New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38 - PROCEDURES FOR LOW-BID PROCUREMENT OF CONSTRUCTION CONTRACTS FOR SCHOOL FACILITIES PROJECTS › Subchapter 1 - GENERAL PROVISIONS › Section 19:38-1.2 - 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 meaning unless the context clearly indicates
					 otherwise:
"Act" or "EFCFA" 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.
"Agency of government" means any Federal, state, regional,
					 county, or local government agency, in this or any other state, including any
					 department, division, commission, authority, office, branch, section, political
					 subdivision or other governmental or quasi-governmental entity.
"Aggregate Rating" means the limit of the outstanding
					 dollar value of all contracts, public and private, which a firm may perform at
					 a given time as assigned by the Authority's Notice of Prequalification in
					 effect at the time of the contractor's bid, which shall be identical to that
					 which is assigned by the New Jersey Department of Treasury, Division of
					 Property Management and Construction. Should the Division of Property
					 Management and Construction modify a firm's aggregate rating after the
					 Authority has issued a Notice of Prequalification, the Aggregate Rating issued
					 by the Authority is considered modified to be identical to that of the Division
					 of Property Management and Construction.
"Authority" or "SDA" means the New Jersey Schools
					 Development Authority, an entity formed pursuant to
					 P.L.
					 2007, c. 137
					 (52:18A-235 et seq.), as successor
					 to the New Jersey Schools Construction Corporation. The Authority is
					 statutorily charged with undertaking and funding school facilities projects,
					 pursuant to the Act.
"Bid" means the Project Rating Proposal and the Price
					 Proposal.
"Bid advertisement" means the advertisement by the New
					 Jersey Schools Development Authority setting forth the information as required
					 by 52:18A-243.h and shall be part of
					 the contract documents.
"Bid documents" means the bid advertisement, the project
					 manual, general conditions, supplemental conditions, plans, specifications,
					 scopes of work, Instructions to Bidders, addenda, form of Project Rating
					 Proposal, form of Price Proposal, and any other documents provided to the
					 bidder by the Authority prior to the submission of the Price Proposal.
"Contract" means the entire and integrated agreement
					 between the firm and the New Jersey Schools Development Authority encompassing
					 all of the contract documents.
"Contract documents" means the bid advertisement, the
					 executed form of contract, project manual, general conditions, supplemental
					 conditions, plans, specifications, scopes of work, Instruction to Bidders,
					 addenda, Project Rating Proposal, Price Proposal, executed change orders, other
					 amendments, and all exhibits, appendices and documents attached to or
					 referenced in any of the foregoing materials.
"DPMC" means the Division of Property Management and
					 Construction in the New Jersey Department of the Treasury.
"DPMC 27" means the request for classification form to be
					 submitted to the DPMC by a firm seeking classification with the DPMC in
					 accordance with the DPMC rules at N.J.A.C. 17:19.
"DPMC Classification" means the process and product of
					 assigning specific construction categories or trades and the maximum Aggregate
					 Rating which define the eligibility of firms to engage in public work as
					 determined by the DPMC in accordance with the DPMC rules at N.J.A.C.
					 17:19-1.
"EFCFA" means the Educational Facilities Construction and
					 Financing Act,
					 P.L.
					 2000, c. 72.
"Firm" means any association, company, contractor,
					 corporation, joint stock company, limited liability company, partnership, sole
					 proprietorship, or other business entity, including their assignees, lessees,
					 receivers or trustees.
"Grant funded district" means a district which receives
					 funding for a school facilities project from the Authority pursuant to section
					 15 of EFCFA,
					 18A:7G-15.
"Instructions to Bidders" means that portion of the bid and
					 contract documents setting forth the requirements and procedures for bidding on
					 an Authority project.
"Irregular bid" means a Project Rating Proposal or a Price
					 Proposal that does not conform to the bid and contract documents for the
					 schools facilities package.
"Notice of DPMC Classification" means the document(s) from
					 the DPMC notifying the Firm of the specific construction categories or trades
					 and of the maximum Aggregate Rating for which the firm may perform work, in
					 accordance with the DPMC rules at N.J.A.C. 17:19.
"Notice of Prequalification" means the letter from the
					 Authority issuing the firm its prequalification.
"Prequalification" means the process and product of being
					 approved by the Authority to perform work in a given trade and within a given
					 aggregate limit on school facilities packages and grant funded projects.
"Price Proposal" means that part of the bid to be submitted
					 by the firm setting forth the firm's bid price, including any and all
					 information and documents required by the Instructions to Bidders, the bid
					 advertisement or addenda.
"Project management firm" or "PMF" means the firm engaged
					 by the Authority to provide overall construction management services,
					 oversight, direction, coordination, and reporting in connection with school
					 facilities projects.
"Project Rating" means the maximum amount a firm may bid on
					 any school facilities package based upon the information contained in a firm's
					 Project Rating Proposal.
"Project Rating Proposal" means that part of the bid to be
					 submitted by the firm for issuance by the Authority of the Project
					 Rating.
"Schools Construction Program" or "School Program" means
					 the over-all program mandated by the Act for the design, renovation, repair,
					 and new construction of primary and secondary public schools throughout the
					 State, through the implementation of school facilities projects.
"School facilities package" or "package" means any and all
					 of the school facilities projects that are identified in the Bid
					 Documents.
"School facilities project" or "project" means the
					 demolition, construction, improvement, repair, alteration, modernization,
					 renovation, reconstruction or capital maintenance, in accordance with the
					 Department of Education's rules at N.J.A.C. 6A:26, of all or any part of a
					 school facility or of any personal property necessary for, or ancillary to, any
					 school facility, and shall include fixtures, furnishings and equipment. Each
					 school facilities project that is part of the firm's work is identified in the
					 contract documents.
"School facility" means and includes any structure,
					 building or facility used wholly or in part by a school district for academic
					 purposes.
"State" means the State of New Jersey, or any of the
					 departments or agencies in the Executive Branch of government.
"Work" means the furnishing of all labor, services,
					 materials, equipment, tools, transportation, supplies and other incidentals to
					 be furnished, provided or performed by the firm, as required by the contract
					 documents, including all efforts necessary or appropriate to achieve final
					 acceptance and completion.