New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 44 - CONSTRUCTION SERVICES › Subchapter 2 - DEFINITIONS › Section 16:44-2.1 - 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:
"Affiliates" means persons having a relationship such that
				  any one of them directly or indirectly controls or has the power to control
				  another.
"Bureau" means the Bureau of Construction Services,
				  Procurement Division, at the New Jersey Department of Transportation.
"Classification" means the process that assigns a project
				  rating to a contractor that denotes the work types and maximum dollar amount of
				  a contract on which the Department will allow the contractor to submit a
				  bid.
"Classified" means the status of having qualified to bid or
				  contract with the Department based on completion of the classification
				  process.
"Commissioner" means the Commissioner of the New Jersey
				  Department of Transportation.
"Contractor" means a person that is classified, or who has
				  applied for classification, to perform work under contract with the
				  Department.
"Corporate or LLC reorganization" means any change in the
				  structure or organization of a corporation or limited liability company (LLC)
				  when one or more of the following events occur:
1. A change in ownership of more than five percent;
2. A transfer of the assets, in whole or in part, from the
				  existing corporation or LLC to another or new corporation or LLC;
3. Any modification of the entity's name;
4. Any other change, modification, dissolution, transfer of,
				  deletion from or addition to the entity which may affect the operation of the
				  corporation or LLC as a contractor; or
5. Any change in operation or function of the corporation or
				  LLC, such as a change in industry classification.
"Debarment" means an exclusion from the ability to contract
				  with the Department.
"Department" means the New Jersey Department of
				  Transportation.
"Department contracting" means any arrangement giving rise to
				  an obligation to supply anything to, or perform any service for the Department,
				  other than by virtue of State employment, or to supply anything to, or perform
				  any service for private or public persons where the Department provides
				  substantial financial assistance or retains the right to approve or disapprove
				  the nature or quality of the goods or service or the persons who may supply or
				  perform the goods or service.
"Disqualification" means a debarment or a suspension for a
				  specified period of time, which denies or revokes a contractor's ability to bid
				  or contract with the Department.
"Equivalent project" means a project whose work scope and
				  complexity level is considered to be equal to that of a Department project,
				  such as work undertaken for other state departments of transportation, state
				  highway authorities, U.S. Army Corps of Engineers, New Jersey Turnpike
				  Authority, South Jersey Turnpike Authority, NJ Transit and Port Authority of
				  New York and New Jersey.
"Financial capability" means the dollar threshold on the
				  maximum amount of a project rating, which may be assigned by the Department
				  pursuant to
				  16:44-3.6 upon examination of the
				  contractor's Questionnaire and financial statement in accordance with this
				  chapter.
"Overall performance rating" means the average of all
				  performance ratings assigned to a contractor within the last four consecutive
				  years of rated periods.
"Performance rating" means the numerical rating, expressed as
				  a percentage, assigned to a contractor for a project(s) completed within the
				  last four consecutive years of rated periods. The performance rating shall be
				  calculated on the basis of the contractor's performance as reported on Form
				  DC-83, which has been completed by the Department's RE upon final acceptance of
				  the applicable project(s).
"Person" means any individual, company, firm, sole
				  proprietorship, partnership, association, corporation, joint stock company,
				  limited liability company, or other business entity, and their lessees,
				  trustees, assignees or receivers.
"Plans" means the construction plans and contract documents
				  for an advertised project for which bids will be accepted, as amended by
				  addenda and change of plans, if any. Plans include the version of the standard
				  details specified on the key sheet.
"Project" means Department contracts for construction or
				  maintenance as described in a Department advertisement.
"Project rating" means the maximum dollar amount that a
				  contractor shall be allowed to bid in a particular work type on an individual
				  project.
"Questionnaire" means information, including, but not limited
				  to, financial statements, equipment statements, experience and past performance
				  records submitted under oath in response to the current version of Department
				  Form DC-74A.
"Rated period" means the interval of time that the Department
				  uses to evaluate contractors through their performance ratings.
"RE" means the Department's field representative having
				  direct supervision of the administration of a project.
"Related project" means a project whose work scope and
				  complexity level is considered to be related to that of a Department project,
				  such as work undertaken for a county, township, municipality or utility
				  authority.
"Special Provisions" means attachments to the Standard
				  Specifications, which include project specific requirements prepared using the
				  Department's current Standards Inputs and required non-standard specifications,
				  which are not covered in either the Standard Specifications or the Standard
				  Inputs.
"Standard Specifications" means the 2001 edition of the "New
				  Jersey Department of Transportation Standard Specifications for Road and Bridge
				  Construction," as amended and supplemented, incorporated herein by
				  reference.
"Suspension" means an exclusion from Department contracting
				  pursuant to
				  16:44-11.5.