New Jersey Administrative Code › Title 5 - COMMUNITY AFFAIRS › Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS › Subchapter 10 - DESIGN-BUILD CONTRACTS › Section 5:34-10.5 - Responsibilities of technical review committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				When the design and construction of a project will be undertaken pursuant to this
				subchapter, the resolution authorizing the solicitation of a design-build contract
				shall designate a technical review committee to evaluate statements of
				qualifications and proposals. The purchasing agent, or the individual appointed if
				either a contracting unit does not have a designated purchasing official certified
				as a qualified purchasing agent or the purchasing agent is unable to serve on the
				committee, shall administer the selection process and serve as selection coordinator
				for the technical review committee. The contracting unit shall have the discretion
				to add additional members to the technical review committee. The contracting unit's
				attorney may advise the technical review committee.
(b) Each member of the technical review committee
				shall be responsible for evaluating and scoring the statements of qualifications and
				proposals submitted by bidders in response to an RFQ or RFP, either separately or
				together.
(c) The technical review
				committee may use such advisors as it deems necessary to give opinions on evaluating
				proposals. The names of such advisors shall be included in the report submitted to
				the governing body. If a municipality is without a designated purchasing official
				certified as a qualified purchasing agent and appoints an individual other than
				their chief financial officer to serve on the technical review committee, the chief
				financial officer shall serve as an advisor to the committee, unless a conflict of
				interest pursuant to (f) or (g) below prevents the chief financial officer from
				serving in that capacity.
(d) Once the
				statements of qualifications are received and the identity of the bidders is
				ascertained, the members of the technical evaluation committee will be given a list
				of all bidders.
(e) Before reviewing and
				evaluating statements of qualifications and proposals, each committee member, and
				advisor thereof, shall certify that they have no conflict of interest with respect
				to any of the bidders to be evaluated, any of the key team members, named
				subcontractors or subconsultants to the bidders, any subcontractors and
				subconsultants from which the bidder, at the time of the proposal, expects to
				consider selecting once anticipated quantities and design elements of the project
				are known, or any of the principals, subsidiaries, or parent companies of such
				bidders.
(f) A committee member or
				advisor shall be deemed to have a conflict of interest if their review and
				evaluation of statements of qualifications and statements of proposal would violate
				the Local Government Ethics Law,
				N.J.S.A.
				40A:9-22.1 et seq., or the School Ethics Act,
				N.J.S.A.
				18A:12-21 et seq., as applicable. Any person with
				a conflict of interest related to the design-build project solicitation shall not
				participate in the evaluation process or advise technical review committee
				members.
(g) Notwithstanding the
				definition of technical review committee, should any of the technical review
				committee members indicate that a conflict of interest exists once the identity of
				the bidders is revealed, that member shall not serve on the committee and an
				appropriate official with sufficient knowledge and expertise to review and evaluate
				statements of qualifications and statements of proposal shall be appointed instead.
				If a technical review committee member is discovered to have a conflict of interest,
				the governing body shall remove the member from the committee.