New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY TURNPIKE AUTHORITY › Chapter 9 - NEW JERSEY TURNPIKE AUTHORITY › Subchapter 2 - PURCHASING AND CONTRACTING › Section 19:9-2.7 - Procedure for prequalification and award of construction contracts

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All prospective bidders for construction
				  in excess of $ 50,000 shall be prequalified annually into classifications by
				  the Chief Engineer. Prospective bidders will be classified according to the
				  type of work and the amount of work on which they are entitled to bid as set
				  out in the schedule of classifications set forth at Appendix A to this chapter,
				  incorporated herein by reference. Proposals submitted by prequalified bidders
				  who have received classification ratings as set forth in Appendix A within 10
				  percent of the total price of the proposal will be considered for award by the
				  Authority. The Chief Engineer may, from time to time, add additional
				  specialized work categories to the schedule of classifications.
(b) In order to prequalify in classification,
				  prospective bidders shall submit annually or at least 21 calendar days prior to
				  bid opening of a specific contract, proof of the following:
1. As to type of work, recent satisfactory
				  experience as a contractor on a contract involving substantially the same or
				  similar work to the classification being sought;
2. As to amount of work, satisfactory
				  experience within the past three years as a contractor either on a single
				  contract performed in a single year, or several contracts performed in a single
				  year, having the following minimum amounts of contract work for such single
				  year, for the specified classification ratings listed below:
i. $ 90,000 worth of contract work in a year
				  for a classification rating up to $ 150,000 maximum;
ii. $ 300,000 worth of contract work in a
				  year for a classification rating up to $ 500,000 maximum;
iii. $ 600,000 worth of contract work in a
				  year for a classification rating up to $ 1,000,000 maximum;
iv. $ 1,200,000 worth of contract work in a
				  year for a classification rating up to $ 2,000,000 maximum;
v. $ 2,100,000 worth of contract work in a
				  year for a classification rating up to $ 3,500,000 maximum;
vi. $ 3,000,000 worth of contract work in a
				  year for a classification rating up to $ 5,000,000 maximum;
vii. $6,000,000 worth of contract work in a
				  year for a classification rating up to $10,000,000 maximum; and
viii. $ 10,000,000 worth of contract work in
				  a year for a classification rating of unlimited;
3. Satisfactory financial condition of the
				  prospective bidder. The contractor's Qualifying Statement must be accompanied
				  by certified audited financial statements or a CPA review of financial
				  statements. The financial statements shall be complete, with a balance sheet,
				  related statements of income and retained earnings and cash flows. The
				  financial statements shall be completed by a certified public accountant or
				  public accountant, as established by
				  N.J.S.A.
				  45:2B-29 et seq., who is independent of, and
				  not an employee of, the contractor for which the financial statements are being
				  provided.
i. The certified audited financial
				  statements shall have an unqualified opinion. The CPA review of financial
				  statements shall be in conformity with generally accepted accounting
				  principles. Both the audited and CPA-reviewed financial statements shall be for
				  a full one-year accounting cycle.
ii. Submission of a consolidated financial
				  statement is acceptable. It may be submitted with the Contractor's Qualifying
				  Statement completed in the name of the parent company. A consolidated financial
				  statement submitted with a Contractor's Qualifying Statement and completed in
				  the name of the subsidiary shall include a separate breakdown of the financial
				  statements, and a separate unqualified opinion that includes balance sheet,
				  income statement, statement of changes in financial position and cash flows,
				  all in the name of the subsidiary.
iii. Submission of a combined financial
				  statement is not acceptable.
iv. A
				  contractor can be pre-qualified for contract work with a classification rating
				  up to $ 1,000,000 with submission of a CPA review of financial statements and
				  qualifying statement; however, reliance upon such a submission will result in a
				  reduction of the contractor's classification rating by one rating;
4. Adequate facilities, including,
				  but not limited to, plant, equipment and experience of key personnel and
				  officers of the prospective bidder;
5. That the bidder is not now, nor has been
				  involved, directly or indirectly, in any proceeding, conduct, or activity
				  adversely relating to, or adversely reflecting upon, the moral integrity of the
				  bidder by means of sworn affidavit;
6. A satisfactory workplace safety record,
				  including, but not limited to, records of the prospective bidder's experience
				  modification rating for the previous three years and any other workplace safety
				  records or information requested by the Chief Engineer; and
7. When submitting a proposal, prequalified
				  bidders need not submit another Qualifying Statement but shall instead submit a
				  prequalification recapitulation in such form as may be prescribed by the Chief
				  Engineer.