reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 3 - INITIATION OF PROCUREMENT AND PROJECT RATING › Section 19:38B-3.6 - Reference adjustment calculation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A firm will
				  be required to list in its Project Rating Proposal a minimum of two projects
				  completed within the past seven years. The firm shall also provide project
				  contacts for those projects. The Authority shall select, at its discretion, two
				  projects to be confirmed and shall contact the owner's contact identified by
				  the firm. If the Authority cannot contact an owner's contact, the Authority
				  will contact the firm so that the firm may identify another owner's contact for
				  that project. If the firm is unable to provide an additional owner's contact,
				  or if the Authority is unable to contact the additional owner's contact
				  provided by the firm, the Authority will not use that project in the
				  determination of the firm's Project Rating.
(b) The Authority will confirm the firm's
				  performance on each project referenced and assign a percentage value to the
				  responses received. Project contacts will be asked if the performance in each
				  of the following seven categories "exceeded expectations," "met expectations,"
				  or fell "below expectations" and the Authority will assign to the response the
				  percentage adjustment listed below:
EXPECTATIONS
Exceeded
Met
Below
Expectations
Expectations
Expectations
Safety
+5 percent
+3
							 percent
-5 percent
Quality of the
+5 percent
+2
							 percent
-5 percent
construction.
Timeliness of the work
+2 percent
+1
							 percent
-2 percent
performed.
Efficiency of the firm's
+2
							 percent
+1 percent
-2 percent
contract administration.
Supervision of
+2 percent
+1
							 percent
-2 percent
subcontractors.
Firm's level of
+2 percent
+1
							 percent
-2 percent
cooperation during
construction.
Timeliness and
+2 percent
+1
							 percent
-2 percent
efficiency of punch list
work corrections.
1. If an
				  owner's contact rates a firm "below expectations" in either safety or quality
				  of construction, or if the project reference adjustment is -5 or lower, the
				  Authority will not use that project in the determination of the firm's Project
				  Rating.
2. The Authority will total
				  the project reference adjustments together and the sum shall be the reference
				  adjustment. This reference adjustment shall be used as "B" in the calculation
				  of the firm's Project Rating in
				  19:38B-3.5.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 3 - INITIATION OF PROCUREMENT AND PROJECT RATING › Section 19:38B-3.7 - Safety adjustment calculation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Bidders
				  shall provide mandatory safety information as follows:
1. The firm will be required to list its most
				  recent New Jersey Workers Compensation Insurance Experience Modification Rate
				  (NJEMR) on its Project Rating Proposal. For any firm that has not performed
				  work in New Jersey prior to the submission of this Project Rating Proposal, or
				  for which the NJEMR has not been calculated, the firm will be required to
				  submit its most recent Experience Modification Rate (EMR) for all other states
				  for which it has performed work. The Authority will then calculate the average
				  of the other states' EMRs. Where appropriate, the firm's NJEMR or its average
				  EMR as calculated by the Authority will be assigned a percentage value as
				  listed below:
EMR is less than or equal to .80
+30
							 percent
EMR is greater than .80 but less than or equal to
							 .90
+20 percent
EMR is greater than .90 but less than or equal to
							 1.00
+10 percent
EMR is greater than 1.00 but less than or equal to
							 1.10
-10 percent
EMR is greater than 1.10 but less than or equal to
							 1.20
-20 percent
EMR is greater than 1.20
-40 percent
2. The firm shall be required to list safety
				  information in its Project Rating Proposal. The safety information supplied
				  will be assigned a percentage value as listed below:
Yes
No
Employee of the firm completed an OSHA 500
							 or
+2 percent
0 percent
OSHA 502 course in last four years.
Employee of the firm completed Council on
+2
							 percent
0 percent
Certification of Health, Environmental and
							 Safety
Technologists (CCHEST) "Safety Trained
							 Supervisor
in Construction" course.
Employee of the firm completed Associated
+2
							 percent
0 percent
General Contractors of America (AGCA) "Safety
Management Training Course."
The percentage value for the EMR and the percentage value
					 for the safety information shall be added together and this total shall be the
					 safety adjustment. The safety adjustment shall be used as "C" in the
					 calculation of the firm's Project Rating in
					 19:38B-3.5.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 3 - INITIATION OF PROCUREMENT AND PROJECT RATING › Section 19:38B-3.8 - Prevailing wage adjustment calculation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The firm
				  will be required to list in its Project Rating Proposal its prevailing wage
				  violations issued by the New Jersey Department of Labor and Workforce
				  Development for the previous five years.
(b) The Authority will calculate a prevailing
				  wage adjustment by applying the following percentage values in accordance with
				  whether the firm has been adjudicated as having committed one or more
				  prevailing wage rate violations during the past five years:
None
0 percent
One
-10 percent
More than one
-20 percent
This percentage value shall be the prevailing wage
					 adjustment. The prevailing wage adjustment shall be used as "D" in the
					 calculation of the firm's Project Rating in
					 19:38B-3.5.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 4 - REQUEST FOR PROPOSALS › Section 19:38B-4.1 - Request for proposals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The RFP
				  shall include, but shall not be limited to:
1. A general description of the school
				  facilities project;
2. The scope of
				  work;
3. The minimum qualification
				  requirements for bidders, including, but not limited to, the appropriate
				  classifications and aggregate rating limits assigned by the New Jersey
				  Department of the Treasury, Division of Property Management and
				  Construction;
4. The plans and
				  specifications for the project;
5.
				  Technical submittal and price proposal forms;
6. The form of contract;
7. The instructions and requirements for
				  preparing a response to the RFP;
8.
				  The criteria for evaluation of submittals and price proposals and the relative
				  weight of each criterion;
9. Budget
				  limits for the project;
10.
				  Requirements for bid bonds, performance bonds, payment bonds and
				  insurance;
11. Schedule
				  requirements in the form of major contract milestones to be achieved;
				  and
12. The documents required to
				  be submitted upon the notice of award, pursuant to (b) below.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 4 - REQUEST FOR PROPOSALS › Section 19:38B-4.2 - RFP evaluation criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The RFP
				  phase of the procurement process may include, without limitation, consideration
				  of the following factors, in addition to the consideration of price:
1. The bidder's experience on identified
				  projects of similar size, scope and complexity;
2. The experience of the bidder's key team
				  members on projects of similar size, scope and complexity;
3. The bidder's prior performance on projects
				  for the Authority, as evidenced by performance evaluations as specified in the
				  RFP;
4. The bidder's concurrent
				  commitment of staff and resources to other projects, and the bidder's ability
				  to fulfill the contract as affected by the commitment of staff and resources to
				  another contract with the Authority, or to contracts with any other public or
				  private entity;
5. The prior
				  affirmative action experience of the prospective bidder;
6. Consideration of the bidder's aggregate
				  rating from the Department of the Treasury, Division of Property Management and
				  Construction, which is affected by prior affirmative action
				  experience;
7. Consideration of the
				  bidder's staffing capabilities, such as the bidder's plan for staffing the
				  project (distinguishing between self-performed and subcontracted work),
				  including recruitment methods and proposed sources of supply for skilled
				  labor;
8. The bidder's history and
				  experience with respect to conformance to project schedules on similar
				  projects, including timely completion of punch list items;
9. The bidder's project safety record
				  including Occupational Safety and Health Administration (OSHA) violations
				  and/or penalties;
10. The bidder's
				  history of or experience with assertion of claims or requests for adjustment of
				  compensation on similar projects, and the results of such claims or
				  requests;
11. The bidder's history
				  of cure notices on projects of similar size or complexity;
12. The bidder's experience with payment of,
				  or liability for, liquidated damages on projects of similar size and
				  complexity;
13. The bidder's
				  history with respect to timely payment of subcontractors; and
14. Any other pertinent information necessary
				  to establish the qualifications of the prospective bidder to undertake the
				  contract.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 5 - SELECTION COMMITTEE AND EVALUATION PROCEDURES › Section 19:38B-5.1 - Selection coordinator

Current through Register Vol. 56, No. 14, July 15, 2024
Prior to the advertisement of the RFP, the Authority will
					 select a member of staff to serve as selection coordinator for the procurement,
					 who shall be responsible for scheduling of meetings, preparing agendas,
					 recording scores, verifying submittal information, preparing minutes of
					 selection committee meetings, and other similar administrative duties.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 5 - SELECTION COMMITTEE AND EVALUATION PROCEDURES › Section 19:38B-5.2 - Composition and responsibilities of selection committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to the
				  receipt of responses to the RFP, the Authority shall establish a selection
				  committee to review and evaluate submissions received in response to a
				  procurement under this chapter. Each member of a selection committee shall have
				  the relevant experience as set forth in
				  52:34-10.3(c),
				  necessary to evaluate the submissions.
(b) The members of the selection committee
				  shall consist of a majority of Authority representatives and, if the SDA school
				  district in which the school facilities project is located elects to
				  participate in the selection process, a representative of the SDA school
				  district, pursuant to N.J.S.A. 52:18A-243g.
(c) Each member of the selection committee
				  shall be responsible for evaluating and scoring the technical submittals in
				  accordance with the weighted criteria process set forth in the RFP.
(d) Once the responses are received and the
				  identity of the bidders is ascertained, the members of the selection committee
				  will be notified of the identity of all firms that submitted a bid. Each member
				  of the selection committee, prior to the evaluation of any submission, shall
				  execute a certification that he or she has no personal interest, financial or
				  familial, in any of the bidders to be evaluated, or the principals,
				  subsidiaries or parent companies thereof. Furthermore, should any of the
				  selection committee members indicate that a conflict or personal interest
				  exists once the identity of the bidders is revealed, that member shall not
				  serve on the selection committee and may be replaced.
(e) The names of the members of the selection
				  committee shall be made public once the contract is awarded, pursuant to
				  52:34-10.3(c).
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 5 - SELECTION COMMITTEE AND EVALUATION PROCEDURES › Section 19:38B-5.3 - Evaluation of additional materials or additional considerations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In addition
				  to the selection committee's review of written responses to the RFP, the
				  selection evaluation process may include:
1.
				  Evaluation of bidders' participation in interviews; and
2. Evaluation of any other components of the
				  evaluation process determined, in the sole discretion of the Authority, to be
				  appropriate.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 6 - EVALUATION OF PRICE PROPOSALS › Section 19:38B-6.2 - Evaluation of price proposal and selection of awardee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to the
				  advertisement of the RFP, the Authority shall establish the maximum point score
				  for the lowest responsive price proposal. All other price proposals greater
				  than the lowest responsive price proposal will be assigned scores based upon
				  the percentage that the proposal exceeds the lowest responsive price
				  proposal.
(b) The price proposals
				  shall be opened and examined for completeness and conformity with the
				  requirements of the RFP. The bidder shall show all bid amounts in both words
				  and figures. In the event of a discrepancy between the words and figures, the
				  amount shown in words shall govern. A price proposal deemed non-responsive will
				  be rejected and the bidder will be notified in writing of the rejection within
				  five business days of the opening of price proposals, unless there are
				  circumstances that require additional time.
1. Where unit prices are requested, in the
				  event of a discrepancy between the unit price bid for any scheduled bid item
				  and the extension shown for that item under the column of the Price Proposal
				  Form designated "Bid Amount," the unit price is to govern. Where a unit price
				  is bid, but no extension is provided, the SDA will provide the extension based
				  on the unit price bid and the estimated quantity for the bid item.
2. Where an extension is provided in the "Bid
				  Amount" column, but no unit price appears in the "Unit Price" column of the
				  Price Proposal Form, the SDA will provide the unit price by dividing their "Bid
				  Amount" figure provided by the bidder by the estimated quantity.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 6 - EVALUATION OF PRICE PROPOSALS › Section 19:38B-6.3 - Withdrawal of price proposal

Current through Register Vol. 56, No. 14, July 15, 2024
A bidder may withdraw a price proposal or substitute a
					 price proposal with another by submitting a letter to the Authority prior to
					 the deadline for submission of price proposals. The withdrawal or substitution
					 shall include the bidder's name, the date and time of the submission of the
					 original price proposal, the name of a principal of the firm responsible for
					 the withdrawal or substitution, and the requested action to be taken.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 7 - CONTRACTS › Section 19:38B-7.1 - Contract approval and execution

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon
				  approval of a recommendation for award by the Board, the Authority shall issue
				  a Notice of Award letter to the bidder. The Notice of Award is not binding on
				  the Authority until the Authority has executed the contract, and the Notice of
				  Award does not authorize the commencement of work under the contract. No person
				  shall perform any work in furtherance of the contract unless and until the
				  Authority executes the contract and issues a Notice to Proceed.
(b) The Notice of Award letter shall contain
				  a list of the additional documents required to be submitted by the bidder with
				  the executed contract, including the requirements for payment and performance
				  bonds. The Notice of Award will specify the time within which the bidder must
				  submit to the Authority the executed contract and other documents required by
				  the Notice of Award. Within the time period specified in the Notice of Award,
				  the bidder shall properly and duly execute the contract and deliver to the
				  Authority the executed contract, as well as performance and payment bonds and
				  all other documents required by the RFP or the Notice of Award
				  letter.
(c) Each payment and each
				  performance bond must be in an amount at least equal to the total contract
				  price.
1. All bonds shall comply with the
				  requirements of this chapter and relevant State statutes. All bonds submitted
				  by the bidder shall be issued only to the bidder, and shall conform to the
				  provisions of
				  2A:44-143 through 147 and shall
				  indicate aggregate bonding limits.
2. Bonds shall be issued only by companies
				  authorized to transact business in the State of New Jersey.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 8 - PERFORMANCE EVALUATIONS › Section 19:38B-8.1 - Applicability and effect

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				  Notwithstanding any provisions of N.J.A.C. 19:38 to the contrary, the following
				  provisions will apply to the process and consideration of performance
				  evaluations for contracts procured under this chapter.
1. Every contractor awarded a construction
				  contract procured pursuant to this chapter will be subject to evaluation in
				  accordance with
				  18A:7G-36. The performance
				  evaluation will consider the contractor's performance in the following
				  categories: quality of work; scheduling; management; cost control and change
				  orders; safety and industrial hygiene; small business goals; and
				  close-out.
2. The contractor's
				  performance will be evaluated periodically during the progress of the project.
				  The evaluation will be performed by a reviewer with direct involvement in the
				  management or supervision for the project.
3. The contractor's performance evaluations
				  will be used by the Authority in evaluating and scoring bidders as to their
				  prior experience on Authority projects, in accordance with the provisions of
				  this chapter or N.J.A.C. 19:38.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 8 - PERFORMANCE EVALUATIONS › Section 19:38B-8.2 - Evaluation rating values

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				  Notwithstanding any provisions of N.J.A.C. 19:38 to the contrary, contractors
				  shall be evaluated with respect to the various evaluation categories using the
				  following evaluation ratings:
1. Outstanding
				  (O) or 100 percent--far exceeds the contract requirements by consistently
				  exhibiting excellent performance. Always meets, and almost always exceeds the
				  contract requirements;
2. Very Good
				  (VG) or 90 percent--often exceeds the contract requirements and frequently
				  provides a high level of performance. Typically meets and often exceeds the
				  contract requirements;
3.
				  Satisfactory (S) or 80 percent--provides an acceptable level of performance
				  consistently meeting the contract requirements;
4. Marginal (M) or 70 percent--performs
				  slightly below the requirements of the contract, meeting the contract
				  requirements on an intermittent basis; and
5. Unsatisfactory (U) or 60 percent--fails to
				  meet important contract requirements, resulting in a negative impact on the
				  entire project.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 8 - PERFORMANCE EVALUATIONS › Section 19:38B-8.3 - Consideration of performance evaluations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For
				  contracts procured pursuant to the provisions of N.J.A.C. 19:38, performance
				  evaluations shall be considered in accordance with that chapter.
(b) For contracts procured pursuant to this
				  chapter, the process for evaluating a contractor's prior performance on
				  Authority projects in a selection process shall be specified in the RFP. Such
				  process may consist of:
1. A mathematical
				  tabulation and averaging of the scores of all prior performance evaluations
				  within a relevant time period;
2.
				  Consideration of particularly favorable or unfavorable evaluations individually
				  and with reference to other evaluations;
3. Consideration of multiple evaluations over
				  the course of a given project, to show consistency of performance,
				  deterioration of performance or efforts at improvement and recovery;
				  or
4. A combination of the
				  methodologies in (b)1 through 3 above.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 9 - PROTESTS › Section 19:38B-9.1 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				  subchapter sets forth the procedures that govern protests of the Authority's
				  decisions with respect to procurements under this chapter, including challenges
				  to the form of the RFP, the evaluation and scoring of bidders' technical
				  proposals, and the award of contracts.
(b) For purposes of this subchapter, protests
				  of the type described in (a) above are not contested cases subject to the
				  requirements of the Administrative Procedure Act,
				  52:14B-1 et seq.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 1 - GENERAL PROVISIONS › Section 19:38C-1.1 - Purpose and scope of rules

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter is designed to implement 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,
					 52:18A-235 et seq., by
					 establishing procedures for the procurement of professional consulting
					 services, so that the Authority may carry out its broad statutory mandate to
					 plan, design and construct school facilities projects and effectively
					 administer the Authority's schools construction program. This chapter is also
					 designed to implement the provisions of
					 P.L.
					 1997, c. 399,
					 52:34-9.1 et seq., which govern
					 procedures generally applicable to the Authority's award of contracts for
					 professional architectural, engineering, and land surveying services.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 2 - GENERAL REQUIREMENTS › Section 19:38C-2.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter addresses the manner in which SDA shall
					 engage a professional services consultant; provides for the methodologies;
					 identifies the qualitative factors used in evaluating proposals; and provides
					 the process for the rejection of proposals and the approval, execution, and
					 termination of agreements.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 2 - GENERAL REQUIREMENTS › Section 19:38C-2.2 - Pre-qualification requirement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				  professional services consultant seeking to be engaged by the Authority must be
				  pre-qualified by the Authority at the time of submission of a response to an
				  RFQ and/or an RFP, if pre-qualification is required by N.J.A.C. 19:38A, except
				  if otherwise expressly provided in this chapter.
(b) The Authority shall establish
				  pre-qualification requirements as may be necessary in order to ensure
				  competitive proposals, or as may be dictated by the unique or specialized
				  nature of the services to be performed under the agreement.
(c) All professional services consultants
				  that seek to be engaged by the Authority are subject to a moral integrity
				  review, even where Authority pre-qualification is not required. If the results
				  of the moral integrity review are negative or unsatisfactory in that they
				  indicate any circumstance that would justify a revocation of pre-qualification
				  under 19:38A-4.1, the Authority shall
				  reject the professional services consultant's proposal pursuant to
				  19:38C-2.6.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 2 - GENERAL REQUIREMENTS › Section 19:38C-2.3 - Selection procedures based on type of engagement

Current through Register Vol. 56, No. 14, July 15, 2024
The Authority may establish different procedures, as set
					 forth in this chapter, for the selection of professional services consultants
					 based on the type of professional services consultant to be engaged or the
					 contract value.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 2 - GENERAL REQUIREMENTS › Section 19:38C-2.4 - Advertising

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Authority shall advertise for all procurements in accordance with
				  52:18A-243(h). In
				  addition, such advertising may also be placed:
1. In design and construction publications
				  and trade journals covering the construction industry in New Jersey;
2. By written notice to New Jersey
				  professional societies; or
3. By
				  use of direct mailings to consultants.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 2 - GENERAL REQUIREMENTS › Section 19:38C-2.5 - Evaluation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The ranking
				  of professional services consultants shall be performed pursuant to evaluation
				  criteria established by the Authority for each particular engagement, and by
				  the weights established for such criteria. In selecting the most highly
				  qualified professional services consultants, the selection committee shall
				  consider the criteria and relative weights of such criteria, as set forth in
				  the RFP and/or RFQ.
(b) The
				  Authority may require the submission of proposals, requests for clarifying
				  technical and/or organizational information, interviews, site visits, and
				  pre-proposal conferences; however, all such requirements will be set forth in
				  the RFP and/or RFQ.
(c) Nothing in
				  this chapter shall be construed to limit the Authority's ability to obtain
				  services pursuant to an SBE set-aside procurement under N.J.A.C.
				  19:39.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 2 - GENERAL REQUIREMENTS › Section 19:38C-2.6 - Rejection of proposals; cancellation of procurement or award

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Proposals
				  received after the submission date and time prescribed in the RFQ and/or RFP
				  shall be rejected.
(b) The
				  Authority may reject any proposal for any reason, in accordance with law, when
				  it is otherwise deemed to be in the public interest to do so. The Authority may
				  reject all proposals and cancel a procurement, for excessive cost, insufficient
				  competition, or any other reason, in accordance with law, that it deems to be
				  in the public interest.
(c) The
				  Authority may cancel an award at any time before the execution of an agreement
				  by all parties.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 2 - GENERAL REQUIREMENTS › Section 19:38C-2.7 - Approval and execution of agreement

Current through Register Vol. 56, No. 14, July 15, 2024
No agreement is valid or binding on the Authority unless
					 and until it is executed by the Authority.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 2 - GENERAL REQUIREMENTS › Section 19:38C-2.8 - Termination

Current through Register Vol. 56, No. 14, July 15, 2024
All agreements executed pursuant to this chapter shall
					 provide for, among other things, termination for the convenience of the
					 Authority and for cause.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 2 - GENERAL REQUIREMENTS › Section 19:38C-2.9 - Disclosure and publicity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any and all
				  submissions made in response to an RFQ and/or an RFP are subject to the
				  provisions of the Open Public Records Act,
				  47:1A-1 et seq., including the
				  exceptions from disclosure provided therein.
(b) Consultants shall notify the Authority
				  prior to the issuance of press releases and other public dissemination of
				  information concerning a school facilities project and such shall acknowledge
				  Authority financing and assistance in the undertaking of the school facilities
				  project.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 2 - GENERAL REQUIREMENTS › Section 19:38C-2.10 - Performance evaluation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Authority shall have the right to consider the performance of a professional
				  services consultant as a factor in the ranking of the consultant when
				  evaluating proposals.
(b)
				  Performance evaluations may include, but are not limited to, the following
				  factors:
1. Quality of work;
2. Scheduling;
3. Management;
4. Cost control/amendments;
5. Subconsultants;
6. Close out; and
7. Any other factors affecting a consultant's
				  performance.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 3 - SELECTION PROCEDURES-AGREEMENTS NOT EXCEEDING THE STATE BID THRESHOLD PURSUANT TO N.J.S.A. 52:34-7b › Section 19:38C-3.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter sets forth the procedural requirements
					 applicable to the procurement of agreements for professional services
					 consultants where such agreements specify compensation not exceeding the State
					 bid advertisement threshold of $ 36,000, as adjusted, pursuant to N.J.S.A.
					 52:34-7b, except for those procurements in which the Authority, at its sole
					 option, determines to apply the procedures of N.J.A.C. 19:38C-5. This
					 subchapter shall not apply to the procurement of appraisers or title insurance
					 companies.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 3 - SELECTION PROCEDURES-AGREEMENTS NOT EXCEEDING THE STATE BID THRESHOLD PURSUANT TO N.J.S.A. 52:34-7b › Section 19:38C-3.2 - Solicitation

Current through Register Vol. 56, No. 14, July 15, 2024
In accordance with
					 52:34-7, the Authority shall not
					 be required to advertise the procurement of agreements for professional
					 services consultants where such agreements provide for compensation below the
					 State bid threshold. The Authority reserves the right to waive any
					 prequalification requirements for a procurement pursuant to this
					 subchapter.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 3 - SELECTION PROCEDURES-AGREEMENTS NOT EXCEEDING THE STATE BID THRESHOLD PURSUANT TO N.J.S.A. 52:34-7b › Section 19:38C-3.3 - Evaluation

Current through Register Vol. 56, No. 14, July 15, 2024
Proposals shall be evaluated based on fees and/or the
					 evaluation criteria appropriate for the particular procurement. The Authority
					 may request clarifying technical and/or organizational information from any
					 professional services consultant prior to finalizing the evaluation.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 3 - SELECTION PROCEDURES-AGREEMENTS NOT EXCEEDING THE STATE BID THRESHOLD PURSUANT TO N.J.S.A. 52:34-7b › Section 19:38C-3.4 - Selection

Current through Register Vol. 56, No. 14, July 15, 2024
The Authority shall select the proposal that is in the
					 best interest of the school construction program, based on fees and/or the
					 evaluation criteria established for the selection.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 5 - SELECTION PROCEDURES-AGREEMENTS EXCEEDING THE STATE BID THRESHOLD, AS ADJUSTED, PURSUANT TO N.J.S.A. 52:34-7b › Section 19:38C-5.1 - Scope and applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter sets forth the procurement procedures that
					 shall apply to agreements for professional services consultants with
					 compensation exceeding the amount set forth in N.J.S.A. 52:34-7b. At the option
					 of the Authority, the procedures specified in this subchapter may apply to an
					 engagement with compensation below the amount set forth in N.J.S.A. 52:34-7b.
					 This subchapter shall not apply to the procurement of appraisers or title
					 insurance companies.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 5 - SELECTION PROCEDURES-AGREEMENTS EXCEEDING THE STATE BID THRESHOLD, AS ADJUSTED, PURSUANT TO N.J.S.A. 52:34-7b › Section 19:38C-5.2 - Initiation

Current through Register Vol. 56, No. 14, July 15, 2024
The procurement of a professional services consultant
					 shall be initiated by the public advertisement of a request for qualifications,
					 a request for proposals, or both, except in circumstances where a waiver of
					 advertising is permitted under N.J.A.C. 19:38C-6.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 5 - SELECTION PROCEDURES-AGREEMENTS EXCEEDING THE STATE BID THRESHOLD, AS ADJUSTED, PURSUANT TO N.J.S.A. 52:34-7b › Section 19:38C-5.3 - Selection committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to the
				  receipt of proposals, the Authority shall establish a selection committee or
				  committees to review and evaluate the proposals. Each member of the selection
				  committee shall have the relevant experience necessary to evaluate the
				  proposals. Each member of a selection committee shall be responsible for
				  independently evaluating and scoring the proposals.
(b) Once the responses are received and the
				  identity of the vendors is ascertained and communicated to the members of the
				  selection committee, each member of the selection committee, prior to the
				  evaluation of any proposal, shall execute a certification that he or she has no
				  personal interest, financial or familial, in any of the vendors to be
				  evaluated, or the principals, subsidiaries, or parent companies thereof.
				  Furthermore, should any of the selection committee members indicate that a
				  conflict or personal interest exists once the identity of the vendors is
				  revealed, that member shall not serve on the selection committee and may be
				  replaced.
(c) The names of the
				  members of the selection committee shall be made public once the contract is
				  awarded, pursuant to
				  52:34-10.3(c).
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 5 - SELECTION PROCEDURES-AGREEMENTS EXCEEDING THE STATE BID THRESHOLD, AS ADJUSTED, PURSUANT TO N.J.S.A. 52:34-7b › Section 19:38C-5.4 - Selection evaluation criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  selection evaluation criteria may include the following: the firm's experience
				  on projects of a similar size and nature; project team experience; past project
				  performance; project approach; understanding of project needs and project
				  schedule; and budget and cost estimating. Selection evaluation criteria may
				  also include any other criteria as determined to be appropriate in the sole
				  discretion of the Authority.
(b)
				  The selection evaluation criteria and the specific weight assigned to each
				  criterion for each professional services consultant procurement shall be
				  established by the Authority prior to advertisement and the criteria and
				  weights shall be incorporated into the RFQ and/or RFP for the
				  procurement.
(c) When the
				  procurement is for professional services consultants other than architects,
				  engineers, and/or land surveyors, the Authority may provide that a fee proposal
				  shall be one of the qualitative factors upon which professional services
				  consultants will be evaluated.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 5 - SELECTION PROCEDURES-AGREEMENTS EXCEEDING THE STATE BID THRESHOLD, AS ADJUSTED, PURSUANT TO N.J.S.A. 52:34-7b › Section 19:38C-5.5 - Selection evaluation process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The members
				  of the selection committee will evaluate the submissions and other information
				  comprising the evaluation process and shall assign scores based upon the
				  evaluation criteria stated in the RFQ and/or RFP.
(b) In addition to the review of responses to
				  an RFQ and/or RFP the evaluation process may include:
1. Review of responses to requests for
				  additional or clarifying information;
2. Participation in interviews;
				  and/or
3. Any other components
				  determined, in the sole discretion of the Authority, to be
				  appropriate.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 5 - SELECTION PROCEDURES-AGREEMENTS EXCEEDING THE STATE BID THRESHOLD, AS ADJUSTED, PURSUANT TO N.J.S.A. 52:34-7b › Section 19:38C-5.6 - Submission of fee proposals

Current through Register Vol. 56, No. 14, July 15, 2024
A fee proposal shall be submitted in accordance with the
					 process set forth in either an RFQ or RFP. A fee proposal shall be submitted in
					 a separate sealed envelope. The envelope shall indicate clearly that it is the
					 fee proposal and shall identify the firm's name, project number, and any other
					 information required by the RFQ or RFP. The fee proposals shall remain sealed
					 until such time as provided in
					 19:38C-5.7(a) or
					 (b), as applicable.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 5 - SELECTION PROCEDURES-AGREEMENTS EXCEEDING THE STATE BID THRESHOLD, AS ADJUSTED, PURSUANT TO N.J.S.A. 52:34-7b › Section 19:38C-5.7 - Consideration of fee proposals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event
				  the fee proposal is one of the qualitative factors for the evaluation of the
				  proposals, the Authority shall open the sealed fee proposals and assign the
				  maximum points to the lowest total fee proposal. All other proposals shall be
				  scored based upon the percentage that each proposal exceeds the lowest
				  proposal. The scores of the fee proposals shall then be utilized to finalize
				  the ranking undertaken by the selection committee, pursuant to
				  19:38C-5.5(d).
(b) In the event the fee proposal is not a
				  qualitative factor for the evaluation of the proposal, the Authority shall open
				  the sealed fee proposals at a predetermined date and time after the final
				  ranking has been prepared. Using the fee proposals as a guide, the Authority
				  shall negotiate an agreement with the highest-ranked consultant at a fee
				  determined by the Authority to be fair and reasonable. Should the Authority be
				  unable to negotiate a satisfactory fee with the highest-ranked consultant, the
				  Authority shall terminate negotiations with the highest-ranked consultant, and
				  may then terminate the procurement or may then undertake negotiations with the
				  second-highest ranked consultant. Failing accord with the second highest-ranked
				  consultant, the Authority shall terminate negotiations with the second
				  highest-ranked consultant and may then terminate the procurement or may
				  undertake negotiations with the third highest-ranked consultant. In the event
				  that the Authority is unable to agree to a satisfactory fee with any of the
				  three highest-ranked firms, the Authority may select additional consultants in
				  the order of their ranking and continue negotiations, until either an agreement
				  is reached or the procurement is canceled or terminated.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 5 - SELECTION PROCEDURES-AGREEMENTS EXCEEDING THE STATE BID THRESHOLD, AS ADJUSTED, PURSUANT TO N.J.S.A. 52:34-7b › Section 19:38C-5.8 - Recommendation

Current through Register Vol. 56, No. 14, July 15, 2024
Based on the process set forth in this subchapter, the
					 selection coordinator shall recommend the most technically qualified consultant
					 at final compensation determined to be fair and reasonable. If the
					 recommendation is approved, the Authority will issue a written notice of award
					 to the successful professional services consultant.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 5 - SELECTION PROCEDURES-AGREEMENTS EXCEEDING THE STATE BID THRESHOLD, AS ADJUSTED, PURSUANT TO N.J.S.A. 52:34-7b › Section 19:38C-5.9 - Execution of agreement

Current through Register Vol. 56, No. 14, July 15, 2024
Upon the successful professional services consultant's
					 submission of any required documentation or materials as specified in the
					 notice of award, and the Authority's acceptance of such documents, the
					 Authority will execute the agreement and provide the successful professional
					 services consultant with a fully-executed agreement.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 5 - SELECTION PROCEDURES-AGREEMENTS EXCEEDING THE STATE BID THRESHOLD, AS ADJUSTED, PURSUANT TO N.J.S.A. 52:34-7b › Section 19:38C-5.10 - Confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
The selection evaluations, rankings, negotiations, and fee
					 proposals of all firms, as well as all discussions and correspondence, relating
					 to the selection of a professional services consultant shall remain
					 confidential and exempt from production under the Open Public Records Act,
					 47:1-1 et seq., until a notice of
					 award has been issued.