New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 16:72-1.2 - 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:
"Affiliates" means persons having an overt or covert
				  relationship such that any one of them directly or indirectly controls or has
				  the power to control another.
"Bid security" means a guarantee, in the form of a bond or
				  deposit consisting of a cashier's check, certified check or irrevocable letter
				  of credit that the bidder, if selected, will accept the contract as bid;
				  otherwise, the bidder or its guarantor will be liable for the amount of the
				  loss suffered by NJ TRANSIT, which loss may be partially or completely
				  recovered by NJ TRANSIT in exercising its rights against the bond or
				  deposit.
"Bidder" or "proposer" means any person, firm, corporation,
				  or other entity that provides, or offers or proposes to provide, goods or
				  services to, or performs, any contract for NJ TRANSIT.
"Chief Procurement Officer" means the person responsible for
				  the management and administration of the procurement, purchasing, materials
				  management, and central intake for NJ TRANSIT.
"Contracting" means any arrangement giving rise to an
				  obligation to supply anything or perform any service for NJ TRANSIT, other than
				  by virtue of employment, or to supply anything to or perform any service for a
				  private or public person where NJ TRANSIT provides substantial financial
				  assistance and retains the right to approve or disapprove the nature or quality
				  of the goods or services or the persons who may supply or perform the
				  same.
"Contracting officer" means the designee of the Executive
				  Director authorized to execute contracts and make determinations regarding all
				  aspects of the procurement and contracting process.
"Days" means calendar days unless otherwise specified.
"Debarment" means an exclusion from NJ TRANSIT contracting,
				  on the basis of a lack of responsibility evidenced by an offense, failure or
				  inadequacy of performance or lack of integrity, for a reasonable period of time
				  commensurate with the seriousness of the offense, failure or inadequacy of
				  performance or lack of integrity.
"Design-build (DB)" means a design-build project in which one
				  single entity performs the design and construction for the project. The
				  design-build firm may be a single firm, a joint venture, a general contractor,
				  or a joint venture and an architect/engineer team.
"Design-build-finance-operate and maintain (DBFOM)" means a
				  design-build project in which one single entity provides the financing, or a
				  part thereof, for the project and performs the design and construction of a
				  project, operates the project, and maintains the project for a specified period
				  of time, all under one contract. The DBFOM may be a single firm, a joint
				  venture, or a general contractor, or a joint venture and an architect/engineer
				  team.
"Design-build project" means:
1. A project under which NJ TRANSIT enters into a contract
				  with a seller, firm, or consortium of firms to design and build a public
				  transportation system or an operable segment of such system; and
2. May include an option to finance, or operate and maintain
				  for a period of time, the system or segment or any combination of designing,
				  building, operating, or maintaining such system or segment.
In addition, "design-build project" also means a construction
				  project under which NJ TRANSIT enters into a contract with a firm, or
				  consortium of firms, both to design and construct a public transportation
				  facility that is the subject of the project.
"Design-build-operate and maintain (DBOM)" means a
				  design-build project in which one single entity performs the design and
				  construction of a project, operates the project, and maintains the project for
				  a specified period of time all under one contract. The DBOM may be a single
				  firm, a joint venture, a general contractor, or joint venture and an
				  architect/engineer team.
"Disqualification" means a debarment or suspension which
				  denies or revokes a qualification to bid or otherwise engage in NJ TRANSIT
				  contracting which has been granted or applied for pursuant to statute, or rules
				  and regulations.
"Line item" means a procurement item specified in the
				  solicitation for which the bidder is asked to give individual pricing
				  information.
"NJ TRANSIT means the New Jersey Transit Corporation which
				  was established by
				  27:25-1 et
				  seq. and its subsidiaries.
"Payment bond" means a guarantee provided prior to execution
				  of a contract in the form of a bond that the vendor will pay all of its
				  obligations to its subcontractors and suppliers and that NJ TRANSIT
				  subcontractors and suppliers will be protected from loss in the event that the
				  vendor fails to make payment as agreed.
"Performance bond" means a guarantee, provided prior to
				  execution of a contract, in the form of a bond that the successful bidder will
				  complete the contract as agreed and that NJ TRANSIT will be protected from loss
				  in the event the vendor fails to complete the contract as agreed.
"Person" means any natural person, company, firm,
				  association, corporation, or other entity.
"Procurement" means the awarding of contracts for
				  construction, alterations, supplies, equipment, repairs or maintenance, goods,
				  or for rendering any services to NJ TRANSIT. "Procurement" shall include
				  contracts that are awarded after advertisement, or other competitive process,
				  as well as contracts that are awarded pursuant to
				  N.J.A.C.
				  16:72-1.5(e)
				  (procurement-by-exception).
"Procurement-by-exception" means a form of procurement in
				  which the subject matter is excepted from the requirement of public
				  advertisement.
"Publicly available," with respect to any procurement, either
				  in printed or electronic format, means access to the record of any particular
				  procurement or contract for review and/or copying, with the exception of any
				  materials deemed by NJ TRANSIT to be proprietary, confidential, or subject to
				  any privilege, or exclusion under the Open Public Records Act,
				  N.J.S.A.
				  47:1A-1et seq., the common law, and/or U.S.
				  copyright law.
"Suspension" means an exclusion from NJ TRANSIT contracting
				  for a temporary period of time, pending the completion of an investigation or
				  legal proceedings.
"Term contract" means a contract in which a source or sources
				  of supply are established for a specified period of time, usually characterized
				  by an estimated or definite minimum quantity, with the possibility of
				  additional requirements beyond the minimum, all at a predetermined unit
				  price.
"Vendor" or "contractor" means any person, firm, corporation
				  or other entity which provides or offers or proposes to provide goods or
				  services to or perform any contract for NJ TRANSIT.