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-6.1 - Submission of price proposal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The price
				  proposal shall be submitted with the technical submittal in a separate sealed
				  envelope and shall document the bidder's price for construction of the school
				  facilities project, in accordance with the requirements of the RFP. The
				  envelope shall indicate clearly that it is the price proposal and shall
				  identify the bidder's name, project number, and any other information required
				  by the RFP. The price proposals shall remain sealed throughout the technical
				  submittal evaluation process until the time for opening of price proposals as
				  indicated in the RFP, and as modified by addendum.
(b) Each price proposal shall be accompanied
				  by an Uncompleted Contracts Form, executed by the bidder, which is a statement
				  of the current value and status of the bidder's backlog of uncompleted
				  construction work as of the price proposal due date, and which includes a
				  certification that, if the bidder is awarded the contract for the construction
				  of the schools facility project that is the subject of the procurement, the
				  award will not cause the bidder to exceed its aggregate rating. The backlog of
				  uncompleted construction work shall be the total contract value of unbilled
				  work, as evidenced by the most recent approved invoice (or other similar
				  documentation) received by the firm before the date of the submission of the
				  price proposal. A bidder shall not submit a price proposal that causes the
				  total outstanding amount of all of its existing contracts, both public and
				  private as described in the Uncompleted Contracts Form, to exceed its aggregate
				  rating. A bidder shall not be awarded a school facilities package which, when
				  added to the backlog of uncompleted construction work as defined in and shown
				  on the executed Authority backlog form, would exceed the bidder's aggregate
				  rating. Nor may a bidder submit, or the Authority award a contract based on, a
				  price proposal that names a subcontractor whose aggregate rating would exceed
				  the subcontractor's aggregate rating, if the subcontractor's contract for the
				  school facilities package at issue were added to the subcontractor's existing
				  backlog of uncompleted work. The same bidder may submit multiple bids to the
				  Authority for several procurements, meaning bids for consideration on separate
				  projects being procured concurrently, when the sum of the outstanding bids
				  exceeds the firm's aggregate rating; however, a firm may not enter into any
				  contracts in excess of its aggregate rating as set forth on the Authority's
				  Uncompleted Contracts Form submitted with the price proposal. Upon receipt of
				  multiple bids from a bidder, the Authority, at its sole discretion, shall
				  determine which contract or contracts are to be awarded to such firm within the
				  firm's aggregate rating. If a firm successfully bids for two or more school
				  facilities packages, which, either in combination with each other or in
				  combination with the bidder's backlog of uncompleted construction work on other
				  currently held contracts, would exceed the bidder's aggregate rating, the firm
				  shall be awarded only those school facilities packages which in combination
				  fall within the firm's aggregate rating as set forth in
				  19:38-3.9.
(c) Each price proposal shall be accompanied
				  by a bid bond in the form and amount specified in the RFP. Bid bonds shall
				  comply with the requirements of this chapter and with relevant State statutes.
1. Each bid bond shall reference the
				  procurement package to which it applies.
2. Bid bonds covering Authority procurement
				  packages shall be issued only in accordance with
				  2A:44-143 through 147.
3. Bid bonds shall be issued to the
				  contractor, and shall indicate aggregate bonding limits.
4. Bid bonds shall be issued by companies
				  listed in the current United States Treasury Department Circular 570, which
				  Circular will establish the underwriting limitation for any one risk.
5. Bid bonds shall be issued only by
				  companies authorized to transact business in the State of New Jersey.