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-1.2 - 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,
					 which mandates the school construction program.
"Agreement" means the written agreement between the
					 Authority and the architectural, engineering, land surveying, or other
					 professional services consultant for the provision of services.
"Appraiser" means a firm that provides an unbiased
					 analysis, opinion, or conclusion on the value of real property.
"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.
"Board" means the governing body of the Authority,
					 consisting of the members of the Authority as outlined in
					 52:18A-237.
"Commissioner" means the Commissioner of the Department of
					 Education.
"Compensation" means the payment(s) due to the professional
					 services consultant for services rendered.
"Corporation" or "SCC" means the New Jersey Schools
					 Construction Corporation, the entity formed pursuant to
					 34:1B-159 and the predecessor to
					 the Authority, which was abolished by
					 P.L.
					 2007, c. 137.
"Department" means the New Jersey Department of
					 Education.
"Emergent project" means a capital project necessitating
					 expedited review and, if applicable, approval, in order to alleviate a
					 condition that, if not corrected on an expedited basis, would render a building
					 or facility so potentially injurious or hazardous that it causes an imminent
					 peril to the health and safety of students or staff, as defined by
					 6A:26-1.2.
"Expert" means an individual or firm with a high degree of
					 skill or knowledge in a specific subject engaged or to be engaged by the
					 Authority for purposes of litigation support, including, but not limited to,
					 testimony as an expert witness.
"Fee proposal" means the proposal submitted by the
					 professional services consultant in the form and manner provided for in the
					 request for qualifications or request for proposals, which specifies the fees
					 proposed for the provision of services.
"Key team member" means a principal, partner, or officer of
					 the professional services consultant, project executive, senior principal,
					 studio head, project manager, project architect, construction administrator,
					 job captain, or any other title required in the request for qualifications or
					 request for proposals, and represented in a proposal as having a responsible
					 role in the successful completion of services required in the agreement.
"Moral integrity review" means an investigation, performed
					 by the Authority or members of the New Jersey State Police or other
					 investigative body on behalf of the Authority, of a firm that seeks to enter an
					 agreement with the Authority.
"NJEDA" means the New Jersey Economic Development Authority
					 established pursuant to P.L. 1974, c. 80,
					 34:1B-1 et seq., as amended, or
					 any successor thereto.
"Notice of award" means a written notice issued to a
					 professional services consultant by the Authority indicating that the
					 professional services consultant has been selected to perform certain services
					 pursuant to an Authority procurement process and that upon the Authority's
					 receipt of certain required documentation, the Authority intends to enter an
					 agreement with the professional services consultant for the performance of
					 those services.
"Other facilities" means those facilities that are not
					 school facilities projects as defined by the Act, namely, athletic stadiums,
					 swimming pools, any associated structures or related equipment tied to such
					 facilities including, but not limited to, grandstands and night field lights,
					 greenhouses, facilities used for non-instructional or non-educational purposes,
					 and any structure, building, or facility used solely for school
					 administration.
"Pre-construction activities" means the work that must be
					 undertaken prior to submitting a school facilities project application to the
					 Department for approval and calculation of preliminary eligible costs. Such
					 activities may include:
1. Site analysis;
2. Acquisition of land;
3. Remediation;
4. Site development;
5. Feasibility studies including studies to determine the
					 viability of new construction versus rehabilitation;
6. Design work;
7. Acquisition of and design work for temporary facilities;
					 and
8. Such other activities as may be specified in
					 18A:7G-5 or
					 19:34-1.2 or 6A:26-1.2.
"Pre-qualified" or "pre-qualification" means the approval
					 of a professional services consultant by the Authority pursuant to N.J.A.C.
					 19:38A.
"Preliminary eligible costs" means the initial eligible
					 costs of a school facilities project as calculated pursuant to the formulas set
					 forth in section 7 of
					 P.L.
					 2000, c. 72,
					 18A:7G-7 or as otherwise provided
					 pursuant to
					 section
					 5 of
					 P.L.
					 2000, c. 72,
					 18A:7G-5 and which shall be
					 deemed to include the costs of construction and other allowable costs.
"Professional services consultant" or "consultant" 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,
					 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. The professional services consultant 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 title 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.
"Proposal" means the response submitted by a professional
					 services consultant with respect to a request for qualifications or a request
					 for proposals.
"Protest" means a challenge to a decision, statement,
					 action, or alleged inaction of the Authority.
"Ranking" means the process of listing responsive
					 professional services consultants 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 a request for
					 technical proposals and/or fee proposals for the selection of a professional
					 services consultant.
"Request for qualifications" or "RFQ" means a written
					 request issued by the Authority seeking submissions from professional services
					 consultants, including statements of qualifications, experience, and/or
					 organizational information, as well as any additional information deemed
					 necessary by the Authority, in connection with the selection of a professional
					 services consultant for a school facilities project, pre-construction activity,
					 or other type of engagement for the school construction program.
"School construction program" means the program of school
					 facilities projects and related activities undertaken by the Authority pursuant
					 to the Act.
"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
					 development, 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.
"School facility" means and includes any structure,
					 building or facility used wholly or in part for educational purposes by a
					 district, and facilities that support such structures, buildings and
					 facilities, such as district wastewater treatment facilities, power generating
					 facilities, and steam generating facilities, but shall exclude other facilities
					 as elsewhere defined in this section.
"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 committee" means the group(s) responsible for
					 review and evaluation of professional services consultants' responses to RFQs
					 and/or RFPs in connection with a procurement of one or more professional
					 services consultants for an engagement with the Authority when the compensation
					 for the engagement is anticipated to exceed the State bid advertisement
					 threshold pursuant to
					 52:18A-243.
"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, preparing minutes of selection committee meetings, and other
					 similar administrative duties.
"Services" means the duties and responsibilities to be
					 performed by the professional services consultant pursuant to the agreement,
					 and includes all other labor, materials, and equipment provided or to be
					 provided to fulfill such obligations.
"Small business enterprise" or "SBE" means a firm that is
					 registered as a "small business" with the New Jersey Department of the
					 Treasury, Division of Minority and Women Business Development pursuant to
					 17:14-3.1.
"Task order" means a contractual document, containing a
					 scope of work, negotiated costs, and schedule, which the Authority issues to a
					 professional services consultant, pursuant to a term agreement.
"Term agreement" means an agreement whereby the Authority
					 may engage a professional services consultant for a defined period of
					 time.
"Title insurance" means a policy issued by a title
					 insurance company insuring, guaranteeing, or indemnifying owners of real
					 property or others interested therein against loss or damage suffered by reason
					 of liens, encumbrances upon, defects in or the unmarketability of the title of
					 the subject property and includes searches relating to the title of the subject
					 property.
"Title insurance company" means a title insurance company
					 duly authorized to transact the business of issuing title insurance in the
					 State of New Jersey.