracting proposals:
1. All vendors who have either submitted bids or
				proposals, or received specifications or request for proposals, shall be notified by
				telephone, fax, or e-mail that the receipt thereof has been cancelled, the reason
				therefore, and notification regarding the return of the unopened bids pursuant to
				this section.
2. The contracting unit
				shall allow vendors to retrieve bids or proposals that had been:
i. Submitted at or before the time of
				cancellation;
ii. Previously sent but
				had not arrived by the time of cancellation; or
iii. For those not picked up by a vendor within 10
				business days of being notified of their availability, the contracting unit shall
				return them, unopened, by certified mail or other delivery service that provides a
				delivery receipt.
3. On the
				day and time originally scheduled for receipt of bids or proposals, a notice shall
				be posted at the place where bids were to have been received, stating that the
				receipt of bids or proposals has been cancelled. No bids or proposals are to be
				received at this time.
4. All
				advertisements for the receipt of rescheduled bids or proposals must adhere to the
				requirements of
				40A:11-23 or
				18A:18A-21, as appropriate to the
				contracting unit for the statutory number of days between notice and when new bids
				or proposals can be received.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 9 - SPECIAL CIRCUMSTANCES › Section 5:34-9.4 - Concessions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Local Public
				Contracts Law,
				40A:11-1 et seq., and the Public
				School Contracts Law,
				18A:18A-1 et seq., define the term
				"concession" as the granting of a license or right to act for or on behalf of the
				contracting unit, or to provide a service requiring the approval or endorsement of
				the contracting unit, and which may or may not involve a payment or exchange, or
				provision of services by or to the contracting unit. In the case of the Public
				School Contracts Law, vending machines are specifically excluded from the
				definition. Further, a concession is only subject to this section if it is awarded
				to or supports a for-profit organization or purpose.
(b) Concessions are specifically deemed to
				include, but are not limited to, the following:
1.
				The right to publish a map, newsletter, directory, or calendar containing the
				meeting schedules and other information about contracting unit services or
				activities where the contractor sells advertising as full or partial payment for
				providing the service;
2. Installation
				of "welcome to (name of entity)" signs on public property where a local organization
				pays a fee to the sign manufacturer, who may or may not make a payment to the
				contracting unit, and includes the name of the local organization on the
				sign;
3. Use of public space or
				facilities (such as scoreboards, bus shelter or facility advertising) for
				advertising in exchange for fees or services, or discounts on services;
4. Installation of vending machines in public
				facilities (except for vending machines in schools);
5. The donation, sale, installation, or
				maintenance of equipment or facilities for use of the contracting unit;
6. The choice of a local or long distance
				telephone service for pay phones on public property;
7. Copying machines in a government or library
				facility made available for public use;
8. The right to sell goods or services on public
				property; or
9. Other services, rights
				or use as may meet the definition of concession.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 9 - SPECIAL CIRCUMSTANCES › Section 5:34-9.5 - Miscellaneous circumstances

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When a single
				contract for the collection of solid waste includes both municipal solid waste,
				pursuant to 40A:11-15(3), and
				collection from facilities owned by a contracting unit, pursuant to
				40A:11-15(38), the
				contract may be granted for a term of not more than five years.
(b) When contracts for goods or services are less
				than 15 percent of the bid threshold, the purchasing agent shall employ sound
				business practices in awarding the contract. For the purpose of this subsection,
				sound business practice means employing such judgment that the price charged to the
				contracting unit reflects current market conditions and the quantity and delivery
				needs of the contracting unit.
(c) When
				a notice of award for professional services, competitive contracting, and
				extraordinary unspecifiable services is required to be published in the official
				newspaper of the contracting unit, such a notice shall be published no later than 20
				calendar days after the passage of the resolution awarding the contract.
(d) Pursuant to N.J.S.A. 40A:11-4b(1) and
				18A:18A-4b(1) with regard to the use of mediation to reach a finding of prior
				negative experience, if the mediation activity included a requirement of
				confidentiality and if no final determination of responsibility was reached, such
				mediation activity shall not be considered as a cause for a finding of prior
				negative experience, unless stipulation was made to the contrary.
(e) In a contracting unit subject to the Public
				School Contracts Law, a purchasing agent may appoint a "duly authorized designee" to
				act on behalf of and be responsible to the purchasing agent for such actions as
				related to purchasing. The purchasing agent shall recommend such designee to the
				board of education for their consideration and approval. The designee cannot act on
				behalf of the purchasing agent until board approval is received. Under these
				circumstances, the purchasing agent shall continue to hold the authority,
				responsibility, and accountability for the purchasing activity of the contracting
				unit. The use of this provision does not permit a "duly authorized designee" to
				exercise the authority of a duly-appointed qualified purchasing agent.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 9 - SPECIAL CIRCUMSTANCES › Section 5:34-9.6 - Purchasing at 10 percent less than a State cooperative contract price

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A contracting unit
				that procures materials, supplies, or equipment for at least 10 percent less than
				the State cooperative contract price, pursuant to
				40A:11-5(4), shall
				submit the following documentation to the Director of the Division of Local
				Government Services within five working days of the award of any such contract:
1. A copy of the purchase order;
2. A copy of the requisition or request for
				purchase order (if applicable);
3. The
				written certification of its purchasing agent stating that the purchase price of the
				materials, supplies or equipment is at least 10 percent less than the State contract
				price;
4. Documentation verifying that
				the materials, supplies or equipment purchased by the contracting unit are identical
				to the materials, supplies or equipment on State contract;
5. A copy of each request for quotation issued by
				the purchasing agent;
6. Copies of each
				of the three quotations received by the purchasing agent, which shall include the
				vendor's name, address, identification of items offered, prices quoted, and the
				percent discount (if applicable); and
7.
				A copy of the adopted resolution, approving or awarding the contract for the
				purchase of materials, supplies, or equipment, approved by two-thirds affirmative
				vote of the full membership of the governing body.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 9 - SPECIAL CIRCUMSTANCES › Section 5:34-9.7 - Use of the General Services Administration's Federal Supply Schedules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A contracting unit
				statutorily subject to the Local Public Contracts Law,
				40A:11-1 et seq., or the Public School
				Contracts Law,
				18A:18A-1 et seq., may use without
				advertising for bids, or having rejected all bids obtained pursuant to
				40A:11-13.2 or
				18A:18A-22, as appropriate, the
				Federal Supply Schedules procurement programs, or update thereto. A contracting unit
				shall, pursuant to
				40A:11-12.b or 18A:18A-10.b, submit
				the following documentation to the Director of the Division of Purchase and Property
				within five working days of the award of any such contract:
1. A copy of the purchase order;
2. A copy of the requisition or request for
				purchase order (if applicable); and
3.
				Documentation identifying the price of the goods or services, under the Federal
				Supply Schedules or schedules from other Federal procurement programs.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 10 - DESIGN-BUILD CONTRACTS › Section 5:34-10.1 - Purpose and applicability of rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				subchapter is adopted by the Department of Community Affairs, in consultation with
				the Department of Education, to establish requirements and procedures for the
				procurement of designbuild contracts by local government contracting units pursuant
				to sections
				26 through
				33 of
				P.L.
				2021, c. 71(N.J.S.A.
				40A:11-53 through
				40A:11-60) and board of education
				contracting units pursuant to Sections 34 through 41 at
				P.L.
				2021, c. 71(N.J.S.A.
				18A:18A-61 through
				18A:18A-68).
(b) This subchapter provides for contracting units
				to select design-builders according to the proposal that is most advantageous to the
				contracting unit, based upon a "best value selection" process premised on a
				combination of cost and qualitative factors. The rules provide for the following
				two-phase selection process:
1. The public
				advertisement of a request for qualifications (RFQ) that describes the design-build
				project, outlines the scope of work for the project and solicits responses
				delineating the qualifications of bidders; and
2. The issuance of a request for proposal (RFP) to
				prequalified bidders, selected on the basis of their responses to the RFQ, which
				outlines the criteria to be used for selection and the weight that will be given to
				each of these criteria in the evaluation process, and which solicits a proposal
				consisting of a technical proposal and a price proposal.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 10 - DESIGN-BUILD CONTRACTS › Section 5:34-10.3 - Authorization to commence design-build process

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				For a construction project that can be reasonably, and in good faith, estimated to
				have a cost equal to or exceeding $ 5,000,000, the governing body of a contracting
				unit may adopt a resolution to authorize utilization of design-build project
				delivery in lieu of a design-bid-build delivery system.
In its authorization to commence the design-build process, the
				  governing body must determine that, when compared to the design-bid-build process,
				  design-build project delivery will facilitate a shorter overall design and
				  construction process including, but not limited to, reducing the likelihood of work
				  stoppages and change orders that would increase project costs. Design-build project
				  delivery shall not be utilized for projects that cannot be reasonably, and in good
				  faith, estimated to have a cost equal to or exceeding $ 5,000,000.
(b) For purposes of meeting the minimum monetary
				threshold at (a) above, a contracting unit may group more than one project together,
				so long as those projects are single in character and components of the same
				work.
(c) A resolution adopted pursuant
				to (a) above shall also establish procedures for the solicitation and award of the
				design-build contract that are consistent with this subchapter.
(d) No board of education may authorize
				commencement of a design-build process for a school facilities project until such
				time as the Department of Education approves the board's application pursuant to
				N.J.A.C.
				6A:26-3 and , if the capital project requires the
				board to issue bonds, a successful voter referendum or authorization by a municipal
				governing body or board of estimate, as applicable, to the school district
				type.
(e) Electronic procurement through
				the use of electronic procurement platforms as defined at
				N.J.A.C.
				5:34-5.2 may be utilized for design-build projects
				as permitted by law.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 10 - DESIGN-BUILD CONTRACTS › Section 5:34-10.4 - Design professional and construction manager for contracting unit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A contracting unit shall either engage a
				design professional or appoint a design official to provide architectural,
				engineering, or surveying services on behalf of the contracting unit, as well as
				provide technical advice, construction review services, and professional expertise
				on behalf of the contracting unit for the duration of a design-build
				project.
(b) A contracting unit may
				appoint a construction manager to serve as the contracting unit's on-site
				representative for the duration of the project, whose services shall include, but
				need not be limited to, technical support in the area of scheduling, cost
				estimating, document control, hosting progress meetings, project coordination with
				the design-builder, and inspection of construction during all phases of the
				design-build project.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 10 - DESIGN-BUILD CONTRACTS › Section 5:34-10.6 - Request for qualifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				contracting unit shall advertise a solicitation of statements of qualifications from
				bidders in an official newspaper of the contracting unit, a newspaper with Statewide
				circulation, and on the contracting unit's official website, if one exists, no less
				than 30 days prior to the date on which responses to the request are due. The
				published notice shall contain, at a minimum:
1. A
				general description of the design-build project;
2. Information on how requests for qualifications
				may be obtained;
3. The manner of
				submitting, and the method of receiving, the statement of qualifications;
				and
4. The time and place at which the
				statements of qualifications will be received.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 10 - DESIGN-BUILD CONTRACTS › Section 5:34-10.9 - Statements of proposal; award of contract

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				The RFP shall require the submission of a sealed statement of proposal in two
				separate parts: a technical proposal and a price proposal. The technical and price
				proposals shall be evaluated separately, in accordance with the evaluation factors
				and process set forth in the RFP.
(b) In
				addition to such drawings, specifications, data, calculations, or other submittals
				as the contracting unit requires to be submitted with the technical proposal, or the
				bidder is otherwise required by law to submit with their statement of proposal, a
				bidder's technical proposal shall include:
1. A
				list of each person to whom the bidder as design-builder proposes to delegate
				obligations under the design-build contract, including key team members;
2. Pursuant to the provisions at
				N.J.S.A.
				40A:11-22 or
				18A:18A-25, as applicable, a surety
				company bond or guarantee, as specified in the RFP;
3. Acknowledgment of receipt of revisions or
				addenda to the RFP;
4. A statement that
				the bidder is in compliance with all laws applicable to the project, including the
				New Jersey Prevailing Wage Act, P.L. 1963, c. 150 (N.J.S.A.
				34:11-56.25 et seq.), the Public Works Contractor
				Registration Act,
				P.L.
				1999, c. 238(N.J.S.A.
				34:11-56.48 et seq.), and the Construction
				Industry Independent Contractor Act,
				P.L.
				2007, c. 114(N.J.S.A.
				34:20-1 et seq.);
5. If required by the contracting unit, a
				certificate pursuant to
				N.J.S.A.
				40A:11-20 or
				18A:18A-23, as applicable, showing
				that the design-builder and construction members of the proposed design-build team
				own, lease, or otherwise control all the necessary equipment required by the plans
				and specifications of the design-build project; and
6. Such other documentation as required by law to
				be submitted with a bid for a design-bid-build project.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 10 - DESIGN-BUILD CONTRACTS › Section 5:34-10.10 - Rejection of statements of proposal; cancellation of contract award

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Proposals received
				after the submission date and time prescribed in the advertisement and RFP shall be
				rejected.
(b) The contracting unit shall
				have the right to reject any and all proposals, except for purposes of evading
				P.L.
				2021, c. 71, when it is
				otherwise deemed to be in the interest of the contracting unit or the public to do
				so. A governing body may not award a design-build contract unless the technical
				review committee evaluated at least two complete and responsive proposals from
				design-builders.
(c) A governing body
				that rejects all proposals may solicit new proposals using the same qualifications,
				evaluation factors, and budget constraints, unless there has been a material change
				in circumstances affecting the needs of the contracting unit, including, but not
				limited to, environmental issues, natural disaster, statement of emergency, or
				unseen fiscal constraint. When soliciting new proposals, the contracting unit shall
				start the process by soliciting new statements of qualifications.
(d) Upon award of the design-build contract, the
				contracting unit shall, within five days, notify all unsuccessful bidders, in
				writing, that the contracting unit awarded the design-build contract to another
				design-builder. Within 30 days after receiving the written notice, an unsuccessful
				bidder may request, in writing, to review the proposals submitted, the technical
				review committee evaluation scores from the selection process, and the final
				recommendation of award document. Technical proposals shall be redacted to the
				extent necessary to prevent revealing the trade secrets and proprietary commercial
				or financial information incorporated into another bidder's technical
				proposal.
(e) The governing body may
				cancel a notice of final award at any time before the execution of the design-build
				contract by the contracting unit if the contracting unit deems it advisable to do so
				in the interest of the contracting unit or the public.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 10 - DESIGN-BUILD CONTRACTS › Section 5:34-10.11 - Criteria for payment of stipend

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the
				discretion of the contracting unit, a stipend of no more than three percent of the
				designbuild project's estimated costs may be paid to eligible bidders who submit
				responsive, but unsuccessful proposals, in response to the RFP. The decision to
				issue such a stipend shall be based on the contracting unit's analysis of the
				design-build project's size, scope, and complexity, and the anticipated degree of
				competition during the procurement process. A contracting unit may agree to pay a
				stipend to all bidders in the event of project cancellation. The purpose of the
				stipend is to encourage competition by offering to compensate responsive, but
				unsuccessful bidders, for a portion of the estimated proposal development
				costs.
(b) The terms and conditions for
				the payment of a stipend shall be included in the RFQ and RFP.
(c) Bidders submitting a response to the RFP that
				is determined by the contracting unit in its sole discretion to be incomplete or
				otherwise non-responsive will not be entitled to a stipend.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 10 - DESIGN-BUILD CONTRACTS › Section 5:34-10.12 - Disclosure; access and record retention

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any and
				all submissions made in response to any RFQ and any RFP, are subject to the
				provisions of the Open Public Records Act,
				N.J.S.A.
				47:1A-1 et seq., and the exceptions from
				disclosure provided therein, except that technical proposals shall not be subject to
				disclosure prior to award of the contract.
(b) The design-builder awarded a design-build
				contract shall make available records and accounts pertaining to the design-build
				project to the Office of the State Comptroller in any investigations, examinations,
				and inspections that they may undertake of the activities related to the financing
				and undertaking of design-build projects. The design-builder shall also cooperate,
				upon request, in sharing information with other State or Federal entities.
(c) The design-builder and contracting unit shall
				retain all records and accounts, including records and accounts of subcontractors
				and subconsultants, for design-build project activities, as necessary to evidence
				compliance with the Act and all applicable rules and contractual requirements. Such
				records shall be retained for 10 years following substantial completion of a
				design-build project, and any additional period required for the resolution of
				litigation, claims, or audit findings. At any time, upon request of the Director of
				the Division of Local Government Services in the New Jersey Department of Community
				Affairs, the contracting unit and the design-builder shall make records relating to
				the design-build project available to the Division, within four business days of the
				request for documents, at no cost to the Division.
(d) In the event that any litigation, claim,
				audit, or request pursuant to the Open Public Records Act,
				N.J.S.A.
				47:1A-1 et seq., relating to the procurement or
				the performance of work under the designbuild contract is commenced prior to
				expiration or termination of the design-build contract, all records relating to the
				procurement and the contract shall be retained until all litigation, claims, audit
				findings, document requests, and related appeals, if any, have been resolved with
				finality.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 10 - DESIGN-BUILD CONTRACTS › Section 5:34-10.13 - Fraudulent statements

Current through Register Vol. 56, No. 14, July 15, 2024
Any firm or individual who makes, or causes to be made, a false,
				  deceptive, or fraudulent statement in its submittal in response to the RFQ or RFP,
				  or in the course of any hearing, litigation, mediation, or other proceeding may be
				  disqualified from bidding, suspended, and/or debarred, and/or may be subject to
				  prosecution pursuant to applicable law.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 10 - DESIGN-BUILD CONTRACTS › Section 5:34-10.14 - Disqualification from bidding for conflicts of interest

Current through Register Vol. 56, No. 14, July 15, 2024
Design professionals and other professional consultants
				  participating in the preparation of an RFQ or an RFP will not be permitted to
				  participate as a bidder or subconsultant to a bidder submitting a statement of
				  qualifications or a proposal.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 10 - DESIGN-BUILD CONTRACTS › Section 5:34-10.15 - Contract approval and execution

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to the
				execution of a design-build contract, the bidder that was provided a notice of final
				award by the contracting unit shall exist in the legal status in which it will
				perform its responsibilities pursuant to the design-build contract.
(b) The contracting unit shall send the successful
				design-builder a notice of award letter pursuant to
				N.J.A.C.
				5:34-10.9(n). The notice of award
				letter shall contain a list of the additional documents required to be submitted by
				the design-builder with the executed contract. The notice of award will specify the
				time within which the executed contract and required documents must be
				returned.
(c) If the design-builder
				fails to return the executed contract and other required documents within the time
				specified by the contracting unit, the contracting unit may take whatever action is
				appropriate and authorized by law including, but not limited to, withdrawing or
				canceling the notice of award to the delinquent bidder and awarding the contract to
				the next-highest ranked bidder; cancelling the procurement; or proceeding to recover
				under the bid bond submitted with the price proposal, in accordance with
				N.J.A.C.
				5:34-10.9(b).
(d) All contracts executed pursuant to this
				subchapter shall provide for, among other things, termination for the convenience of
				the contracting unit and for cause.
(e)
				No agreement is valid or binding on the contracting unit, unless and until it is
				executed by an appropriately authorized representative of the contracting unit. Any
				work performed prior to the execution of the contract by the successful bidder is
				voluntary and represents a gift to the contracting unit. In the event the notice of
				award is cancelled or withdrawn, the successful bidder is not entitled to any
				remuneration for any work performed prior to the execution of the
				contract.
(f) Subject to the contracting
				unit's cancellation rights set forth at
				N.J.A.C.
				5:34-10.10(e), upon the
				successful bidder's submission of all required documentation or materials, as
				specified in the notice of award, and the contracting unit's acceptance of such
				documentation, the contracting unit will execute the design-build contract and
				provide the successful bidder with the fully executed designbuild
				contract.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 10 - DESIGN-BUILD CONTRACTS › Section 5:34-10.16 - Deletion or substitution of key team members

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No substitutions or deletions of key team
				members may be made during the selection process or after award of the contract,
				without prior written approval from the contracting unit. The contracting unit shall
				have a reasonable basis for any denial.
(b) Unauthorized changes to a bidder's key team
				members who were specifically identified in statement of proposal at any time during
				the selection process may result in the elimination of the bidder from further
				consideration.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 10 - DESIGN-BUILD CONTRACTS › Section 5:34-10.17 - Design and construction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				design-builder shall employ or contract with an architect of record and shall be
				responsible for the technical integrity of final project design, constructability,
				extensions of the design, and operability and maintainability, pursuant to the RFP
				and/or in the design-build contract.
(b)
				The role of the design-builder may include, but need not be limited to, the
				management and control of quality, cost, and the integrated schedule for design,
				permit applications, material and equipment acquisition, construction, training for
				operation and maintenance, inspection, and close out of the project.
(c) The contracting unit's review and acceptance
				of interim design submissions and/or construction documents is for the purpose of
				mutually establishing a conformed set of contract documents compatible with the
				requirements of the work. Neither the contracting unit's acceptance of interim
				design submissions nor construction documents shall be deemed to transfer design
				liability from the design-builder to the contracting unit.
(d) With respect to school facilities projects,
				once the plans and specifications are complete, and have been accepted by the
				contracting unit, the design-builder shall submit the completed plans and
				specifications for the school facilities project to the New Jersey Department of
				Education for approval of final educational adequacy, pursuant to
				N.J.A.C.
				6A:26-5.4.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 10 - DESIGN-BUILD CONTRACTS › Section 5:34-10.18 - Post-award evaluation of design-builder by contracting unit

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every design-builder awarded a design-build
				contract procured pursuant to this subchapter will be subject to evaluation, in
				accordance with this section. The performance evaluation will consider the
				design-builder's performance as a contractor in the following categories: quality of
				work, scheduling, management, cost control and change orders, safety and industrial
				hygiene, small business goals, and close-out.
(b) The design-builder's performance will be
				evaluated periodically during the progress of the project. The evaluation will be
				performed by a reviewer with direct involvement in the management or supervision for
				the project.
(c) The design-builder's
				performance evaluations will be used by the contracting unit in evaluating and
				scoring bidders as to their prior experience on contracting unit projects, in
				accordance with the provisions of this chapter.
(d) Design-builders shall be evaluated on their
				construction performance with respect to the various evaluation categories using the
				following evaluation ratings:
1. Outstanding (O)
				or 100 percent--far exceeds the contract requirements by consistently exhibiting
				excellent performance. Always meets, and almost always exceeds, the contract
				requirements;
2. Very Good (VG) or 90
				percent--often exceeds the contract requirements and frequently provides a high
				level of performance. Typically meets and often exceeds the contract
				requirements;
3. Satisfactory (S) or 80
				percent--provides an acceptable level of performance consistently meeting the
				contract requirements;
4. Marginal (M)
				or 70 percent--performs slightly below the requirements of the contract, meeting the
				contract requirements on an intermittent basis; and
5. Unsatisfactory (U) or 60 percent--fails to meet
				important contract requirements, resulting in a negative impact on the entire
				project.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Appendix B

Current through Register Vol. 56, No. 14, July 15, 2024
N.J. DIVISION OF LOCAL GOVERNMENT SERVICES SUBMISSION
				CHECKLIST
Purchase At 10 Percent Less Than The State Cooperative Contract
				Price
40A:11-5(4)
CONTRACTING UNIT'S NAME:
COUNTY:
__________________________________________
_____________________________
ITEM PURCHASED:
DATE:
_____________________________________________________
________________________________
The Local Public Contracts Law at
				40A:11-5(4)  requires
				information on this particular type of purchasing transaction(s) to be filed with
				the Director of the Division of Local Government Services. The rule,
				5:34-9.6, codifies and supplements the
				requirements of the provisions of law. The rule requires documentation to be
				submitted to the Director within five (5) working days of the award of any such
				contract. The following documentation is submitted:
DOCUMENTATION
INCLUDED WITH
						SUBMISSION
1.
Copy of the purchase order with the
						reference 5:34-9.6
YES (
NO (
						)
included;
)
2.
Copy of the requisition or request for
						purchase order (if
YES (
NO ( )
applicable);
)
3.
Written certification by the purchasing
						agent stating that the
YES (
NO ( )
purchase price of the materials, supplies or equipment is at
						least 10
)
percent less than the State contract price.
4.
Documentation verifying that the
						materials, supplies or equipment
YES (
NO ( )
purchased by the contracting unit are identical to the
						materials,
)
supplies or equipment on State contract.
5.
Copy of each request for quotation
						issued by the purchasing
YES (
NO ( )
agent; and,
)
6.
Copy of each of the three (3)
						quotations received by the
YES (
NO ( )
purchasing agent, which shall include the vendor's name and
						address and
)
identification of items offered, prices quoted, and percent
						discount
(if applicable); and,
7.
Copy of the adopted resolution approved
						by two-thirds affirmative
YES (
NO ( )
vote of the full membership of the governing
						body.
)
OTHER COMMENTS: Please use a separate sheet of
						paper and attach
to Checklist.
FORM SUBMITTED BY:
________________________________________________
_______________________________
(Please Print Name)
(Title)
________________________________________________
_______________________________
(Telephone or E-mail)
(Date)
Please return this form with all the required documentation to the
				Bureau of Local Management Services at the Division of Local Government Services, at
				PO Box 803, Trenton, NJ 08625-0803.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Appendix C

Current through Register Vol. 56, No. 14, July 15, 2024
N.J. DIVISION OF LOCAL GOVERNMENT SERVICES SUBMISSION
				CHECKLIST
Use of The General Services Administration's Federal Supply
				Schedules
=
40A:11-12.b and
				18A:18A-10.b
CONTRACTING UNIT'S NAME:
COUNTY:
___________________________________________
_____________________________
ITEM PURCHASED:
DATE:
______________________________________________________
________________________________
The Local Public Contracts Law at
				40A:11-12(b)  and the
				Public School Contracts Law at
				18A:18A-10(b) 
				require information on this particular type of purchasing transaction(s) to be filed
				with the Director of the Division of Purchase and Property. The rule,
				5:34-9.7, codifies and supplements the
				requirements of the provisions of law. The rule requires documentation to be
				submitted to the Director within five (5) working days of the award of any such
				contract under the General Services Administration's Federal Supply Schedules or
				schedules from other Federal procurement programs pursuant to
				40A:11-12(b)  or
				18A:18A-10(b). The
				following documentation is submitted:
DOCUMENTATION
INCLUDED WITH
						SUBMISSION
1.
Copy of the purchase order with the
						reference N.J.A.C. 5:34-9.7
YES ( )
NO (
included;
)
2.
Copy of the requisition or request for
						purchase order (if
YES ( )
NO (
applicable);
)
3.
Documentation identifying the price of
						goods or services under the
YES ( )
NO (
General Services Administration's Federal Supply Schedules or
						schedules
)
from other Federal procurement programs pursuant to
						40A:11-12.b
or 18A:18A-10.b.
OTHER COMMENTS: Please use a separate sheet of paper and
						attach
to Checklist.
FORM SUBMITTED BY:
________________________________________________
_______________________________
(Please Print Name)
(Title)
________________________________________________
_______________________________
(Telephone or E-mail)
(Date)
Please return this form with all the required documentation to the
				Division of Purchase and Property, Attn: Co-op Liaison, PO Box 230, Trenton, New
				Jersey 08625-0230.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 35 - LOCAL GOVERNMENT ETHICS LAW › Subchapter 1 - PROCEEDINGS › Section 5:35-1.1 - Complaints; procedure

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Every complaint
				alleging that a local government officer or employee, who is not regulated by a
				county or municipal code of ethics, has violated the Local Government Ethics Law,
				40A:9-22.1 et seq., shall be in
				writing and signed by the complainant. However, the Local Finance Board may upon its
				own initiative initiate a complaint against a local government employee or officer,
				in which case the summary of the complaint shall be contained in the Board's minutes
				and the complaint shall proceed, where applicable, in accordance with this
				subchapter or be transmitted to the appropriate county or municipal ethics
				board.
(b) Complaints shall:
1. State the point of the Local Government Ethics
				Law alleged to be violated;
2. State the
				name(s) and title(s) of the parties involved in the action and against whom the
				complaint is filed;
3. Set forth in
				detail the pertinent facts surrounding the alleged violative action;
4. Indicate whether the complaint concerns the
				complainant in any way and what, if any, relationship the complainant has to the
				subject of the complaint; and
5.
				Indicate any other action previously taken in an attempt to resolve the issue and
				indicate whether the issue is the subject of pending litigation elsewhere.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 35 - LOCAL GOVERNMENT ETHICS LAW › Subchapter 1 - PROCEEDINGS › Section 5:35-1.2 - Confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any complaints,
				statements, information, or documents obtained or prepared by the Board staff or the
				Board are deemed confidential and not subject to public disclosure during the course
				of the preliminary investigation or investigation to determine whether a violation
				of the Local Government Ethics Law has occurred, except as necessary for the Board's
				staff or the Board to conduct the preliminary investigation or
				investigation.
(b) The Board's
				discussion regarding a preliminary investigation or investigation shall be in
				executive session. However, any vote by the Board regarding a preliminary
				investigation or investigation shall be in public session. In public session, the
				complaint shall only be identified by a docket number, determined by the Board's
				staff.
(c) The Notice, the complaint and
				allied statements or information obtained by the Board's staff during the course of
				the preliminary investigation or investigation are subject to public disclosure 30
				days after mailing a Notice of Dismissal, pursuant to
				5:35-1.1(h), or a
				Notice of Violation, pursuant to
				5:35-1.1(i).
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 35 - LOCAL GOVERNMENT ETHICS LAW › Subchapter 1 - PROCEEDINGS › Section 5:35-1.3 - Local ethics boards; complaint conflicts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A municipal or
				county ethics board, established pursuant to the Local Government Ethics Law, which
				has before it a complaint against a local government employee or officer regulated
				by its code of ethics and which is unable to act on the complaint because a majority
				of the board has a conflict of interest or is otherwise precluded by ethical
				consideration from rendering a decision in a matter, shall request the Local Finance
				Board to assume original jurisdiction.
1. Such
				request shall be in writing signed by the chairperson of the county or municipal
				ethics board or its legal counsel and detail the exact nature of the complaint and
				the exact nature of the county or municipal board's inability to render a
				decision.
2. Attached to the request
				shall be the complaint, the county or municipal code of ethics, and all relevant
				documents and information obtained by the county or municipal ethics board during
				the course of the investigation.
3. The
				county or municipal ethics board shall advise, in writing, the complainant and the
				local government employee or officer, who is the subject of the complaint, of the
				request. A copy of which shall be provided to the Local Finance Board.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 35 - LOCAL GOVERNMENT ETHICS LAW › Subchapter 1 - PROCEEDINGS › Section 5:35-1.4 - Local ethics boards; appeals of complaints

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A final decision of
				a county or municipal ethics board, established pursuant to the Local Government
				Ethics Law, on a complaint may be appealed by the complainant or the local
				government employee or officer, who is the subject of the complaint, to the Local
				Finance Board within 30 days of the decision.
(b) The appeal shall be in writing and include the
				grounds for appeal and attach the complaint and the decision of the county or
				municipal ethics boards. A copy of the appeal and allied papers shall be filed with
				the appropriate county or municipal ethics board.
(c) Upon receipt of the appeal, the county or
				municipal ethics board shall transmit to the Local Finance Board the board's
				complete file in the matter, which shall include any transcripts or tapes of the
				hearing, and a copy of the municipal or county code of ethics.
(d) The Board in its discretion may submit the
				appeal to the Office of Administrative Law as a "contested case" for the rendering
				of an initial decision in accordance with the Administrative Procedure Act and these
				rules. The Board shall review the initial decision and render a final
				decision.
(e) If the record below is
				deemed sufficiently complete by the Board or an Administrative Law Judge, the Board,
				or an Administrative Law Judge, may consider the matter solely on the record below.
				If the record is not deemed sufficiently complete by the Board, or an Administrative
				Law Judge, the Board, or an Administrative Law Judge, in its discretion may direct
				the submission of additional evidence, testimony, or oral argument to complete the
				record.
(f) Any final decision of the
				Board finding that a local government employee or officer has violated the Local
				Government Ethics Law requires a two-thirds vote of the Board.
(g) The final decision of the Board shall be
				provided to the complainant, the local government employee or officer who is the
				subject of the complaint, and the appropriate county or municipal ethics board.
New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 35 - LOCAL GOVERNMENT ETHICS LAW › Subchapter 1 - PROCEEDINGS › Section 5:35-1.5 - Advisory opinions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A local government
				employee or officer not regulated by a county or municipal code of ethics may
				request from the Local Finance Board an advisory opinion as to whether any proposed
				activity or conduct constitutes a violation of the Local Government Ethics Law.
1. The request shall be in writing signed by the
				local government employee or officer who is the subject of the request or his or her
				attorney.
2. The request shall set out
				the factual situation in detail, the specific question(s) of the requester, and
				whether there is any pending litigation or action relevant to the facts of the
				inquiry. The Board will not process an advisory opinion request on a matter pending
				in a court of law or an administrative agency of the State.
3. The Board will not consider a request for an
				advisory opinion regarding activity or conduct that has already occurred, unless the
				requester certifies that the activity or conduct is likely to be of a continuing
				nature.
4. The Board will not consider a
				request for an advisory opinion from a local government officer or employee, or his
				or her attorney, who is not the subject of the proposed activity or
				conduct.