New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38D - PROCUREMENT OF GOODS AND SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 19:38D-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 vendor for the provision of goods and/or services.
"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 members of the Authority as outlined in
					 52:18A-237.
"Compensation" means the payment due the vendor pursuant to
					 the agreement.
"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.
"Fee proposal" means the proposal submitted by a vendor, in
					 the form and manner provided in the request for qualifications or request for
					 proposals, which specifies the fees proposed for the provision of goods and/or
					 services.
"Goods" means fixtures, furnishings, equipment, technology
					 and any other items the procurement of which the Authority deems necessary for
					 the school construction program. For purposes of this chapter, "goods" shall
					 not include materials to be provided in connection with the provision of
					 services pursuant to an agreement entered into by the Authority pursuant to
					 N.J.A.C. 19:38C or
					 52:18A-243.
"Key personnel" means those persons named by a vendor in
					 response to a requirement in an RFQ or RFP for specific identification of
					 employees or personnel having a responsible role in the successful delivery of
					 goods or services proposed by a vendor.
"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 vendor that seeks to enter
					 an agreement with the Authority.
"Notice of award" means a written notice issued to a vendor
					 by the Authority indicating that the vendor has been selected to provide
					 certain goods or 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 vendor for the provision of
					 those goods and/or 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-qualified" or "pre-qualification" means the approval
					 of a vendor by the Authority pursuant to N.J.A.C. 19:38A.
"Proposal" means the response submitted by a firm 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 vendors
					 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 the solicitation
					 issued by the Authority in connection with the selection of a vendor.
"Request for qualifications" or "RFQ" means the request for
					 statements of qualifications issued by the Authority seeking submissions from
					 vendors 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
					 vendor.
"Schedule of goods" means the goods required to be provided
					 by a vendor under an agreement.
"School construction program" means the program of school
					 facilities projects and related activities undertaken by the Authority.
"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 academic purposes by a
					 district, and facilities that physically 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 herein.
"Scope of services" means the extent of obligations
					 contractually required from a vendor pursuant to an agreement.
"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 vendors' responses to RFQs and/or RFPs in connection
					 with a procurement, when the compensation for the engagement is anticipated to
					 exceed the State bid advertisement threshold pursuant to N.J.S.A.
					 52:34-7b.
"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 vendor pursuant to the agreement, including all other labor,
					 materials and equipment provided or to be provided to fulfill such obligations,
					 except that, for purposes of these policies and procedures, "services" shall
					 not include:
1. Any "architectural, engineering or land surveying
					 services" within the meaning of
					 52:34-9.2;
2. Services procured under the procedures established at
					 N.J.A.C. 19:38C; and
3. Services subject to the procurement requirements
					 established at
					 52:18A-243.
"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
					 vendor, pursuant to a term agreement.
"Term agreement" means an agreement whereby the Authority
					 may engage a vendor for a defined period of time, as provided in this
					 chapter.
"Vendor" means a provider of goods and/or services.