New Jersey Administrative Code › Title 9A - HIGHER EDUCATION › Chapter 6 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS › Subchapter 1 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS › Section 9A:6-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings unless the context clearly indicates
				  otherwise.
"Acceptance" means the adoption of a law, ordinance, or
				  resolution authorizing the execution of a design-build contract.
"Act" means the sections of the Design-Build Construction
				  Services Procurement Act pertaining to local government contracting units and
				  boards of education, specifically Sections 10 through 17 and
				  sections
				  18 through
				  25 of
				  P.L.
				  2021, c. 71,
				  respectively.
"Best value selection" means a process in which consideration
				  is given to both a price proposal and a technical proposal, and the award of
				  the design-build contract is based upon a combination of price and qualitative
				  considerations pursuant to
				  N.J.A.C.
				  9A:6-1.8, such that the successful bidder is
				  the one whose price bid and technical proposals together are most advantageous
				  to the contracting unit, price, and other factors considered.
"Bidder" means a design-builder submitting a statement of
				  qualifications, or a statement of qualifications and proposal, in response to a
				  request for qualifications or request for proposals for an award of a
				  design-build contract.
"Construction documents" means the plans, specifications, and
				  other documents prepared by the design-builder that set forth, in detail, the
				  design for, and other necessary requirements relating to, the construction of
				  the design-build project.
"Contract milestones" means the dates identified in the
				  project schedule by which the design-builder must complete certain critical
				  activities to advance the project.
"Contracting unit" means a government entity that enters into
				  contracts pursuant to the State College Contracts Law, P.L. 1986, c. 43
				  (N.J.S.A. 18A:64-52 et seq.) or a
				  government entity that enters into contracts pursuant to the County College
				  Contracts Law, P.L. 1982, c. 189 (N.J.S.A.
				  18A:64A-25.1 et seq.).
"Delivery system" means the procedure used to develop and
				  construct a project.
"Design-bid-build" means the delivery system used in public
				  projects in which a licensed and prequalified design professional or designated
				  employee develops the project design in its entirety; the contracting unit then
				  solicits bids and awards the contract to the lowest responsible bidder that
				  demonstrates the ability to complete the project specified in the
				  design.
"Design-build contract" means a contract between a
				  contracting unit and a design-builder to provide labor, materials, and other
				  construction services for a public project. A design-build contract may be
				  conditional upon subsequent refinements in scope and price and may permit the
				  contracting unit to make changes in the scope of the project without
				  invalidating the design-build contract.
"Design-build project" means the planning, acquisition,
				  demolition, construction, improvement, alteration, modernization, renovation,
				  reconstruction, or rehabilitation of all or any part of a facility or
				  right-of-way, or of any other personal property necessary for, or ancillary to,
				  any facility or right-of-way, and shall include fixtures, furnishings, and
				  equipment, and shall also include, but is not limited to, site acquisition,
				  site development, architectural and engineering services, construction
				  management, legal services, financing costs and administrative costs, and
				  expenses incurred in connection with the project.
"Design-build project delivery" means a project delivery
				  system that combines all or some portions of the design and construction phases
				  of a construction project into a single contract, including, without
				  limitation, design and regulatory permit approvals.
"Design-builder" means the entity, whether natural person,
				  partnership, joint stock company, corporation, trust, professional corporation,
				  business association, or other legal business entity or successor, that
				  proposes to design and construct any public project, who possesses a public
				  works contractor registration pursuant to the provisions at
				  P.L.
				  1999, c. 238
				  (N.J.S.A.
				  34:11-56.48 et seq.), and who possesses,
				  along with other individual members of the design-build team, requisite
				  classifications or ratings from the New Jersey Division of Property Management
				  and Construction or the New Jersey Department of Transportation, where
				  applicable, relevant to perform work on the project.
"Design official" means an employee of the contracting unit
				  that is both licensed to provide architectural, engineering, and/or surveying
				  services, in accordance with
				  N.J.S.A.
				  45:3-1 et seq., and P.L. 1938, c. 342
				  (N.J.S.A.
				  45:8-27 et seq.) and designated by the
				  contracting unit to be responsible for planning, designing, and observing the
				  construction of a design-build project, or projects on behalf of the
				  contracting unit.
"Design professional" means the entity, whether natural
				  person, partnership, joint stock company, corporation, trust, professional
				  corporation, business association, or other legal business entity or successor
				  that provides licensed and prequalified architectural, engineering, and/or
				  surveying services, in accordance with
				  N.J.S.A.
				  45:3-1 et seq., and P.L. 1938, c. 342
				  (N.J.S.A.
				  45:8-27 et seq.), and that shall be
				  responsible for planning, designing, and observing the construction of the
				  project or projects on behalf of the contracting unit or the design
				  builder.
"Key team member" means an individual identified as having a
				  responsible role in the successful completion of the design-build contract, in
				  the bidder's statement of qualifications and proposal, which response is made
				  part of the contract.
"Legal requirements" means all applicable Federal, State, and
				  local laws, acts, statutes, ordinances, codes, executive orders, rules, and
				  regulations in effect or hereinafter promulgated that apply to the
				  design-builder's performance of services or work pursuant to the agreement,
				  including, but not limited to, 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.), the Construction
				  Industry Independent Contractor Act,
				  P.L.
				  2007, c. 114
				  (N.J.S.A.
				  34:20-1 et seq.), the Occupational Safety and
				  Health Act of 1970, the Soil, Erosion and Sediment Control Act, as well as any
				  requirements of State, Federal, or local authorities having jurisdiction over
				  the project, as applicable.
"Notice of award" or "NOA" means a written notice from the
				  contracting unit to the bidder prior to award, setting forth the contracting
				  unit's intention to enter into a design-build contract with the bidder.
"Performance specifications" means a document provided in the
				  RFP setting forth a description of an end result, objective, or standard of
				  performance that the design-builder is expected to achieve in designing and
				  constructing the project.
"Prequalification" means the contracting unit's approval of a
				  bidder to submit a statement of proposal in response to a request for proposals
				  for a design-build contract.
"Prequalified bidder" means a bidder designated by the
				  contracting unit, based on a statement of qualifications submitted by the
				  bidder, as eligible to submit a proposal in response to a request for proposals
				  issued by the contracting unit.
"Prescriptive specifications" means a document provided in
				  the request for proposals that contains a description of the materials to be
				  employed and/or the manner in which the work is to be performed that the
				  design-builder is required to follow.
"Price proposal" means a sealed proposal containing the
				  maximum cost of providing the required design and construction and other
				  services described in the RFP, which shall not be exceeded if the contracting
				  unit accepts the proposal without change. The price proposal may include a
				  sealed proposal submitted electronically, in accordance with
				  P.L.
				  2020, c. 59.
"Proposal" means a technical proposal and price proposal
				  submitted together by a bidder in response to a request for proposals from a
				  contracting unit. The proposal may include a technical proposal and price
				  proposal submitted together electronically in accordance with
				  P.L.
				  2020, c. 59.
"Proposal evaluation factors" means the requirements for the
				  second phase of the selection process when statements of proposal are
				  reviewed.
"Protest" means a challenge to a decision, statement, action,
				  or alleged inaction of the contracting unit.
"Punchlist" means the list of incomplete or defective work,
				  including work that does not comply with applicable code or legal requirements,
				  to be performed or remedied by the design-builder. Punchlist(s) shall be
				  prepared by the bridging architect in conjunction with the design professional
				  prior to the issuance of the certificate of substantial completion.
"Qualification evaluation factors" means the requirements for
				  the first phase of the selection process when statements of qualification are
				  reviewed, and shall include, but not be limited to: specialized experience,
				  training certification of professional and field workforce, technical
				  competence, capacity to perform, safety modification rating, past performance,
				  and other appropriate factors.
"Ranking" means the process of listing responsive bidders in
				  order of highest to lowest total scores, based upon selection criteria
				  specified in the RFQ and/or RFP.
"Request for proposals" or "RFP" means the document issued by
				  the contracting unit in the second phase of a two-phase selection process that
				  describes the procurement process and forms the basis for the design-build
				  proposals.
"Request for qualifications" or "RFQ" means the document
				  advertised by the contracting unit in the first phase of the two-phase
				  selection process that describes the project in enough detail to allow
				  potential bidders to determine if they wish to compete for a design-build
				  contract and that requests information from bidders regarding the
				  qualifications, experience, and organizational structure of the bidder's
				  proposed design-build team, which information can be used by the contracting
				  unit to prequalify bidders to submit proposals for a design-build
				  contract.
"Schedule" means the schedule prepared and submitted by the
				  bidder in its technical proposal to the contracting unit, wherein the bidder
				  identifies all critical, and certain non-critical, activities, contract
				  milestones, and the projected and actual time periods for completing such
				  activities and contract milestones.
"Selection coordinator" means the administrator of the
				  operations and procedures of the selection process, whose activities shall
				  include, but are not limited to, scheduling of meetings, preparing agendas,
				  recording scores, verifying submittal information, preparing minutes of
				  selection committee meetings, and other similar administrative duties.
"Specification" means a written description included as part
				  of the construction documents, which sets forth the detailed technical and
				  functional characteristics of, or the discrete design for, an item of material,
				  equipment, or work to be incorporated into the design-build project, or a
				  requirement of the work to be performed. A specification may include a
				  statement of any of the contracting unit's requirements and may provide for
				  inspection, testing, or the preparation of a construction item before
				  procurement. Specifications shall augment and complement the drawings and plans
				  prepared by the design-builder.
"Statement of qualifications" means the document(s) submitted
				  by bidders in response to an RFQ that describes the qualifications and
				  capabilities of the bidder and its key team members to perform the scope of
				  services to be included in a design-build contract.
"Stipend" means the fee paid by the contracting unit, for
				  purposes of encouraging the submission of proposals and increasing competition,
				  to any qualified bidder providing design, construction information, or
				  materials presented in response to a request for proposals.
"Substantial completion" means that point in time in the
				  progress of the design-build project when certain conditions specified by the
				  design-build contract have occurred, including, but not limited to, the
				  issuance of a temporary certificate of occupancy, the creation of a punch list,
				  and the determination that the design-build project is ready for use or
				  occupancy, in accordance with its intended use.
"Technical proposal" means the design solutions and other
				  qualitative factors that are provided by a bidder in response to an RFP.
"Technical review committee" means a selection committee
				  comprised of at least a qualified purchasing agent designated as the
				  contracting unit's purchasing agent, the contracting unit's authorized design
				  professional or design official, and the contracting unit's project manager if
				  this individual is separate from the other aforementioned members, who are
				  responsible for reviewing and evaluating responses by bidders to an RFQ and
				  RFP.
"Two-phase selection process" means a procurement process in
				  which the first phase consists of prequalifying bidders based on statements of
				  qualification submitted in response to an RFQ, and the second phase consists of
				  the submission of price and technical proposals by bidders in response to an
				  RFP.
"Work" means all design and construction services performed
				  by the design-builder and its team, including providing all materials,
				  equipment, tools, and labor, necessary to complete the construction, as
				  described in and reasonably inferable from the construction documents and the
				  design-build contract.