New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38A - PROCEDURES FOR PREQUALIFICATION OF CONTRACTORS AND PROFESSIONAL SERVICES CONSULTANTS FOR THE NEW JERSEY SCHOOLS CONSTRUCTION PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 19:38A-1.3 - 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 states
					 otherwise:
"Act" 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.
"Adverse action" means a debarment, a revocation of a
					 current, valid prequalification, or the denial of a timely and complete
					 application to renew a current, valid prequalification.
"Affiliates": Firms or persons are affiliates of each other
					 if, directly or indirectly, either one controls or has the power to control the
					 other, or a third party controls or has the power to control both. Indicia of
					 control include, but are not limited to, interlocking management or ownership,
					 identity of interests among family members, shared facilities and equipment, a
					 common license holder, or common use of employees. It is also an indication of
					 control if a firm is organized, activated or applies for prequalification
					 following the debarment, suspension, or proposed debarment of another firm with
					 the same or similar management, ownership, or key persons.
"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.
"Application" means the forms, certifications, and
					 accompanying documents filed in connection with a firm's request for
					 prequalification, including such documents as are required by or are expressly
					 relied upon by the Authority, which are mandatory and which must be made under
					 oath or by certification on forms designated by the Authority. The submission
					 shall include:
1. A list of the names and titles of all individuals who
					 own 10 percent or more of any class of stock in the corporation or are a 10
					 percent or more partner or participant in the firm;
2. Disclosure of any judgments, convictions or criminal
					 indictments for any conduct constituting a crime under local, state or Federal
					 law;
3. Disclosure of any judgments, injunctions or liens
					 obtained by an agency of government including, but not limited to, judgments
					 based on taxes owed and fines and penalties assessed by an agency of
					 government.
4. Disclosure of any civil or administrative proceedings
					 alleging violations of federal, state or local laws, rules or regulations,
					 including health laws, unemployment insurance or workers' compensation coverage
					 or claim requirements, wage and hour laws, labor laws, the Employee Retirement
					 Income Security Act of 1974 ( Pub.L. 93-406,
					 29 U.S.C.
					 §§
											1001 et. seq.), securities laws,
					 environmental laws, safety laws, licensing laws, tax laws and antitrust
					 laws;
5. Disclosure of any Federal, state or local debarment,
					 disqualification, revocation, suspension, non-responsibility finding or denial
					 of prequalification; and
6. Any other information or documents that the Authority or
					 OGI deems necessary from a specific applicant.
"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, which is statutorily
					 charged with undertaking and funding school facilities pursuant to the
					 Act.
"Authority-managed project" means a school facilities
					 project or pre-development activity undertaken by the Authority. It includes
					 projects in the Abbott districts, districts with a district aid percentage of
					 55 percent or more, level II districts and those districts with a district aid
					 percentage less than of 55 percent which elect to have the Authority undertake
					 their school facilities projects. As used in this definition, "Abbott district"
					 means as defined in
					 18A:7F-3 and "level II district"
					 means a school district which is directed by the commissioner of education to
					 enter Level II monitoring pursuant to the provisions of
					 18A:7A-14.
"Bid," for Authority-managed projects, means the Project
					 Rating Proposal and the Price Proposal.
"Burden of proof" means the obligation to meet the
					 requirements of this chapter that a fact be proved either by a preponderance of
					 the evidence or by clear and convincing evidence, as the case may be.
"CEO" means the Chief Executive Officer of the
					 Authority.
"Clear and convincing evidence" means evidence or
					 information sufficient to produce a firm belief as to the truth of the matter
					 sought to be established.
"Contractor" means those persons or firms engaged by the
					 school district or the Authority to undertake the construction or the
					 acquisition and installation of the school facilities project. There may be
					 either a single "general" contractor who has overall contractual responsibility
					 for delivering all of the services needed to complete the school facilities
					 project or there may be multiple contractors who have responsibility for
					 delivering particular aspects of the school facilities project.
"Debarment" means an exclusion by the Authority from
					 bidding, proposing, or contracting with the Authority, or with any school
					 district for a school facilities project or predevelopment activity, or from
					 providing goods or services on any school facilities project or predevelopment
					 activity, for a definite period of time.
"DPMC" means the Division of Property Management and
					 Construction in the Department of Treasury.
"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.
"DPMC Prequalification" means the process and product of
					 assigning specific professional disciplines and the maximum prequalification
					 level which define the eligibility of firms to provide professional consultant
					 services as determined by the DPMC in accordance with the DPMC rules at
					 N.J.A.C. 17:19-5.
"Discipline" means the technical expertise of professionals
					 in the firm applying for prequalification.
"Firm" or "person" means any natural person, association,
					 company, contractor, corporation, joint stock company, limited liability
					 company, partnership, sole proprietorship, or other business entity, including
					 their assignees, lessees, receivers or trustees.
"Initial application" means any application for
					 prequalification other than a timely application to renew a current, valid
					 prequalification.
"Key person" means any individual employed by the firm in a
					 supervisory capacity or empowered to make discretionary decisions with respect
					 to fees and/or contracts within the State. "Key person" also means any person
					 who owns a beneficial interest of 10 percent or more in the firm, the managing
					 members of limited liability companies and corporate officers and directors,
					 and individuals able to bind the firm to New Jersey bids and/or contracts of $
					 50,000 or more and/or authorized to sign checks to make payments of $ 50,000 or
					 more in connection with New Jersey contracts.
"Material testing laboratory" means a laboratory engaged in
					 the testing of samples and other materials that is engaged by the Authority or
					 its contractor or professional services consultant for a school facilities
					 project or pre-development activity.
"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 DPMC Prequalification" means the document(s)
					 from the DPMC notifying the Firm of the specific professional disciplines and
					 of the maximum prequalification level for which the firm may provide
					 professional consultant services, in accordance with the DPMC rules at N.J.A.C.
					 17:19-5.
"Notice of Prequalification" means the letter from the
					 Authority issuing the firm its Prequalification.
"Office" or "OGI" means the Office of Government Integrity
					 in the Department of Law and Public Safety.
"Pre-development activities" means the activities that must
					 be undertaken prior to submitting a school facilities project application to
					 the Department of Education for approval and calculation of preliminary
					 eligible costs, as defined at
					 18A:7G-3. Such activities may
					 also include:
1. Site analysis;
2. Acquisition of land;
3. Environmental 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
					 19:34-1.2 and
					 6A:26-1.2.
"Preponderance of the evidence" means evidence or
					 information sufficient to establish that the matter sought to be proved is more
					 probable than not. If the evidence or information is in equipoise, the burden
					 has not been met.
"Prequalification" means the approval of a firm by the
					 Authority enabling the firm to submit a bid for, and be awarded, a contract or
					 to work as a subcontractor on any school facilities project or pre-development
					 activity, or to enable a professional to submit a proposal for, and to be
					 awarded, a professional consultant services contract or to serve as a
					 subconsultant on any school facilities project or pre-development
					 activity.
"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.
"Professional services consultants" or "consultants" means
					 consultants, providing professional services associated with research,
					 development, design and construction administration, alteration, or renovation
					 in connection with school facilities projects or predevelopment activities or
					 the school construction program, as well as incidental services that members of
					 these professions and those in their employ may logically or justifiably
					 perform. These consultants may provide services including studies,
					 investigations, surveys, evaluations, consultations, planning, programming,
					 conceptual designs, plans and specifications, cost estimates, construction
					 management, inspections, shop drawing reviews, preparation of operating and
					 maintenance manuals, and other related services. Notwithstanding anything to
					 the contrary, "professional services consultants" for the purposes of this
					 chapter shall mean those consultants who provide "professional architectural,
					 engineering or land surveying services" within the meaning of
					 52:34-9.2, and shall also include
					 project management firms, which are firms engaged by the Authority to provide
					 overall construction management services, oversight, direction, coordination,
					 and reporting in connection with school facilities projects.
"Project Rating Proposal" means that part of the bid to be
					 submitted by the firm for issuance by the Authority of the project
					 rating.
"Proposal" means the technical proposal, or fee proposal,
					 or both, as the case may be, submitted by a consultant in response to a request
					 for proposals.
"Request for proposals" means the request for technical
					 proposals and/or fee proposals issued by the Authority in connection with the
					 selection of a professional services consultant or contractor for a school
					 facilities project, pre-development activity, or other type of engagement for
					 the school construction program, as the case may be.
"School contract" means, with respect to the Authority, a
					 contract entered into between the Authority and a contractor or professional
					 services consultant; and with respect to a school district, a contract entered
					 into between the school district and a contractor or professional services
					 consultant.
"School facilities project" means the acquisition,
					 demolition, construction, improvement, repair, alteration, modernization,
					 renovation, reconstruction or 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 school
					 district, but shall exclude athletic stadiums, grandstands, and any structure,
					 building or facility used solely for school administration.
"Subconsultant" means a consultant to whom the consultant
					 subcontracts part of the work for which the consultant is responsible.
"Subcontractor" means the contractor to whom a contractor
					 subcontracts part of the work for which the contractor is responsible.
"Suspension" means an exclusion by the Authority from
					 bidding, proposing, or contracting with the Authority, or with any school
					 district for a school facilities project or predevelopment activity, or from
					 providing goods or services on any school facilities project or predevelopment
					 activity, for a period of time, pending the completion of an investigation,
					 legal proceedings, or administrative proceedings.