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:6-1.5 - Responsibilities of technical review committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the design and construction of a
				project will be undertaken pursuant to this chapter, the resolution authorizing
				the solicitation of a design-build contract shall designate a technical review
				committee to evaluate statements of qualifications and proposals. The
				purchasing agent, or the individual appointed if either a contracting unit does
				not have a designated purchasing official certified as a qualified purchasing
				agent or the purchasing agent is unable to serve on the committee, shall
				administer the selection process and serve as selection coordinator for the
				technical review committee. The contracting unit shall have the discretion to
				add additional members to the technical review committee. The contracting
				unit's attorney may advise the technical review committee.
(b) Each member of the technical review
				committee shall be responsible for evaluating and scoring the statements of
				qualifications and proposals submitted by bidders in response to an RFQ or RFP,
				either separately or together.
(c)
				The technical review committee may use such advisors as it deems necessary to
				give opinions on evaluating proposals. The names of such advisors shall be
				included in the report submitted to the governing body.
(d) Once the statements of qualifications are
				received and the identity of the bidders is ascertained, the members of the
				technical review committee will be given a list of all bidders.
(e) Before reviewing and evaluating
				statements of qualifications and proposals, each committee member, and advisor
				thereof, shall certify that they have no conflict of interest with respect to
				any of the bidders to be evaluated, any of the key team members, named
				subcontractors or subconsultants to the bidders, any subcontractors and
				subconsultants from which the bidder, at the time of the proposal, expects to
				consider selecting once anticipated quantities and design elements of the
				project are known, or any of the principals, subsidiaries, or parent companies
				of such bidders.
(f) A committee
				member or advisor shall be deemed to have a conflict of interest if their
				review and evaluation of statements of qualifications and statements of
				proposal would violate the Local Government Ethics Law,
				N.J.S.A.
				40A:9-22.1 et seq., or the Institutional Code
				of Ethics rules, N.J.A.C. 9A:3, as applicable. Any person with a conflict of
				interest related to the design-build project solicitation shall not participate
				in the evaluation process or advise technical review committee
				members.
(g) Notwithstanding the
				definition of technical review committee, should any of the technical review
				committee members indicate that a conflict of interest exists once the identity
				of the bidders is revealed, that member shall not serve on the committee and an
				appropriate official with sufficient knowledge and expertise to review and
				evaluate statements of qualifications and statements of proposal shall be
				appointed instead. If a technical review committee member is discovered to have
				a conflict of interest, the contracting unit shall remove the member from the
				committee.