reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 1 - GENERAL PROVISIONS › Section 16:72-1.11 - Public information

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After a contract is executed, all
				information submitted in response to a solicitation of proposals or bids is
				considered public information, notwithstanding any disclaimers to the contrary
				submitted by a proposer or bidder, except when a request for proposals (RFP)
				contains a negotiation component or as may be exempted from public disclosure
				by the Open Public Records Act (OPRA),
				N.J.S.A.
				47:1A-1et seq., and/or the common law. As a
				part of its proposal, each proposer or bidder may identify any data or
				materials it asserts are exempt from public disclosure under OPRA and/or the
				common law, explaining the basis for such assertion. Assertions that the entire
				bid or proposal, and/or prices contained therein, are exempt from public
				disclosure under OPRA, the common law, or the U.S. Copyright Act are overbroad
				and will not be honored by NJ TRANSIT. In the event that a public request is
				made for materials that the proposer or bidder has identified as confidential,
				NJ TRANSIT shall have the final authority to determine whether the materials
				are exempt from public disclosure under OPRA and shall take action as required
				by applicable law. The proposer or bidder may elect to defend its assertion of
				exemption from the public disclosure requirements of OPRA or the common law,
				but in doing so, all costs and expenses associated therewith shall be the
				responsibility of the bidder or contractor. NJ TRANSIT assumes no such
				responsibility or liability.
(b)
				When a solicitation permits negotiation with proposers or bidders after the
				submission of proposals or bids, the proposals or bids shall be made publicly
				available only after a contract is executed.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 2 - PROCEDURES FOR INVITATION FOR BID (IFB) › Section 16:72-2.1 - Advertising of bids

Current through Register Vol. 56, No. 14, July 15, 2024
The advertisement for bids shall be placed in such newspaper
				  or newspapers selected by NJ TRANSIT that will give best notice thereof to
				  bidders and will be posted on NJ TRANSIT's website. Advertisements shall be
				  made a minimum of 20 calendar days in advance of the bid opening; however, a
				  lesser time period may be set by the Chief Procurement Officer in order to
				  provide public transportation and transit operations without disruption. The
				  advertisement shall designate the time and place, when and where sealed bids
				  shall be received and publicly opened and read, or whether bids shall be
				  received electronically, and such other terms as NJ TRANSIT may deem
				  proper.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 2 - PROCEDURES FOR INVITATION FOR BID (IFB) › Section 16:72-2.2 - Bid bonds

Current through Register Vol. 56, No. 14, July 15, 2024
A bid bond or a deposit consisting of a cashier's check,
				  certified check, or irrevocable letter of credit drawn to the order of NJ
				  TRANSIT in an amount to be determined by NJ TRANSIT, but not exceeding 10
				  percent of the bid, shall accompany all bids to serve as a guarantee that the
				  bidder will, upon acceptance of its bid, execute such contractual documents as
				  may be required within 10 working days after issuance of a notice of intent to
				  award. Any bonds submitted pursuant to this section must be executed by surety
				  companies licensed to do business in the State of New Jersey and licensed by
				  the New Jersey Department of Banking and Insurance, in compliance with the New
				  Jersey Producer Licensing Act of 2001,
				  P.L.
				  2001, c. 210, as
				  amended, and authorized by the U.S. Department of the Treasury, pursuant to
				  Circular 570 as of the date of receipt of bids. Any letters of credit shall be
				  issued by Federally insured financial institutions.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 2 - PROCEDURES FOR INVITATION FOR BID (IFB) › Section 16:72-2.3 - Performance and payment bonds

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In accordance
				with
				N.J.S.A.
				2A:44-143, a performance bond not to exceed
				100 percent of the contract price shall be required of the successful bidder
				when a contract for public buildings, or other public works or improvements is
				awarded to secure fulfillment of the contractor's obligations specified in the
				contract. The bond percentage required, based upon NJ TRANSIT's assessment of
				the risks presented to the State by the type of contract and other relevant
				factors, shall be identified in the bid documents prior to the contract bidding
				date. NJ TRANSIT may waive the bond requirement consistent with
				N.J.S.A.
				2A:44-143. In determining whether to waive
				the bond requirement, NJ TRANSIT shall consider the following:
1. The nature and extent of the work to be
				performed;
2. The availability of
				potential bidders to perform the work; and
3. The financial and other capabilities of
				the potential bidders.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 2 - PROCEDURES FOR INVITATION FOR BID (IFB) › Section 16:72-2.4 - Pre-qualification of firms for capital projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prospective
				contractors, prior to bidding on improvements to capital facilities and
				equipment, must be pre-qualified as to the character or amount of work or both
				for which they are permitted to submit bids. Such pre-qualification shall be
				based on all factors relating to contractor responsibility as set forth in
				16:72-1.4, and any pertinent
				information relating to the qualifications of contractors.
(b) Such pre-qualification, as noted in (a)
				above, shall be assigned contractors based on information submitted by them in
				response to a questionnaire provided by NJ TRANSIT. A prospective contractor
				dissatisfied with its pre-qualification classification may request an informal
				hearing to present additional information to justify a different
				classification. After hearing the additional evidence, NJ Transit may, in its
				discretion, change or modify the bidder's classification.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 2 - PROCEDURES FOR INVITATION FOR BID (IFB) › Section 16:72-2.5 - Amendment of Invitation for Bids

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If, after
				issuance of an Invitation for Bids, but before the time for bid opening, it
				becomes necessary to make changes in quantity, specifications, delivery
				schedules, opening dates, etc., or to correct a defective or ambiguous
				Invitation for Bid, such changes shall be accomplished by issuance of an
				amendment to the Invitation for Bids.
1. The
				amendment shall be sent to everyone to whom Invitations for Bids have been
				furnished or made available online.
2. The amendment shall be issued five
				calendar days before the scheduled bid opening. If necessary the bid opening
				will be rescheduled at the discretion of the Contracting Officer.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 2 - PROCEDURES FOR INVITATION FOR BID (IFB) › Section 16:72-2.6 - Cancellation of Invitations for Bids before opening

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				Invitations for Bids should not be cancelled, unless cancellation is in NJ
				TRANSIT's best interest.
(b) Where
				an Invitation for Bid is cancelled, bids that have been received shall be
				returned, unopened, to the bidders and a notice of cancellation shall be sent
				to all prospective bidders to whom Invitations for Bids were issued or made
				available online.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 2 - PROCEDURES FOR INVITATION FOR BID (IFB) › Section 16:72-2.7 - Time of bid submission

Current through Register Vol. 56, No. 14, July 15, 2024
Bids shall be submitted, so as to be received as designated
				  in the Invitation for Bids not later than the exact time set for opening of
				  bids.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 2 - PROCEDURES FOR INVITATION FOR BID (IFB) › Section 16:72-2.8 - Receipt and safeguarding of bids

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All bids
				received prior to the time of opening shall be kept secure, and, except as
				provided in (b) below, unopened. If an Invitation for Bids is cancelled, or if
				a bidder effectively withdraws a bid prior to the time set for opening of bids,
				all bids, or the withdrawn bid, as the case may be, shall be returned to the
				bidders.
(b) Unidentified bids may
				be opened solely for the purpose of identification and then immediately
				resealed. A record of this event shall be kept in the bid file.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 2 - PROCEDURES FOR INVITATION FOR BID (IFB) › Section 16:72-2.9 - Bid opening

Current through Register Vol. 56, No. 14, July 15, 2024
All bids shall be publicly opened and, when practicable,
				  read aloud. An abstract of all bids shall be prepared. Bids accepted
				  electronically will also be available for viewing.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 2 - PROCEDURES FOR INVITATION FOR BID (IFB) › Section 16:72-2.10 - Late bids

Current through Register Vol. 56, No. 14, July 15, 2024
Bids not received prior to or at the time designated for
				  formal bid opening shall not be considered and shall be returned to the bidder
				  unopened.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 2 - PROCEDURES FOR INVITATION FOR BID (IFB) › Section 16:72-2.11 - Responsive bids

Current through Register Vol. 56, No. 14, July 15, 2024
To be considered for award, a bid must comply in all
				  material respects with the Invitation for Bids so that, both as to the method
				  and timeliness of submission and as to the substance of any resulting contract,
				  all bidders may stand on an equal footing and the integrity of the formal
				  advertising system may be maintained.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 2 - PROCEDURES FOR INVITATION FOR BID (IFB) › Section 16:72-2.12 - Cancellation of bids after opening

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Invitations for
				Bids may be cancelled after opening but prior to award and all bids rejected,
				where NJ TRANSIT determines that:
1.
				Inadequate or ambiguous specifications were given in the Invitation;
2. The supplies or services being purchased
				are no longer required;
3. The
				Invitation for Bids did not provide for consideration of all factors of cost to
				NJ TRANSIT;
4. Bids received
				indicate that the needs of NJ TRANSIT can be satisfied by a less expensive item
				differing from that for which bids were solicited;
5. All otherwise acceptable bids received are
				at unreasonable prices;
6. Bids
				were not independently arrived at in open competition, were collusive, or were
				submitted in bad faith; or
7. For
				other reasons, cancellation is in the best interest of NJ TRANSIT.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 2 - PROCEDURES FOR INVITATION FOR BID (IFB) › Section 16:72-2.13 - Rejection of individual bids

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any bid which
				materially fails to conform to the requirements of the Invitation for Bids
				shall be rejected.
(b) Any bid
				which imposes conditions which would materially modify requirements of the
				Invitations for Bids or limit the bidder's liability to NJ TRANSIT shall be
				rejected.
(c) Bids received from
				firms determined to be not responsible shall be rejected.
(d) Where a bidder fails to furnish bid
				security in accordance with the material requirements of the Invitation for
				Bids, the bid shall be rejected.
(e) Where a bid fails to comply with all
				material Equal Employment Opportunity (EEO), Disadvantaged Business Enterprise
				(DBE), and Small Business Enterprise (SBE) requirements expressed in an
				Invitation for Bids, the bid shall be rejected.
(f) Where the bid line items are materially
				unbalanced and award would not be in the best interest of NJ TRANSIT, the bid
				will be rejected.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 2 - PROCEDURES FOR INVITATION FOR BID (IFB) › Section 16:72-2.14 - By-pass of low bidders

Current through Register Vol. 56, No. 14, July 15, 2024
If the low bidder is by-passed, a memorandum stating the
				  justification shall be prepared for the file and a letter explaining the
				  decision shall be forwarded to the low bidder.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 2 - PROCEDURES FOR INVITATION FOR BID (IFB) › Section 16:72-2.15 - Mathematical calculations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) After the bids
				are opened, they shall be compared on the basis of the correctly determined
				summation of the correctly determined products of all the quantities for
				contract line items shown in the bid multiplied by the unit prices bid. The
				results of such comparisons shall be made available to the public. Award shall
				be made on the basis of the correct total contract price.
(b) In the event of a discrepancy between the
				unit price bid for any contract line item and the extension shown for that item
				under the column of the bid designated "Amount," the unit price shall govern.
1. Where a unit price is bid for a contract
				line item, but no extension is provided, NJ TRANSIT shall provide the extension
				based on the unit price bid and the estimated quantity for that contract
				item.
2. Where an extension is
				provided by the bidder in the "Amount" column, but no unit price appears in the
				"Unit Price" column of the bid, NJ TRANSIT shall provide the unit price by
				dividing the "Amount" figure provided by the bidder by the estimated
				quantity.
3. Where no figure is
				provided by the bidder in both the "Unit Price" and "Amount" columns for one or
				more contract line items or where no figure is provided in the "Amount" column
				for one or more "Lump Sum" contract line items, the amount bid shall be
				considered zero and the work included in that line item shall be considered
				included in the total contract price.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 2 - PROCEDURES FOR INVITATION FOR BID (IFB) › Section 16:72-2.16 - Initialing of price changes

Current through Register Vol. 56, No. 14, July 15, 2024
Price changes in bids shall be initialed or signed
				  electronically by the vendor in the bid submitted to NJ
				  TRANSIT.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 2 - PROCEDURES FOR INVITATION FOR BID (IFB) › Section 16:72-2.17 - Waiver of minor informalities or irregularities in bids

Current through Register Vol. 56, No. 14, July 15, 2024
NJ TRANSIT reserves the right to waive any minor
				  informalities or irregularities in a bid not in compliance with the
				  specifications, terms, and conditions of the Invitation for
				  Bids.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 2 - PROCEDURES FOR INVITATION FOR BID (IFB) › Section 16:72-2.18 - Tie bids

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event that the correct total
				contract prices submitted by two or more vendors are identical, NJ TRANSIT
				shall award the contract based on a relative comparison of the following
				factors:
1. Delivery advantage, considering
				time, distance, convenience, and facilities of vendor; and
2. History of vendor's performance.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 2 - PROCEDURES FOR INVITATION FOR BID (IFB) › Section 16:72-2.19 - Bid errors

Current through Register Vol. 56, No. 14, July 15, 2024
(a) While bidders normally shall be expected
				to be bound by their bids, circumstances exist where correction or withdrawal
				of bids is permitted.
1. A bidder shall not
				be permitted to correct a bid mistake after bid opening that would cause the
				bidder to have the low bid, unless the mistake is clearly evident from
				examining the bid document, for example, clerical errors in
				extensions.
2. In lieu of bid
				correction, NJ TRANSIT may permit a low bidder alleging a material mistake of
				fact to withdraw its bid when there is reasonable proof that a mistake was made
				and the intended bid cannot be ascertained with reasonable certainty. Such
				bidder shall not be permitted to withdraw its bid for mistakes or errors in
				judgment.
3. Correction of bid
				mistakes after bid award shall be subject to the same proof as corrections
				before award and after bid opening, with the further requirement that no
				correction shall be permitted that would cause the contract price to exceed the
				next low bid.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 2 - PROCEDURES FOR INVITATION FOR BID (IFB) › Section 16:72-2.20 - Award

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Unless all bids are rejected, award shall
				be made by NJ TRANSIT within the time for acceptance specified in the bid or
				extension thereof, to the lowest responsible bidder for contracts for the
				construction or improvement of capital facilities. This provision shall not
				apply to any design-build project, including design, build or design, build,
				maintain and operate, or design, build, maintain, operate, and finance
				projects, or affect NJ TRANSIT's Disadvantaged Business Enterprise or Small
				Business Enterprise programs or limit NJ TRANSIT's right to extend, add, or
				resume work on any project.
(b)
				Unless all bids are rejected, award shall be made by NJ TRANSIT within the time
				for acceptance specified in the bid, or extension thereof, to that responsible
				bidder whose bid, conforming to the Invitation for Bids, will be most
				advantageous to NJ TRANSIT, price and other factors considered, for contracts
				other than contracts for the construction or improvement of capital facilities
				to which (a) above applies.
(c) NJ
				TRANSIT may request extensions of time for acceptance and award of
				bids.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 2 - PROCEDURES FOR INVITATION FOR BID (IFB) › Section 16:72-2.21 - Procedures and forms

Current through Register Vol. 56, No. 14, July 15, 2024
NJ TRANSIT shall develop such procedures, forms and
				  directives as may be necessary to carry out these regulations.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 3 - REQUESTS FOR PROPOSALS (RFPs) › Section 16:72-3.1 - Solicitation of proposals

Current through Register Vol. 56, No. 14, July 15, 2024
Proposals for goods and services shall be solicited in a
				  manner that maximizes the opportunity for competition, unless otherwise
				  provided in
				  N.J.A.C.
				  16:72-1.5(c).
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 3 - REQUESTS FOR PROPOSALS (RFPs) › Section 16:72-3.2 - Form of proposal

Current through Register Vol. 56, No. 14, July 15, 2024
Proposals shall be delivered to NJ TRANSIT in accordance
				  with the RFP instructions.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 3 - REQUESTS FOR PROPOSALS (RFPs) › Section 16:72-3.3 - Amendment of request for proposals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If after
				issuance of a request for proposals (RFP), but before the time of receipt, it
				becomes necessary to make changes in scope, delivery deadline, closing dates,
				or any other part of the RFP, or to correct a defective or ambiguous RFP, such
				changes shall be accomplished by issuance of an amendment of the RFP. The
				amendment shall be made available online or sent to everyone to whom NJ TRANSIT
				has furnished the RFP.
(b) Any
				information given to a prospective proposer concerning an RFP shall be
				furnished promptly to all other prospective proposers as an amendment to the
				RFP or made available online or sent to everyone to whom NJ TRANSIT has
				furnished the RFP.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 3 - REQUESTS FOR PROPOSALS (RFPs) › Section 16:72-3.4 - Cancellation of requests before opening

Current through Register Vol. 56, No. 14, July 15, 2024
Requests for proposals (RFPs) should not be cancelled, unless
				  cancellation is in NJ TRANSIT's best interest. Where an RFP is cancelled,
				  proposals that have been received shall be returned unopened to the proposers
				  and a notice of cancellation shall be sent to all prospective proposers to whom
				  RFPs were furnished by NJ TRANSIT or be made available online. The notice of
				  cancellation shall identify the RFP and briefly explain the reason the RFP is
				  being cancelled.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 3 - REQUESTS FOR PROPOSALS (RFPs) › Section 16:72-3.5 - Receipt and safeguarding of proposals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All proposals
				received prior to the time of opening shall be kept secure, and except as
				provided in (b) below, unopened. If an RFP is cancelled, or if a proposer
				effectively withdraws its proposal, all proposals, or the withdrawn proposal,
				as the case may be, shall be returned to the proposers.
(b) Unidentified proposals may be opened
				solely for the purpose of identification and then immediately resealed. A
				record of this event shall be kept in the RFP file.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 3 - REQUESTS FOR PROPOSALS (RFPs) › Section 16:72-3.6 - Late proposals

Current through Register Vol. 56, No. 14, July 15, 2024
Proposals not received prior to or at the time designated
				  for formal receipt shall not be considered. Late proposals shall be returned to
				  the proposer unopened.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 3 - REQUESTS FOR PROPOSALS (RFPs) › Section 16:72-3.7 - Evaluation of proposals

Current through Register Vol. 56, No. 14, July 15, 2024
Proposals shall be opened, evaluated and ranked consistent
				  with State and/or Federal law. General evaluation criteria established by NJ
				  TRANSIT shall be outlined in the RFP.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 3 - REQUESTS FOR PROPOSALS (RFPs) › Section 16:72-3.8 - Negotiations

Current through Register Vol. 56, No. 14, July 15, 2024
Negotiations may be conducted with proposers whose proposals
				  are considered to be competitive in accordance with State and Federal
				  law.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 3 - REQUESTS FOR PROPOSALS (RFPs) › Section 16:72-3.9 - Rejection of all proposals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Requests for
				proposals may be cancelled after opening but prior to award and all proposals
				rejected, where NJ TRANSIT determines in writing that:
1. Inadequate or ambiguous specifications
				were given in the RFP;
2. The
				services being purchased are no longer required;
3. The RFP did not provide for consideration
				of all factors of cost to NJ TRANSIT.
4. All otherwise acceptable proposals
				received were at unreasonable prices;
5. Proposals were not independently arrived
				at in open competition, were collusive, or were submitted in bad faith;
				or
6. For other reasons,
				cancellation is in the best interest of NJ TRANSIT.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 3 - REQUESTS FOR PROPOSALS (RFPs) › Section 16:72-3.10 - Rejection of individual proposals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any proposal
				that fails to meet a mandatory material requirement of the RFP shall be deemed
				non-responsive.
(b) Any proposal
				received from a firm determined to be not responsible shall be removed from
				consideration for award.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 3 - REQUESTS FOR PROPOSALS (RFPs) › Section 16:72-3.11 - Debriefing

Current through Register Vol. 56, No. 14, July 15, 2024
Upon written request, unsuccessful offerors shall be
				  informed in general terms, through a debriefing, only of reasons for
				  non-acceptance of their proposals without disclosing other offerors'
				  proprietary data.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 3 - REQUESTS FOR PROPOSALS (RFPs) › Section 16:72-3.12 - Award

Current through Register Vol. 56, No. 14, July 15, 2024
Unless all proposals are rejected, award shall be made to
				  that responsible proposer whose proposal, conforming to the request for
				  proposals, is the most advantageous to the State, price and other factors
				  considered, and/or provides the best value pursuant to the governing law
				  applicable to the RFP.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 3 - REQUESTS FOR PROPOSALS (RFPs) › Section 16:72-3.13 - Procedures and forms

Current through Register Vol. 56, No. 14, July 15, 2024
NJ TRANSIT shall develop such procedures, forms and
				  directives as may be necessary to carry out these regulations.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 4 - DESIGN-BUILD PROJECTS › Section 16:72-4.1 - Solicitation of design-build projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				solicitation of design-build projects may be by the issuance of an Invitation
				for Bid or a request for proposal, depending on the requirements of the
				specific project.
(b) As part of
				the solicitation for design-build projects, NJ TRANSIT may prescribe:
1. In the solicitation documents, essential
				project requirements in performance terms;
2. Criteria by which proposals will be
				evaluated by NJ TRANSIT;
3. The
				process that leads to contract award for design and construction services and,
				where applicable, maintenance and operation and finance of a project based on a
				firm schedule required by NJ TRANSIT; and
4. That members of a design-build team
				presented by the firm selected for award may be modified or substituted after
				the evaluation procedure is completed, but new or substituted members must be
				submitted to NJ TRANSIT prior to the execution of the contract, with supporting
				information as required by NJ TRANSIT. A prospective contractor will not be
				permitted to execute the contract with NJ TRANSIT until NJ TRANSIT deems the
				new or substituted member qualified. No modifications or substitutions to the
				design-build team will be permitted beyond execution of the contract for work
				and completion of design, except for exigent circumstances beyond the control
				of the contractor within the discretion of NJ TRANSIT.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 4 - DESIGN-BUILD PROJECTS › Section 16:72-4.2 - Evaluation for design-build projects

Current through Register Vol. 56, No. 14, July 15, 2024
(a) NJ TRANSIT may
				solicit bids/proposals for design-build projects and set forth the selection
				criteria in the solicitation documents, which may include either a one-step or
				two-step evaluation process depending on the size and complexity of the
				project.
(b) A one-step process for
				procuring a particular design-build project will solicit separate qualification
				and pricing packages and can be awarded, as described in the solicitation,
				based on either:
1. An award to the lowest
				priced proposal from a firm meeting the technical qualification requirements of
				the solicitation; or
2. An award to
				that firm whose proposal represents the best value, as determined based on a
				predetermined combination of technical merit and price elements, which may
				include price, schedule, and technical approach.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 5 - DEBARMENT, SUSPENSION, AND DISQUALIFICATION OF PERSONS › Section 16:72-5.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to set forth the procedures
				  that apply to debarment, suspension, and disqualification of a person or
				  persons from public contracting with NJ TRANSIT. Hearings arising as a result
				  of this subchapter are contested cases subject to the requirements of the
				  Administrative Procedure Act,
				  N.J.S.A.
				  52:14B-1et seq., and 52:14F-1 et seq., and
				  the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 5 - DEBARMENT, SUSPENSION, AND DISQUALIFICATION OF PERSONS › Section 16:72-5.3 - Conditions affecting the debarment of a person(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following conditions shall apply
				concerning debarment:
1. Debarment shall be
				made only upon approval of the Executive Director, or his or her designee,
				except as otherwise provided by law.
2. The existence of any of the causes set
				forth in N.J.A.C. 16:72-5.2shall not necessarily require that a person be
				debarred. In each instance, the decision to debar shall be made within the
				discretion of the Executive Director, unless otherwise required by law, and
				shall be rendered in the best interest of NJ TRANSIT.
3. All mitigating factors shall be considered
				in determining the seriousness of the offense, failure or inadequacy of
				performance and in deciding whether debarment is warranted.
4. The existence of a cause set forth in
				N.J.A.C. 16:72-5.2(a)1 through 8 shall be established upon the rendering of a
				final judgment or conviction, including a guilty plea or a plea of nolo
				contendere by a court of competent jurisdiction or by an administrative agency
				empowered to render such judgment. In the event an appeal taken from such
				judgment or conviction results in reversal thereof, the debarment shall be
				removed upon the request of the debarred person unless other cause for
				debarment exists.
5. The existence
				of a cause set forth in N.J.A.C. 16:72-5.2(a)9 through 18 shall be established
				by evidence that NJ TRANSIT determines to be clear and convincing in
				nature.
6. Debarment for the cause
				set forth in N.J.A.C. 16:72-5.2(a)13shall be proper, provided that one of the
				causes set forth in N.J.A.C. 16:72-5.2(a)1 through 18 was the basis for
				debarment by the original debarring agency. Such debarment may be based
				entirely on the record of facts obtained by the original debarring agency, or
				upon a combination of such facts and additional facts.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 5 - DEBARMENT, SUSPENSION, AND DISQUALIFICATION OF PERSONS › Section 16:72-5.4 - Procedures, period of debarment, and scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The procedures, the period of debarment,
				and the scope of debarment to be followed by NJ TRANSIT are explained below:
1. NJ TRANSIT, when seeking to debar a person
				or his or her affiliates, shall furnish such party with a written notice
				stating that debarment is being considered, setting forth the reasons for the
				proposed debarment, and indicating that such party will be afforded an
				opportunity for a hearing if the person requests one within a stated period of
				time. All such hearings shall be conducted in accordance with the provisions of
				the Administrative Procedure Act. However, where another department or agency
				has imposed debarment upon a party, NJ TRANSIT may also impose a similar
				debarment without affording an opportunity for a hearing, provided that NJ
				TRANSIT furnishes notice of the proposed similar debarment to that party, and
				affords that party an opportunity to present information in its behalf to
				explain why the proposed similar debarment should not be imposed in whole or in
				part.
2. Debarment shall be for a
				reasonable, definitely stated period of time, which as a general rule shall not
				exceed five years. Debarment for an additional period shall be permitted
				provided that notice thereof is furnished and the party is afforded an
				opportunity to present information in its behalf to explain why the additional
				period of debarment should not be imposed.
3. Except as otherwise provided by law, a
				debarment may be removed or the period thereof may be reduced in the discretion
				of NJ TRANSIT upon the submission of a good faith application under oath,
				supported by documentary evidence, setting forth substantial and appropriate
				grounds for the granting of relief, such as newly discovered material evidence,
				reversal of a conviction or judgment, actual change of ownership, management or
				control, or the elimination of the causes for which the debarment was
				imposed.
4. A debarment may include
				all known affiliates of a person, provided that each decision to include an
				affiliate is made on a case-by-case basis after giving due regard to all
				relevant facts and circumstances. The offense, failure, or inadequacy of
				performance of an individual may be imputed to a person with whom he or she is
				affiliated, where such conduct was accomplished within the course of his or her
				official duty or was affected by him or her with the knowledge or approval of
				such person.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 5 - DEBARMENT, SUSPENSION, AND DISQUALIFICATION OF PERSONS › Section 16:72-5.5 - Causes for suspension of a person(s)

Current through Register Vol. 56, No. 14, July 15, 2024
In the public interest, NJ TRANSIT shall suspend a person for
				  any cause specified in N.J.A.C. 16:72-5.2 or upon adequate evidence that such
				  cause exists.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 5 - DEBARMENT, SUSPENSION, AND DISQUALIFICATION OF PERSONS › Section 16:72-5.6 - Conditions for suspension of a person(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The following conditions concerning
				suspension are to be adhered to:
1.
				Suspension shall be imposed only upon approval of the Executive Director and
				upon approval of the Attorney General, except as otherwise provided by
				law.
2. The existence of any cause
				for suspension shall not require that a suspension be imposed, and a decision
				to suspend shall be made at the discretion of the Executive Director and of the
				Attorney General, and shall be rendered in the best interest of NJ
				TRANSIT.
3. Suspension shall not be
				based upon unsupported accusation, but upon adequate evidence that cause
				exists.
4. In assessing whether
				adequate evidence exists, consideration shall be given to the amount of
				credible evidence which is available, to the existence or absence of
				corroboration as to important allegations, and to inferences which may properly
				be drawn from the existence or absence of affirmative facts.
5. Reasonable suspicion of the existence of a
				cause described in N.J.A.C. 16:72-5.2(a)1 through 8 may be established by the
				rendering of a final judgment or conviction by a court or administrative agency
				of competent jurisdiction, by grand jury indictment, or by evidence that such
				violations of civil or criminal law did in fact occur.
6. A suspension invoked by another agency for
				any of the causes described in N.J.A.C. 16:72-5.2may be the basis for the
				imposition of a concurrent suspension by NJ TRANSIT, which may impose such
				suspension without the approval of the Attorney General.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 5 - DEBARMENT, SUSPENSION, AND DISQUALIFICATION OF PERSONS › Section 16:72-5.7 - Procedures, period of suspension, and scope of suspension affecting the suspension of a person(s)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				following provisions regarding procedures, period of suspension, and scope of
				suspension shall be adhered to by NJ TRANSIT.
1. NJ TRANSIT may suspend a person or his or
				her affiliates, provided that within 10 days after the effective date of the
				suspension, NJ TRANSIT provides such party with a written notice stating that a
				suspension has been imposed and its effective date; setting forth the reasons
				for the suspension to the extent that the Attorney General determines that such
				reasons may be properly disclosed; stating that the suspension is for a
				temporary period pending the completion of an investigation and such legal
				proceedings as may ensue; and indicating that, if such legal proceedings are
				not commenced or the suspension removed within 60 days of the date of such
				notice, the party will be given either a statement of the reasons for the
				suspension and an opportunity for an informal hearing if the person requests,
				or a statement declining to give such reasons and setting forth NJ TRANSIT's
				position regarding the continuation of the suspension. Where a suspension by
				another agency has been the basis for suspension by NJ TRANSIT, the latter
				shall note that fact as a reason for its suspension.
2. A suspension shall not continue beyond 18
				months from its effective date unless civil or criminal action regarding the
				alleged violation shall have been initiated within that period, or unless
				debarment action has been commenced. Whenever prosecution of debarment action
				has been initiated, the suspension may continue until the legal proceedings are
				completed.
3. A suspension may
				include all known affiliates of a person, provided that each decision to
				include an affiliate is made on a case-by-case basis after giving due regard to
				all relevant facts and circumstances. The offense, failure, or inadequacy of
				performance of an individual may be imputed to a person with whom he or she is
				affiliated, where such conduct was accomplished within the course of his or her
				official duty or was effectuated by him or her with the knowledge or approval
				of such person.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 5 - DEBARMENT, SUSPENSION, AND DISQUALIFICATION OF PERSONS › Section 16:72-5.8 - Disqualification of a person(s)

Current through Register Vol. 56, No. 14, July 15, 2024
The disqualification of a person shall conform to
				  N.J.S.A.
				  27:25-1et seq., and this
				  chapter.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 5 - DEBARMENT, SUSPENSION, AND DISQUALIFICATION OF PERSONS › Section 16:72-5.9 - Extent of debarment, suspension, or disqualification

Current through Register Vol. 56, No. 14, July 15, 2024
The exclusion from NJ TRANSIT contracting by virtue of
				  debarment, suspension, or disqualification shall extend to all contracting and
				  subcontracting within the control or jurisdiction of NJ TRANSIT, including any
				  contracts that utilize State funds. When it is determined by the Executive
				  Director to be essential to the public interest, an exception from total
				  exclusion may be made with respect to a particular NJ TRANSIT contract. A copy
				  of said exception shall be filed with the Attorney General.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 5 - DEBARMENT, SUSPENSION, AND DISQUALIFICATION OF PERSONS › Section 16:72-5.10 - Prior notice by NJ TRANSIT

Current through Register Vol. 56, No. 14, July 15, 2024
Insofar as practicable, prior notice of any proposed
				  debarment or suspension shall be given to the Attorney General and the State
				  Treasurer.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 5 - DEBARMENT, SUSPENSION, AND DISQUALIFICATION OF PERSONS › Section 16:72-5.11 - List of debarred, suspended, or disqualified persons

Current through Register Vol. 56, No. 14, July 15, 2024
NJ TRANSIT shall supply to the State Treasurer a list of all
				  persons having been debarred, suspended, or disqualified in accordance with the
				  procedures prescribed herein. Such list shall at all times be available for
				  public inspection.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 5 - DEBARMENT, SUSPENSION, AND DISQUALIFICATION OF PERSONS › Section 16:72-5.12 - Discretion

Current through Register Vol. 56, No. 14, July 15, 2024
Nothing contained herein shall be construed to limit the
				  authority of NJ TRANSIT to refrain from contracting within the discretion
				  allowed by law.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 6 - COMPLAINTS › Section 16:72-6.1 - Purpose and scope

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this subchapter is to set forth the procedure
				  for NJ TRANSIT contract users to file complaints related to contracts arising
				  as a result of procurements conducted under the provisions of
				  N.J.S.A.
				  27:25-11et seq. If this complaint process is
				  not used, NJ TRANSIT does not waive any of its rights or remedies available at
				  law or in equity.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 6 - COMPLAINTS › Section 16:72-6.2 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
The provisions of this subchapter deal specifically with
				  means of assuring prompt action in cases where an NJ TRANSIT employee, by
				  filing a formal complaint, claims that an NJ TRANSIT contractor's performance
				  fails to meet contract requirements, and by establishing a record that
				  documents a contractor's poor performance in cases where a contractor's
				  performance fails to meet contract requirements. NJ TRANSIT may refrain from
				  doing business with any contractor for repeated or excessive breaches of NJ
				  TRANSIT contract terms, including, as necessary, to protect NJ TRANSIT's best
				  interests. NJ TRANSIT may also use a record of contractor poor performance to
				  bypass that contractor as low bidder on an Invitation for Bid or as an
				  evaluation factor in a request for proposal solicitation.
New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 72 - NEW JERSEY TRANSIT PROCUREMENT POLICIES AND PROCEDURES › Subchapter 6 - COMPLAINTS › Section 16:72-6.3 - Filing of complaints; subject matter

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A complaint shall be in writing.
				Complaints are not required where a contract contains specific performance
				standards including, but not limited to, liquidated damages. Alleged breaches
				of contract provisions that may be reported include, but are not limited to:
1. Failure by the contractor to deliver goods
				or services at the time and place or in the manner, quantity, or quality
				specified;
2. Demand for prices
				other than those specified in the contract;
3. Delivery of unauthorized substitutes or
				ungraded material where grading is required;
4. Sale of goods that are not authorized by
				the contract;
5. Failure to install
				goods or improper installation;
6.
				Any other failure to comply with contract specifications or failure to achieve
				a satisfactory rating for the service provided under the contract if quality
				assurance surveys are performed;
7.
				A conflict of interest; and
8.
				Failure to comply with any relevant legal or contractual requirement.