New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 36 - PROCUREMENT OF DESIGN BUILD CONTRACTS › Subchapter 1 - GENERAL PROVISIONS › Section 19:36-1.2 - 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.
"Act" means 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, which
					 authorizes the school construction program.
"Best value selection" means a selection 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.
"Bidder" means any legal entity classified by the
					 Department of the Treasury, Division of Property Management and Construction,
					 and prequalified by the Authority, that may submit an offer in response to a
					 request for qualifications or request for proposals for an award of a
					 design-build contract.
"Board" means the governing body of the Authority,
					 consisting of the members of the Authority, as outlined in
					 52:18A-237.
"Bridging architect" means the firm employing persons duly
					 licensed and registered in the State of New Jersey to practice architecture or
					 engineering, which firm may be engaged by the Authority to develop preliminary
					 design work and performance criteria, as well as provide other services, such
					 as construction administration services, in connection with the design and
					 construction of the school facilities project.
"Commissioner" means the Commissioner of the Department of
					 Education.
"Compensation" means payment(s) due to the design-builder
					 for services rendered or work performed or pursuant to the 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 school facilities project, based on the requirements set forth in the
					 design-build information package.
"Construction manager" or "CM" means the firm that may be
					 engaged by the Authority to act as the Authority's representative for the
					 school facilities project and to provide construction management services, in
					 connection with construction of the project.
"Contract milestones" means the dates identified in the
					 school facilities project schedule by which the design-builder must complete
					 certain critical activities to advance the project.
"DCA" means the New Jersey Department of Community
					 Affairs.
"Deliverables" means any documents required to be produced
					 by, or work product generated by the design-builder, pursuant to the
					 design-build contract.
"Department" means the New Jersey Department of
					 Education.
"Design-build contract" means the written, integrated
					 agreement between the Authority and the design-builder setting forth the
					 obligations of the parties, including, but not limited to, the performance of
					 work and services and the basis for payment.
"Design-build information package" means the package of
					 information that is included in the RFP, which sets forth the minimum design
					 requirements, performance specifications, and other project requirements, for
					 the purpose of furnishing sufficient information so that bidders may prepare
					 technical and price proposals.
"Design-build project delivery" means a project delivery
					 method that combines all or some portions of the design and construction phases
					 of a school facilities project into a single contract, including, without
					 limitation, design, regulatory permit approvals, and utility relocation and
					 construction.
"Design-builder" means the entity contractually responsible
					 for delivering the design and construction and, if applicable, other services
					 for the school facilities project in accordance with the design-build
					 contract.
"Development Authority," "Authority" or "SDA" means the New
					 Jersey Schools Development Authority, an entity which is statutorily charged
					 with undertaking and funding school facilities projects under the Act and which
					 is the entity formed pursuant to
					 P.L.
					 2007, c. 137, as
					 successor to the New Jersey Schools Construction Corporation.
"Guaranteed maximum price" or "GMP" means a method of
					 compensation for the design-builder, including, but not limited to, the
					 design-builder's fee, the costs of all work, and any other prices, as set forth
					 in accordance with the design-build contract, which is the maximum price the
					 Authority shall pay 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 response to the Authority's RFQ or RFP, 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 under the agreement,
					 including, but not limited to, the current versions of the Building Design
					 Services Act, the New Jersey Uniform Construction Code, the DCA Homeland
					 Security Best Practices Standards for Schools under Construction or Being
					 Planned for Construction, the Occupational Safety and Health Act of 1970, the
					 Soil, Erosion and Sediment Control Act, as well as any requirements of local or
					 national authorities having jurisdiction over the project, as
					 applicable.
"Notice of award" or "NOA" means a written notice from the
					 Authority to the bidder prior to award, setting forth the Authority's intention
					 to enter into a design-build contract with the bidder.
"Notice to proceed" means a written notice from the
					 Authority setting the commencement date on which the design-builder is
					 authorized to commence performing services and work pursuant to the
					 design-build contract.
"Performance specifications" means a document provided in
					 the design-build information package, 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 approval of a bidder by the
					 Authority, pursuant to N.J.A.C. 19:38A, for the submission of a statement of
					 qualifications and proposals for a design-build contract. The prequalification
					 process is separate from short listing as elsewhere provided in this
					 chapter.
"Prescriptive specifications" means a document provided in
					 the design-build information package 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 the price submitted by the bidder to
					 provide the required design and construction and other services described in
					 the RFP, which may be submitted in the form of a GMP, if so required by the
					 RFP.
"Professional services consultants" or "consultants" means
					 the architect, engineer, land surveyor, or other individual or professional
					 firm providing services related to its respective occupation, which require
					 unique professional or technical skills, licenses, or other credentials, which
					 services are associated with research, development, design, construction,
					 construction administration, alteration, or improvement to real property, as
					 well as incidental services that members of these professions and those in
					 their employ may logically or justifiably perform. These professional services
					 consultants may provide services including, but not limited to, studies
					 (including feasibility studies), investigations, surveys, evaluations,
					 consultations, appraisals, planning, programming, conceptual designs, plans and
					 specifications, cost estimates, construction management, inspections, submittal
					 reviews, testing, commissioning, provision of insurance, preparation of
					 operating and maintenance manuals, and other related services, and shall
					 include those consultants who provide "professional architectural, engineering,
					 or land surveying services" within the meaning of
					 52:34-9.2.
"Protest" means a challenge to a decision, statement,
					 action, or alleged inaction of the Authority.
"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 Authority and CM
					 prior to the issuance of the certificate of substantial completion.
"Ranking" means the process of listing responsive bidders
					 in order of highest to lowest total scores, based upon selection criteria set
					 forth in the RFQ and/or RFP.
"Request for proposals" or "RFP" means the document issued
					 by the Authority 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 Authority in the first phase of the two-phase selection
					 process that describes the school facilities 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 Authority to
					 select a short list of bidders to compete for a design-build contract.
"Schedule" means the schedule prepared and submitted by the
					 bidder in its technical proposal to the Authority, 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.
"School facilities project" means the planning,
					 acquisition, demolition, construction, improvement, alteration, modernization,
					 renovation, reconstruction, or capital maintenance of all or any part of a
					 school facility or of any other personal property necessary for, or ancillary
					 to, any school facility, and shall include fixtures, furnishings, and
					 equipment, and shall also include, but is not limited to, site acquisition,
					 site devel[]opment, the services of design professionals, such as engineers and
					 architects, construction management, legal services, financing costs and
					 administrative costs and expenses incurred in connection with the
					 project.
"SDA school district" means a school district that received
					 education opportunity aid or preschool expansion aid in the 2007-2008 school
					 year, as defined at
					 P.L.
					 2007, c. 260,
					 §39 (18A:7G-3 ).
"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.
"Short listing" or "short-listed" means the narrowing of
					 the field of bidders through the selection of bidders who are evaluated on
					 qualification factors other than price, as indicated in the RFQ, and whose
					 proposals are judged most advantageous to the Authority in terms of
					 qualifications other than price.
"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 school facilities project, or a
					 requirement of the work to be performed. A specification may include a
					 statement of any of the Authority'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" or "SOQ" 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 a monetary amount which may be paid to
					 unsuccessful bidders.
"Substantial completion" means that point in time in the
					 progress of the school facilities 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 punchlist,
					 and the determination that the school facilities project is ready for occupancy
					 in accordance with its intended use.
"Technical evaluation committee" means a selection
					 committee comprised of a majority of Authority representatives and an SDA
					 school district representative(s) who are responsible for reviewing and
					 evaluating responses by bidders to an RFQ and RFP.
"Technical proposal" means that portion of a design-build
					 proposal which contains design solutions and other qualitative factors that are
					 provided in response to an RFP.
"Two-phase selection process" means a procurement process
					 in which the first phase consists of short listing, based on qualifications
					 submitted in response to an RFQ, and the second phase consists of the
					 submission of price and technical proposals in response to an RFP.
"Uniform Construction Code" means the New Jersey Uniform
					 Construction Code, as set forth in N.J.A.C. 5:23, and all applicable subcodes,
					 as such codes are amended from time to time.
"Weighted criteria process" means a form of best value
					 selection in which a percentage of evaluation weight is pre-established for
					 qualitative factors and for price, and the award of a design-build contract is
					 based upon the highest total points awarded to a bidder.
"Work" means all design and construction services performed
					 by the design-builder and its team, including providing all material,
					 equipment, tools and labor, necessary to complete the construction, as
					 described in and reasonably inferable from the construction documents and the
					 design-build contract.