reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38 - PROCEDURES FOR LOW-BID PROCUREMENT OF CONSTRUCTION CONTRACTS FOR SCHOOL FACILITIES PROJECTS › Subchapter 3 - REQUIREMENTS FOR BIDDING › Section 19:38-3.11 - Irregular bids

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Bids will be
				  considered irregular and may be rejected for failure to comply with the bid and
				  contract documents for reasons that may include, but are not limited to, the
				  following:
1. If the bid is on a form other
				  than that furnished by the Authority or if the form is altered or any part
				  thereof is detached or incomplete;
2. If the bid is not properly signed or
				  sealed;
3. If the bid is not typed
				  or completed in ink;
4. If there
				  are unauthorized additions, conditions or alternate bids, or irregularities of
				  any kind that may tend to make the bid incomplete, indefinite, or ambiguous as
				  to its meaning;
5. If the bid
				  contains any provisions reserving the right to accept or reject an award, or in
				  any way submits a contingent bid to enter into a contract pursuant to any
				  award. The prohibition does not include a reservation limiting the maximum
				  gross amount of awards acceptable to any one bidder at any one bid letting.
				  However, the Authority will make the selection of which contract or contracts
				  are to be awarded to such bidder within the maximum gross amount
				  reserved;
6. If the bid contains
				  any alterations to any prices or amounts that have been established by the
				  Authority in the bid and contract documents;
7. If the Price Proposal fails to contain a
				  price for an alternate or allowance required by the bid and contract
				  documents;
8. If the Price Proposal
				  is not accompanied by a bid bond as required by the bid and contract
				  documents;
9. If the firm fails to
				  acknowledge addenda, letters, and other notices required to be acknowledged
				  that have been sent by the Authority or the PMF;
10. If the firm fails to name in the bid
				  proposal identify subcontractors required to be named by the bid and contract
				  documents;
11. If the firm submits
				  a bid that exceeds the firm's Project Rating or its Aggregate Rating;
12. If the bidder submits a bid which exceeds
				  its Project Rating in the trade classification to bid the package or its
				  aggregate limit; or
13. If the
				  Authority deems it advisable to do so in the interest of the State or the
				  public interest.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38 - PROCEDURES FOR LOW-BID PROCUREMENT OF CONSTRUCTION CONTRACTS FOR SCHOOL FACILITIES PROJECTS › Subchapter 4 - HEARING PROCEDURES PROTEST › Section 19:38-4.1 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				  subchapter sets forth the procedures that govern challenges to an action of the
				  Authority in the issuance of a Project Rating, in the issuance of a bid
				  advertisement or an issuance of proposed contract documents, or to the
				  acceptance of a Price Proposal for school facilities packages.
(b) For purposes of this subchapter, protests
				  of the type described are not contested cases subject to the requirements of
				  the Administrative Procedure Act,
				  52:14B-1 et seq.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38 - PROCEDURES FOR LOW-BID PROCUREMENT OF CONSTRUCTION CONTRACTS FOR SCHOOL FACILITIES PROJECTS › Subchapter 4 - HEARING PROCEDURES PROTEST › Section 19:38-4.2 - Bid protests, hearing procedures, time limitations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A challenge
				  to the following actions of the Authority shall be made as follows:
1. Project Rating: If a firm is dissatisfied
				  with its Project Rating, the firm must submit a written protest to the Managing
				  Director of Procurement, setting forth all arguments, materials, or other
				  documents that may support the protestor's position and a statement as to
				  whether the protestor requests the opportunity for an informal hearing.
i. If the Project Rating Proposal is received
				  by the Authority more than 10 days prior to the date for submission of the
				  Price Proposal, the written request must be received by the Authority within
				  five calendar days after the date of the notification of the firm's Project
				  Rating.
ii. If the Project Rating
				  Proposal is received by the Authority less than 10 days prior to the date for
				  the submission of the Price Proposal, but not on the same day as the submission
				  of the Price Proposal, the written request must be received by the Authority at
				  least three business days prior to the date for submission of the Price
				  Proposal.
iii. If the Project
				  Rating Proposal is received by the Authority on the same day as the Price
				  Proposal, the written request must be received by the Authority within five
				  days of the receipt of both the Project Rating Proposal and the Price
				  Proposal.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38 - PROCEDURES FOR LOW-BID PROCUREMENT OF CONSTRUCTION CONTRACTS FOR SCHOOL FACILITIES PROJECTS › Subchapter 4 - HEARING PROCEDURES PROTEST › Section 19:38-4.3 - Hearing procedures

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Hearing
				  procedures shall be as follows:
1. The
				  Authority, in its sole discretion, shall determine whether to grant the
				  opportunity for an informal hearing regarding a bid protest. Informal hearings
				  are for fact-finding purposes for the benefit of the Authority and the
				  Authority shall have the sole discretion as to requesting or requiring a
				  hearing. Alternatively, the Authority may determine that sufficient information
				  already exists in the record so that a decision may be made without a hearing
				  and the Authority may waive the hearing and issue a final agency decision
				  accordingly. In the event that the Authority determines that a hearing is not
				  necessary, a written decision will be issued by the Authority within 48 hours
				  of receipt of all documents related to said protest.
2. Informal hearings will be held, where
				  feasible, within five calendar days of the receipt of the request. Hearings
				  will be heard, where practicable, by an impartial hearing officer designated by
				  the Managing Director of Procurement. The hearing officer shall issue a final
				  written decision within 10 calendar days of the conclusion of the hearing
				  unless, due to the circumstances of the hearing, a greater time is required.
				  For all protests of a Project Rating, the written decision will issue prior to
				  the opening of Price Proposals for the school facilities package, which is the
				  subject of the protest. If the decision, which is based upon a protest of the
				  bid and contract documents, results in a modification of the bid and contract
				  documents, such decision shall be conveyed to all potential firms by
				  addendum.
3. In an informal
				  hearing, the Managing Director of Procurement may, in instances where public
				  exigency exists or where there is potential for substantial savings to the
				  State, modify or amend the time frames or any other requirements provided in
				  this section. In these instances, the Managing Director of Procurement shall
				  document, for the record, the rationale for such amendment and give adequate
				  notice to the parties involved.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38 - PROCEDURES FOR LOW-BID PROCUREMENT OF CONSTRUCTION CONTRACTS FOR SCHOOL FACILITIES PROJECTS › Subchapter 5 - AWARD OF CONTRACTS › Section 19:38-5.1 - Contracts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Authority will send the successful firm a Notice of Award letter. The Notice of
				  Award letter shall contain a list of the additional documents required to be
				  submitted by the contractor with the executed contract. The Authority will
				  specify the time within which the executed contract and required documents must
				  be returned.
(b) Each payment and
				  each performance bond must be in an amount at least equal to the total contract
				  price.
1. All bonds shall comply with the
				  requirements of this chapter and relevant State statutes. All bonds submitted
				  by the contractor shall be issued only in accordance with
				  2A:44-143 through 147 to the
				  contractor and shall indicate aggregate bonding limits.
2. Bonds shall be issued only by companies
				  authorized to transact business in the State of New Jersey.
3. Two or more companies may underwrite the
				  payment and performance bonds on a project if the aggregate of their
				  underwriting limitations, as established by United States Treasury Department
				  Circular 570, is not exceeded by the penal sum of the bonds. Each company may
				  limit its liability, upon the face of the bond or power of attorney form, to a
				  definite specified amount within its underwriting limitation. Such obligations
				  must be executed by the principal and sureties jointly and severally.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38A - PROCEDURES FOR PREQUALIFICATION OF CONTRACTORS AND PROFESSIONAL SERVICES CONSULTANTS FOR THE NEW JERSEY SCHOOLS CONSTRUCTION PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 19:38A-1.1 - Purpose, scope, and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
These rules are promulgated by the New Jersey Schools
					 Development Authority (the Authority), an entity formed pursuant to
					 P.L.
					 2007, c. 137
					 (52:18A-235 et seq.), as successor
					 to the New Jersey Schools Construction Corporation. The rules are promulgated
					 to implement Sections 26, 59, 60, and 61 of the Act (18A:7G-26 and
					 18A:7G-33 through 35), and
					 52:34-9.3. These rules shall apply
					 to the procurement of contractors and consultants and their use of
					 subcontractors and subconsultants on all school facilities projects and
					 pre-development activities undertaken by the Authority and to certain
					 categories of such firms who are engaged to provide goods and/or services to
					 school districts which undertake their own school facilities projects and
					 receive funding from the Authority. These rules are adopted in order to provide
					 the mechanism whereby firms wishing to work on school facilities projects and
					 pre-development activities may be prequalified by the Authority. Any firm
					 which, pursuant to these rules, is required to be prequalified by the Authority
					 in order to provide goods and/or services for school facilities projects and
					 pre-development activities, shall, at a minimum, comply with the requirements
					 of this chapter, as applicable.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38A - PROCEDURES FOR PREQUALIFICATION OF CONTRACTORS AND PROFESSIONAL SERVICES CONSULTANTS FOR THE NEW JERSEY SCHOOLS CONSTRUCTION PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 19:38A-1.2 - Construction of rules

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter shall be liberally construed to permit the
					 Authority to discharge its statutory functions under the Act.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38A - PROCEDURES FOR PREQUALIFICATION OF CONTRACTORS AND PROFESSIONAL SERVICES CONSULTANTS FOR THE NEW JERSEY SCHOOLS CONSTRUCTION PROGRAM › Subchapter 2 - GENERAL REQUIREMENTS › Section 19:38A-2.1 - Requirement to be prequalified

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For
				  Authority-managed projects, a contractor or professional services consultant
				  that desires to submit bids or proposals for school contracts is required to be
				  prequalified by the Authority pursuant to this chapter. A contractor must be
				  SDA prequalified, including having complied with
				  19:38A-3.1 regarding obtaining a
				  DPMC Classification as of the due date for the submission of the Project Rating
				  Proposal. A professional services consultant must be SDA prequalified,
				  including having complied with
				  19:38A-3.1 regarding obtaining a
				  DPMC Prequalification, by the time specified in N.J.A.C. 19:38C for the
				  appropriate category of contract.
(b) For Authority-managed projects, all
				  subcontractors required to be named in the bid, whether pursuant to
				  52:18A-243, the advertisement for
				  the specific contract, or the contract documents, are required to be SDA
				  prequalified pursuant to these regulations, including having complied with
				  19:38A-3.1 regarding obtaining a
				  DPMC classification, prior to the submission of the Price Proposal. All
				  subconsultants required to be named in the proposal are required to be SDA
				  prequalified, including having complied with
				  19:38A-3.1 regarding obtaining a
				  DPMC prequalification, by the time specified in the request for
				  proposals.
(c) For
				  Authority-managed projects, in addition to the requirements of (a) and (b)
				  above:
1. All subcontractors of any tier in
				  the trades listed in this paragraph, engaged in subcontracts valued at $
				  500,000 or more, whether required to be named in the bid or not, are required
				  to be prequalified by the Authority pursuant to this chapter. Such
				  subcontractors must be SDA prequalified, including having complied with
				  19:38A-3.1 regarding obtaining a
				  DPMC Classification, prior to performing the work. These subcontractor trades
				  are:
i. Construction Manager as
				  Constructor;
ii. Design
				  Build;
iii. General
				  Construction;
iv. General
				  Construction/Alterations and Additions;
v. Concrete/Foundation/Footings/Masonry
				  work;
vi. Demolition;
vii. Structural Steel and Ornamental
				  Iron;
viii. Plumbing;
ix. Heating, Ventilation and Air
				  Conditioning;
x. Sprinkler
				  Systems;
xi. Electrical;
xii. Roofing-Membrane EPDM;
xiii. Roofing-Membrane
				  PVC/CPE/CSPE;
xiv. Roofing-Membrane
				  Modified Bitumen;
xv.
				  Roofing-Urethane;
xvi.
				  Roofing-Built Up;
xvii.
				  Roofing-Metal;
xviii.
				  Roofing-Tile/Slate/Shingles;
xix.
				  Asbestos Removal/Treatment;
xx.
				  Asbestos Removal/Mechanical; and
xxi. Lead Paint Abatement; and
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38A - PROCEDURES FOR PREQUALIFICATION OF CONTRACTORS AND PROFESSIONAL SERVICES CONSULTANTS FOR THE NEW JERSEY SCHOOLS CONSTRUCTION PROGRAM › Subchapter 3 - APPLICATION AND NOTICE OF PREQUALIFICATION DETERMINATION › Section 19:38A-3.1 - Prequalification application

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A firm
				  seeking initial prequalification with the Authority must apply to DPMC and
				  obtain a contractor DPMC Classification or consultant DPMC Prequalification.
				  Upon securing a DPMC Classification or Prequalification, the firm shall submit
				  an application to the Authority. See
				  18A:7G-34.
(b) A firm seeking to renew an existing SDA
				  prequalification must file a timely and complete renewal application. A renewal
				  application will be considered timely if it is received by SDA no later than 10
				  business days after the expiration date of the existing SDA prequalification. A
				  renewal applicant must apply to DPMC and obtain a contractor DPMC
				  Classification or consultant DPMC Prequalification. Because the DPMC and SDA
				  expiration dates generally coincide, a renewal applicant may submit its SDA
				  renewal application including either:
1. A
				  copy of its renewed Notice of DPMC Classification or Prequalification, if
				  available; or if not available,
2.
				  A certification on a form developed by the Authority, that the applicant firm
				  has filed with DPMC to renew its DPMC Classification or Prequalification. A
				  firm which files a renewal application before receiving its Notice of DPMC
				  Classification or Prequalification must provide a copy of the DPMC Notice to
				  SDA, within five business days of receiving it. If the firm's DPMC application
				  is denied or otherwise closed without being granted, the firm must notify SDA
				  within five business days of its being advised of DPMC's action. A renewal
				  applicant will have a maximum of 60 days from the date its renewal application
				  is received by SDA to provide SDA with a copy of its renewed Notice of DPMC
				  Classification or Prequalification. If the renewal applicant does not file a
				  copy of its renewed Notice of DPMC Classification or Prequalification within
				  that time, the renewal application may be administratively closed.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38A - PROCEDURES FOR PREQUALIFICATION OF CONTRACTORS AND PROFESSIONAL SERVICES CONSULTANTS FOR THE NEW JERSEY SCHOOLS CONSTRUCTION PROGRAM › Subchapter 3 - APPLICATION AND NOTICE OF PREQUALIFICATION DETERMINATION › Section 19:38A-3.2 - Notice of Prequalification determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon a
				  determination by the Authority that the firm should be prequalified, the
				  Authority shall send to the firm a Notice of Prequalification. The Authority
				  will post a listing of prequalified firms on the Authority's website.
(b) A firm will be notified in writing if its
				  application is administratively closed.
(c) If prequalification is denied, the firm
				  will be notified in writing of the reasons for the denial. Any firm protesting
				  the denial of an initial application for prequalification shall provide
				  information in writing to the Authority, to explain why it should be granted
				  prequalification. The firm shall submit written information to the Corporation
				  within 30 calendar days of receiving the notice of denial, unless a longer time
				  is agreed to by the Authority. The Authority's decision on the protest shall be
				  embodied in a written decision provided to the firm, which shall constitute
				  final agency action by the Authority.
(d) A firm whose initial prequalification
				  application has been denied may not participate in a school facilities project
				  or pre-development activity in any capacity as to which prequalification is
				  required. The firm may reapply for prequalification upon curing the deficiency
				  which led to the denial of prequalification.
(e) Prequalification approval for any firm is
				  non-transferable and shall be valid only for a fixed length of time, which
				  shall coincide with the firm's DPMC Classification or Prequalification, but may
				  not exceed two years.
(f)
				  Throughout the term of is prequalification, a firm shall notify the Authority
				  and the OGI in writing of any material change in the information on its
				  application, within 10 business days of when such change occurs.
(g) Any prequalification approved by the
				  Authority under interim procedures in place prior to May 15, 2006 shall remain
				  valid until the expiration date assigned at the time that prequalification was
				  approved.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38A - PROCEDURES FOR PREQUALIFICATION OF CONTRACTORS AND PROFESSIONAL SERVICES CONSULTANTS FOR THE NEW JERSEY SCHOOLS CONSTRUCTION PROGRAM › Subchapter 4 - REVOCATION, SUSPENSION AND DEBARMENT › Section 19:38A-4.2 - Effect of revocation of prequalification or denial of a renewal application

Current through Register Vol. 56, No. 14, July 15, 2024
A firm whose renewal prequalification application has been
					 denied, or whose prequalification has been revoked, may not participate in a
					 school facilities project or predevelopment activity in any capacity as to
					 which prequalification is required; provided, however, that in its sole
					 discretion, the Authority or school district, as appropriate, may permit the
					 firm to complete some or all of its existing school contracts when doing so is
					 in the public interest. The firm may reapply for prequalification upon curing
					 the deficiency which led to the denial or revocation of
					 prequalification.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38A - PROCEDURES FOR PREQUALIFICATION OF CONTRACTORS AND PROFESSIONAL SERVICES CONSULTANTS FOR THE NEW JERSEY SCHOOLS CONSTRUCTION PROGRAM › Subchapter 4 - REVOCATION, SUSPENSION AND DEBARMENT › Section 19:38A-4.3 - Grounds for suspension

Current through Register Vol. 56, No. 14, July 15, 2024
In the public interest, the Authority may suspend a firm
					 for any cause specified in
					 19:38A-4.1, or upon reasonable
					 suspicion that such cause exists.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38A - PROCEDURES FOR PREQUALIFICATION OF CONTRACTORS AND PROFESSIONAL SERVICES CONSULTANTS FOR THE NEW JERSEY SCHOOLS CONSTRUCTION PROGRAM › Subchapter 4 - REVOCATION, SUSPENSION AND DEBARMENT › Section 19:38A-4.4 - Conditions for suspension

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  conditions for the suspension of a firm shall include the following:
1. Suspension shall be imposed only upon
				  approval of the CEO and the Attorney General, except as otherwise provided by
				  law.
2. The existence of any cause
				  for suspension shall not require that a suspension be imposed, and a decision
				  to suspend shall be made at the discretion of the CEO and the Attorney General
				  and shall be rendered in the best interest of the State.
3. Suspension shall not be based upon
				  unsupported accusation, but upon reasonable suspicion that cause
				  exists.
4. In assessing whether
				  reasonable suspicion exists, consideration shall be given to the credible
				  information provided to or obtained by the Office, to the existence or absence
				  of corroboration as to important allegations, and to inferences that may
				  properly be drawn from the existence or absence of affirmative facts.
5. Reasonable suspicion of the existence of a
				  cause described in
				  19:38A-4.1(b) 
				  may be established by the rendering of a final judgment or judgment of
				  conviction by a court or administrative agency of competent jurisdiction, by
				  grand jury indictment or by other information that such causes did in fact
				  occur.
6. A suspension invoked by
				  another agency of government for a cause equivalent to one described in
				  19:38A-4.1(b) 
				  may be the basis for the imposition of a concurrent suspension by the
				  Authority, which may impose such suspension when found to be in the best
				  interest of the State.
7.
				  Suspension may include all known affiliates of a firm, provided that each
				  decision to include an affiliate is made on a case by case basis after giving
				  due regard to all relevant facts and circumstances.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38A - PROCEDURES FOR PREQUALIFICATION OF CONTRACTORS AND PROFESSIONAL SERVICES CONSULTANTS FOR THE NEW JERSEY SCHOOLS CONSTRUCTION PROGRAM › Subchapter 4 - REVOCATION, SUSPENSION AND DEBARMENT › Section 19:38A-4.5 - Procedures, period of suspension, and scope of suspension

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Authority may suspend a firm, provided that at least 10 days before the
				  effective date of the suspension, the Authority provides such firm with a
				  written notice:
1. Stating that a suspension
				  has been imposed and stating its effective date;
2. Setting forth the reasons for the
				  suspension to the extent that the Attorney General determines that such reasons
				  may be properly disclosed;
3.
				  Stating that the suspension is for a temporary period pending the completion of
				  an investigation and any legal proceedings that may ensue; and
4. Indicating that, if such legal proceedings
				  are not commenced, or the suspension removed within 60 days of the date of such
				  notice, the firm or the individual will be given either a statement of the
				  reasons for the suspension and an opportunity for a hearing, or a statement
				  declining to give such reasons which sets forth the Authority's position
				  regarding the continuation of the suspension. Where the Authority suspends a
				  firm based on a suspension by any other agency of government, the Authority
				  shall identify same as a reason for the suspension.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38A - PROCEDURES FOR PREQUALIFICATION OF CONTRACTORS AND PROFESSIONAL SERVICES CONSULTANTS FOR THE NEW JERSEY SCHOOLS CONSTRUCTION PROGRAM › Subchapter 4 - REVOCATION, SUSPENSION AND DEBARMENT › Section 19:38A-4.6 - Grounds for debarment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A firm or
				  person may be debarred for any of the causes listed in
				  19:38A-4.1.
(b) The Authority shall have the burden of
				  proof by clear and convincing evidence in any debarment action. The rendering
				  of a final judgment, including by a guilty plea or plea of
nolo
				  contendere
, by a court of competent jurisdiction or by an
				  administrative agency empowered to render such judgment, shall be sufficient
				  but not required to establish the existence of the causes set forth in
				  19:38A-4.1(b)7,
				  8, 9, and 10.
(c) The existence of
				  any of the causes listed in
				  19:38A-4.1 shall not necessarily
				  require that a firm or person be debarred. In each instance, the decision to
				  debar shall be made within the discretion of the Authority unless otherwise
				  required by law and shall be rendered in the best interests of the
				  State.
(d) All mitigating factors
				  shall be considered in determining the seriousness of the offense, failure or
				  inadequacy of performance, and in deciding whether to debar.
(e) If a firm, key person, or person required
				  to be listed in the application has been convicted of a crime which may be
				  grounds for debarment, the Authority may consider any of the actions listed in
				  19:38A-4.1(d),
				  which are taken or proposed by the firm, in determining whether to
				  debar.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38A - PROCEDURES FOR PREQUALIFICATION OF CONTRACTORS AND PROFESSIONAL SERVICES CONSULTANTS FOR THE NEW JERSEY SCHOOLS CONSTRUCTION PROGRAM › Subchapter 4 - REVOCATION, SUSPENSION AND DEBARMENT › Section 19:38A-4.7 - Effect of debarment or suspension

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any firm
				  which has been debarred or suspended is precluded during the period of
				  debarment or suspension from bidding on, proposing on, or entering any contract
				  or subcontract for a school facilities project or pre-development activity
				  managed or funded by the Authority, and from providing any goods or services on
				  any school facilities project or pre-development activity managed or funded by
				  the Authority; provided, however, that in its sole discretion, the Authority or
				  school district, as appropriate, may permit the firm to complete some or all of
				  its existing school contracts when doing so is in the public
				  interest.
(b) Debarment shall be
				  for a reasonable, definitely stated period of time, which as a general rule
				  shall not exceed five years. Debarment for an additional period shall be
				  permitted provided that notice thereof is furnished and the firm is afforded an
				  opportunity to present information in its behalf to explain why the additional
				  period of debarment should not be imposed.
(c) Debarment may include all known
				  affiliates of a firm, provided that each decision to include an affiliate is
				  made on a case by case basis after giving due regard to all relevant facts and
				  circumstances.
(d) Except as
				  otherwise provided by law, a debarment may be removed or the period thereof may
				  be reduced at the discretion of the Authority upon the submission of a good
				  faith application under oath, supported by documentary evidence, setting forth
				  substantial and appropriate grounds for the granting of relief, such as newly
				  discovered material evidence; reversal of a conviction or judgment; actual
				  change of ownership, management, or control; or the elimination of the causes
				  for which the debarment was imposed.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38A - PROCEDURES FOR PREQUALIFICATION OF CONTRACTORS AND PROFESSIONAL SERVICES CONSULTANTS FOR THE NEW JERSEY SCHOOLS CONSTRUCTION PROGRAM › Subchapter 4 - REVOCATION, SUSPENSION AND DEBARMENT › Section 19:38A-4.8 - Notice of adverse action

Current through Register Vol. 56, No. 14, July 15, 2024
When the Authority determines to deny a timely and
					 complete renewal application, revoke prequalification, or debar, it shall serve
					 written notice upon the subjects of the adverse action, clearly stating the
					 causes for the adverse action.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38A - PROCEDURES FOR PREQUALIFICATION OF CONTRACTORS AND PROFESSIONAL SERVICES CONSULTANTS FOR THE NEW JERSEY SCHOOLS CONSTRUCTION PROGRAM › Subchapter 4 - REVOCATION, SUSPENSION AND DEBARMENT › Section 19:38A-4.9 - Appeal process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any firm or
				  person which is the subject of an adverse action, and which desires to appeal
				  the Authority's determination, must transmit a written request to the Authority
				  within seven calendar days of receipt of the notice of adverse
				  action.
(b) If the adverse action
				  is based upon an agency of government's prior similar action, the Authority may
				  also impose a similar adverse action without affording an opportunity for a
				  hearing, provided the Authority furnishes notice of the proposed similar
				  adverse action to that party, and affords that party an opportunity to present
				  information in its behalf to explain why the proposed similar adverse action
				  should not be imposed in whole or in part.
(c) If the adverse action determination is
				  based upon a criminal, civil or administrative judgment, the criminal, civil,
				  or administrative judgment shall be proof of any fact essential to sustain it.
				  The validity of the judgment may not be challenged on appeal.
(d) Upon timely appeal, a hearing shall be
				  afforded in the following circumstances:
1.
				  When a firm or person is proposed for debarment;
2. When a current, valid prequalification is
				  revoked; or
3. When a timely and
				  complete application to renew a current, valid prequalification is
				  denied.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 1 - GENERAL PROVISIONS › Section 19:38B-1.1 - Purpose and applicability of rules

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter
				  is designed to implement the Educational Facilities Construction and Financing
				  Act, P.L.
				  2000, c. 72
				  (18A:7G-1 et seq.), as amended,
				  and P.L.
				  2007, c. 137
				  (52:18A-235 et seq.) (the "Act"),
				  by establishing procedures for the procurement of contractors to permit the
				  Authority to carry out its broad statutory mandate to plan, design and
				  construct school facilities projects and effectively administer the Authority's
				  schools construction program. Specifically, these rules are intended to
				  implement the provisions of
				  52:18A-243, which authorizes the
				  procurement of contractors through the consideration of "price and other
				  factors."
(b) These rules provide
				  for the Authority to award construction contracts based on the selection of a
				  bidder whose bid proposal, conforming to the invitation to bids, is determined
				  to be "most advantageous" to the SDA, based upon a combination of cost and
				  qualitative factors, with consideration given to price at least equal to the
				  consideration given to all other factors combined, pursuant to the Authority's
				  originating statute at
				  52:18A-243. The rules provide for
				  a selection process that includes:
1. The
				  public advertisement of a request for proposals (RFP) that describes the school
				  facilities project, outlines the scope of work for the project, outlines the
				  criteria to be used for selection and the weight that will be given to each of
				  these criteria in the evaluation process;
2. The submission of Project Rating Proposals
				  and the issuance of a Project Rating by the Authority; and
3. The submission of responses to the RFP
				  which include the price proposal and the technical submittal.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 2 - GENERAL REQUIREMENTS › Section 19:38B-2.1 - Prequalification requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Only those
				  firms holding a valid Notice of Prequalification shall be eligible to submit a
				  Project Rating Proposal and response to an RFP under this chapter. In order to
				  be eligible, the firm's prequalification must be valid on the due date for the
				  submission of the Project Rating Proposal, and on the due date for the
				  submission of technical submittals and price proposals.
(b) The Authority may establish appropriate
				  and special prequalification requirements as may be necessary in order to
				  ensure competitive technical submittals and price proposals, or as may be
				  dictated by the unique or specialized nature of the work to be performed under
				  the agreement.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 2 - GENERAL REQUIREMENTS › Section 19:38B-2.2 - Advertising

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Advertising
				  shall be performed in accordance with
				  52:18A-243(h). In
				  addition, such advertising may also be placed:
1. In design and construction publications
				  and trade journals covering the construction industry in New Jersey;
2. By written notice to New Jersey trade
				  groups or professional societies; or
3. By use of direct mailings to
				  contractors.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 2 - GENERAL REQUIREMENTS › Section 19:38B-2.3 - Rejection of submittals; cancellation of procurement or award

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Submittals
				  received after the submission date and time prescribed in the advertisement and
				  RFP shall be rejected.
(b) The
				  Authority may reject any submittal for any reason, in accordance with law, when
				  it is otherwise deemed to be in the public interest to do so. The Authority may
				  reject all submittals and cancel a procurement for excessive cost, insufficient
				  competition, insufficient funds, or any other reason, in accordance with law,
				  that it deems to be in the public interest.
(c) The Authority may cancel a Notice of
				  Award at any time prior to execution of an agreement by the Authority, if the
				  Authority deems it advisable to do so in the interest of the State or the
				  public interest.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 2 - GENERAL REQUIREMENTS › Section 19:38B-2.4 - Validity and execution of agreement

Current through Register Vol. 56, No. 14, July 15, 2024
No agreement is valid or binding on the Authority unless
					 and until it is executed by an appropriately authorized representative of the
					 Authority.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 2 - GENERAL REQUIREMENTS › Section 19:38B-2.5 - Termination

Current through Register Vol. 56, No. 14, July 15, 2024
All agreements executed pursuant to this chapter shall
					 provide for, among other things, termination for the convenience of the
					 Authority and for cause.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 2 - GENERAL REQUIREMENTS › Section 19:38B-2.6 - Disclosure and publicity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any and all
				  submissions made in response to an RFP are subject to the provisions of the
				  Open Public Records Act,
				  P.L.
				  2001, c. 404,
				  47:1A-1 et seq., and the
				  exceptions from disclosure provided therein.
(b) Contractors shall notify the Authority
				  prior to the issuance of press releases and other public dissemination of
				  information concerning a school facilities project, and such shall acknowledge
				  Authority financing and assistance in the undertaking of the school facilities
				  project.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 2 - GENERAL REQUIREMENTS › Section 19:38B-2.7 - Access and record retention

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  contractor shall keep and maintain, and shall require all subcontracted parties
				  to keep and maintain, those records and accounts for school facilities project
				  activities as necessary in order to evidence compliance with the Act and all
				  applicable regulations and contractual requirements. Such records shall be
				  retained by the contractor for 10 years following substantial completion of a
				  school facilities project, and any additional period required for the
				  resolution of litigation, claims or audit findings, and shall thereafter be
				  transferred to the Authority, unless the Authority, in its sole discretion,
				  requests an earlier transfer of such records from the contractor to the
				  Authority or another designated entity. At any time, upon request of the
				  Authority, the contractor shall make records relating to the project available
				  to the Authority, within four business days of the request for documents, and
				  at no cost to the Authority.
(b) In
				  the event that any litigation, claim, audit or request pursuant to the Open
				  Public Records Act,
				  47:1A-1 et seq., relating to the
				  procurement or the performance of work under the agreement is commenced prior
				  to expiration or termination of the agreement, 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.
(c) The
				  contractor shall provide the State Comptroller and the State Auditor all
				  records and accounts pertaining to school facilities projects to aid the State
				  Comptroller and the State Auditor in their investigations, examinations and
				  inspections of the activities related to the financing and construction of
				  school facilities projects. The contractor shall cooperate, upon request, in
				  sharing information with other state or Federal entities.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 2 - GENERAL REQUIREMENTS › Section 19:38B-2.8 - 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
					 RFP or in its Project Rating Proposal or in the course of any hearing under
					 this chapter may be disqualified from bidding, suspended and/or debarred and
					 may be subject to prosecution pursuant to applicable law.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 2 - GENERAL REQUIREMENTS › Section 19:38B-2.9 - 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
				  Authority.
(b) Unauthorized changes
				  to a bidder's key team members who were specifically identified in the response
				  to the RFP at any time during the selection process may result in the
				  elimination of the bidder from further consideration.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 3 - INITIATION OF PROCUREMENT AND PROJECT RATING › Section 19:38B-3.1 - Initiation

Current through Register Vol. 56, No. 14, July 15, 2024
A procurement under this chapter shall be initiated by the
					 public advertisement of a request for proposals (RFP). The advertisement shall
					 specify the dates for submission of responses to the RFP, including the
					 submission of a Project Rating Proposal which shall precede the date for
					 submission of technical submittals in response to the RFP.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 3 - INITIATION OF PROCUREMENT AND PROJECT RATING › Section 19:38B-3.2 - Submission of Project Rating Proposal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A firm must
				  submit a Project Rating Proposal and receive a Project Rating from the
				  Authority in order to submit a technical submittal in response to an RFP under
				  this chapter.
(b) The Project
				  Rating Proposal shall be delivered by the firm to the Authority at the hour,
				  date and place specified in the bid advertisement as may be modified by
				  addendum. Project Rating Proposals will be accepted only from firms currently
				  prequalified with the Authority in accordance with N.J.A.C. 19:38A. A firm may
				  not submit a Project Rating Proposal prior to the effective date of the firm's
				  prequalification.
(c) The Authority
				  shall examine the Project Rating Proposal and all documents required to be
				  submitted with the Project Rating Proposal for completeness and conformity with
				  bidding requirements. If the Authority determines that a Project Rating
				  Proposal received for a school facility package must be rejected as
				  nonresponsive, it shall notify the firm in writing of the rejection of its
				  Project Rating Proposal and the reason for the rejection within 10 business
				  days of the receipt of the Project Rating Proposal unless there are
				  circumstances that require additional time.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 3 - INITIATION OF PROCUREMENT AND PROJECT RATING › Section 19:38B-3.3 - Prior Project Rating

Current through Register Vol. 56, No. 14, July 15, 2024
If, in the prior 24-month period, a firm has been assigned
					 a Project Rating, the firm may so indicate on the signed Project Rating
					 Proposal submitted for each project and may request that the Authority apply
					 the prior Project Rating to the current bid, provided that the firm certifies
					 that there has been no change regarding safety, prevailing wage record, or its
					 Authority Project Evaluation Record since the prior Project Rating was
					 assigned.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 3 - INITIATION OF PROCUREMENT AND PROJECT RATING › Section 19:38B-3.4 - Calculation of the Project Rating

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Firms shall
				  supply the information required for the calculation of a Project Rating in the
				  trade for which the firm is seeking a Project Rating. The Project Rating shall
				  be based on the following factors:
1. A check
				  of references supplied by the firm on projects completed by the firm in the
				  past seven years. This includes information regarding the firm's performance on
				  other school facilities projects;
2. Information regarding the firm's safety
				  record;
3. Information regarding
				  the firm's prevailing wage record; and
4. Other information deemed relevant by the
				  Authority.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 3 - INITIATION OF PROCUREMENT AND PROJECT RATING › Section 19:38B-3.5 - Determination of Project Rating

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A firm's
				  Project Rating for a particular trade shall be determined in accordance with
				  the following formula:
A [times] (100% + B + C + D)
where:
A = the firm's largest completed project in a specific
					 trade listed in the Project Rating Proposal;
B = the sum of the Reference Adjustment calculated pursuant
					 to this chapter;
C = the Safety Adjustment calculated pursuant to this
					 chapter; and
D = the Prevailing Wage Adjustment calculated pursuant to
					 this chapter.
(b) The
				  Project Rating assigned for procurements under this chapter shall not include
				  consideration of the firm's prior Authority Project Evaluations, or calculation
				  of a Performance Evaluation Multiplier.
(c) A firm's Project Rating for a trade
				  cannot exceed the firm's Aggregate Rating and cannot exceed 170 percent of the
				  firm's largest listed completed project.