reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 36 - PROCUREMENT OF DESIGN BUILD CONTRACTS › Subchapter 1 - GENERAL PROVISIONS › Section 19:36-1.3 - Disclosure and publicity

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any and all
				  submissions made in response to any RFQ and any RFP are subject to the
				  provisions of the Open Public Records Act,
				  P.L.
				  2001, c. 404,
				  47:1A-1 et seq., and the
				  exceptions from disclosure provided therein.
(b) The design-builder shall notify the
				  Authority prior to the issuance of press releases and other public
				  dissemination of information concerning a school facilities project, and such
				  shall acknowledge Authority financing and assistance in the undertaking of the
				  school facilities project.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 36 - PROCUREMENT OF DESIGN BUILD CONTRACTS › Subchapter 1 - GENERAL PROVISIONS › Section 19:36-1.4 - Access and record retention

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  design-builder shall make available records and accounts pertaining to school
				  facilities projects to the State Comptroller and the State Auditor in their
				  investigations, examinations and inspections of the activities related to the
				  financing and undertaking of school facilities projects. The design-builder
				  shall also cooperate, upon request, in sharing information with other State or
				  Federal entities.
(b) The
				  design-builder, shall be responsible to keep and maintain all of those records
				  and accounts, including records and accounts of subcontractors and
				  subconsultants, for school facilities project activities as necessary in order
				  to evidence compliance with the Act and all applicable regulations and
				  contractual requirements. Such records shall be retained by the design-builder
				  for 10 years following substantial completion of a school facilities project,
				  and any additional period required for the resolution of litigation, claims, or
				  audit findings. Thereafter, those records shall be transferred to the
				  Authority, unless the Authority, in its sole discretion, requests an earlier
				  transfer of such records from the design-builder to the Authority or another
				  designated entity. At any time, upon request of the Authority, the
				  design-builder shall make records relating to the design-build project
				  available to the Authority, within four business days of the request for
				  documents, at no cost to the Authority.
(c) In the event that any litigation, claim,
				  audit, or request pursuant to the Open Public Records Act,
				  47:1A-1 et seq., relating to the
				  procurement or the performance of work under the design-build contract is
				  commenced prior to expiration or termination of the design-build contract, all
				  records relating to the procurement and the contract shall be retained until
				  all litigation, claims, audit findings, document requests, and related appeals,
				  if any, have been resolved with finality.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 36 - PROCUREMENT OF DESIGN BUILD CONTRACTS › Subchapter 1 - GENERAL PROVISIONS › Section 19:36-1.5 - Fraudulent statements

Current through Register Vol. 56, No. 14, July 15, 2024
Any firm or individual who makes, or causes to be made, a
					 false, deceptive, or fraudulent statement in its submittal in response to the
					 RFQ or RFP or in the course of any hearing, litigation, mediation, or other
					 proceeding may be disqualified from bidding, suspended, and/or debarred, and
					 may be subject to prosecution pursuant to applicable law.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 36 - PROCUREMENT OF DESIGN BUILD CONTRACTS › Subchapter 2 - TECHNICAL EVALUATION COMMITTEE › Section 19:36-2.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter establishes the technical evaluation
					 committee and outlines its responsibilities for the evaluation and scoring of
					 the qualifications of bidders that have submitted responses to an RFQ, and the
					 evaluation and scoring of the technical proposals of bidders that have
					 submitted proposals in response to an RFP.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 36 - PROCUREMENT OF DESIGN BUILD CONTRACTS › Subchapter 2 - TECHNICAL EVALUATION COMMITTEE › Section 19:36-2.2 - Composition and responsibilities of technical evaluation committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the
				  design and construction of a school facilities project will be undertaken
				  pursuant to this chapter, the Authority will designate a technical evaluation
				  committee to review and evaluate responses by bidders to an RFQ and RFP, and
				  will designate a selection coordinator to administer the selection process. The
				  members of the technical evaluation committee shall consist of a majority of
				  Authority representatives and a representative of the SDA school district in
				  which the school facilities project is located, if such district elects to
				  participate. Each member of the technical evaluation committee shall have the
				  relevant experience as set forth in
				  52:34-10.3(c),
				  necessary to evaluate the submissions.
(b) Each member of the technical evaluation
				  committee shall be responsible for:
1.
				  Independently evaluating and scoring the statements of qualifications submitted
				  by bidders in response to an RFQ; and
2. Evaluating and scoring, in consultation
				  with the other members of the technical evaluation committee, the technical
				  proposals submitted by bidders in accordance with the weighted criteria process
				  set forth in an RFP.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 36 - PROCUREMENT OF DESIGN BUILD CONTRACTS › Subchapter 3 - PROFESSIONAL CONSULTANT SERVICES › Section 19:36-3.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter provides for the retention by the
					 Authority of professional consultants to act in the SDA's interests during the
					 school facilities project; namely, a bridging architect to develop minimum
					 design requirements, performance specifications and other project requirements
					 and a construction manager to provide management and technical support during
					 the school facilities project.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 36 - PROCUREMENT OF DESIGN BUILD CONTRACTS › Subchapter 3 - PROFESSIONAL CONSULTANT SERVICES › Section 19:36-3.2 - Engagement of bridging architect

Current through Register Vol. 56, No. 14, July 15, 2024
The Authority may retain a bridging architect, pursuant to
					 the provisions of N.J.A.C. 19:38C, for the duration of the school facilities
					 project, to prepare a design-build information package, review the documents
					 prepared by design-builders and provide other professional services on behalf
					 of the Authority.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 36 - PROCUREMENT OF DESIGN BUILD CONTRACTS › Subchapter 3 - PROFESSIONAL CONSULTANT SERVICES › Section 19:36-3.3 - Design-build information package

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A
				  design-build information package shall be prepared by the Authority, using a
				  design professional either on staff of the Authority and/or the bridging
				  architect.
(b) As a prerequisite to
				  the completion of the design-build information package, the schematic design
				  for the school facilities project must have been approved by the SDA school
				  district, the Authority and the Department, in accordance with the requirements
				  of N.J.A.C. 6A:26, and the Department shall have issued the preliminary project
				  report approving the school facilities project, pursuant to
				  18A:7G-5(h)(2).
(c) The design-build information package may
				  include, but need not be limited to, the following:
1. A description of the school facilities
				  project, including:
i. Building type and
				  size;
ii. Site development
				  requirements, such as, parking and site requirements and playground
				  equipment;
iii. Description of
				  physical relationships between building spaces and between buildings and other
				  site elements; and
iv. Specific
				  architectural style or concept;
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 36 - PROCUREMENT OF DESIGN BUILD CONTRACTS › Subchapter 3 - PROFESSIONAL CONSULTANT SERVICES › Section 19:36-3.4 - Engagement of construction manager

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Authority may retain a construction manager, pursuant to the provisions of
				  N.J.A.C. 19:38C, for the duration of the school facilities project.
(b) The services of the construction manager
				  may include, but need not be limited to, technical support in the area of
				  scheduling, cost estimating, document control and inspection of construction
				  during all phases of the school facilities project.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 36 - PROCUREMENT OF DESIGN BUILD CONTRACTS › Subchapter 3 - PROFESSIONAL CONSULTANT SERVICES › Section 19:36-3.5 - Conflicts of interest

Current through Register Vol. 56, No. 14, July 15, 2024
Professional consultants who assist the Authority in the
					 preparation of an RFQ or an RFP will not be permitted to participate as a
					 bidder or subconsultant to a bidder submitting a statement of qualifications in
					 response to the RFQ or a proposal in response to the RFP.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 36 - PROCUREMENT OF DESIGN BUILD CONTRACTS › Subchapter 4 - TWO PHASE SELECTION PROCESS FOR DESIGN-BUILDERS › Section 19:36-4.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter establishes the Authority's criteria and
					 procedures for the use of a two-phase design-build selection process. In the
					 first phase, the Authority initially ranks bidders based on statements of
					 qualifications and then selects a short list of bidders to receive the RFP
					 based on the ranking. In the second phase, the Authority receives the
					 submission of price and technical proposals in response to the RFP and awards
					 the design-build contract to the bidder whose proposal receives the highest
					 overall score.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 36 - PROCUREMENT OF DESIGN BUILD CONTRACTS › Subchapter 4 - TWO PHASE SELECTION PROCESS FOR DESIGN-BUILDERS › Section 19:36-4.2 - Necessity for prequalification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Only those
				  bidders holding a valid notice of prequalification, issued by the Authority, in
				  accordance with the procedures in N.J.A.C. 19:38A, in such trade(s) or
				  discipline(s) as specified by the RFQ, shall be eligible to submit a statement
				  of qualifications in response to an RFQ or proposals in response to an RFP. The
				  prequalification of a bidder must be valid on the due date for the submission
				  of a statement of qualifications and on the due date for the submission of
				  technical and price proposals.
(b)
				  The Authority may establish appropriate and special prequalification
				  requirements as may be necessary in order to ensure competitive technical and
				  price proposals, or as may be dictated by the unique or specialized nature of
				  the work to be performed under the design-build contract.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 36 - PROCUREMENT OF DESIGN BUILD CONTRACTS › Subchapter 4 - TWO PHASE SELECTION PROCESS FOR DESIGN-BUILDERS › Section 19:36-4.3 - Request for qualifications

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Authority shall publicly advertise an RFQ. The RFQ shall contain the following
				  information:
1. A general description of the
				  school facilities project;
2. The
				  scope of work;
3. The minimum
				  qualification requirements for bidders, including, but not limited to, the
				  appropriate classifications and aggregate rating limits assigned by the New
				  Jersey Department of Treasury, Division of Property Management and
				  Construction;
4. A request for the
				  submission of a statement of qualifications which will describe the
				  qualifications of prospective bidders;
5. The phase one evaluation factors to be
				  used in the determination of a short list of bidders;
6. The technical evaluation factors to be
				  utilized in the second phase of the selection process;
7. A statement of the number of bidders to be
				  selected for the short list; and
8.
				  Any other requirements, as determined in the sole discretion of the
				  Authority.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 36 - PROCUREMENT OF DESIGN BUILD CONTRACTS › Subchapter 4 - TWO PHASE SELECTION PROCESS FOR DESIGN-BUILDERS › Section 19:36-4.4 - Short listing of bidders

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  technical evaluation committee shall review and evaluate the responsive
				  submissions of bidders and determine the relative ability of each such bidder
				  to perform the work under the design-build contract. The evaluation of the
				  qualifications of each bidder may include, but need not be limited to,
				  consideration of the following factors:
1.
				  Experience of the prospective bidder and proposed design-build team on projects
				  of similar size, scope, and complexity;
2. Experience of key team members on projects
				  of similar size, scope and complexity;
3. Experience of the prospective bidder and
				  proposed design-build team on design-build projects of similar size, scope, and
				  complexity;
4. Experience of the
				  key team members on design-build projects of similar size, scope and
				  complexity;
5. Experience of the
				  prospective bidder or its key team members on projects for the Authority, as
				  evidenced by performance evaluations as specified in the RFP;
6. The prior affirmative action experience of
				  the prospective bidder and the design-build team;
7. Consideration of the bidder's aggregate
				  rating from the Department of Treasury, Division of Property Management and
				  Contracts, which is affected by prior affirmative action experience;
				  and
8. Any other pertinent
				  information necessary to establish the qualifications of the prospective bidder
				  and proposed design-build team to undertake the design-build
				  contract.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 36 - PROCUREMENT OF DESIGN BUILD CONTRACTS › Subchapter 4 - TWO PHASE SELECTION PROCESS FOR DESIGN-BUILDERS › Section 19:36-4.5 - Request for proposals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Only bidders
				  that have been short listed during the RFQ process will be permitted to submit
				  a proposal in response to an RFP.
(b) The RFP shall include, without
				  limitation:
1. The design-build information
				  package;
2. Technical and price
				  proposal forms;
3. The design-build
				  contract;
4. Instructions to
				  bidders;
5. The criteria for
				  evaluation of proposals and their relative weight;
6. A description of the drawings,
				  specifications, or other submittals to be submitted with the technical
				  proposal, with guidance as to the form and level of completeness of the
				  drawings, specifications or submittals that will be acceptable;
7. Budget limits for the work;
8. Requirements for bid bonds, performance
				  bonds, payment bonds, and insurance;
9. Schedule requirements, as set forth in the
				  RFQ;
10. Amount of the stipend, if
				  any; and
11. The documents required
				  to be submitted upon the notice of award, pursuant to
				  19:36-6.1(c).
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 36 - PROCUREMENT OF DESIGN BUILD CONTRACTS › Subchapter 4 - TWO PHASE SELECTION PROCESS FOR DESIGN-BUILDERS › Section 19:36-4.6 - Selection process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Authority shall issue an RFP for the school facilities project to the bidders
				  who were short listed in the phase one RFQ process.
(b) The Authority may provide for a
				  pre-proposal conference at a designated date, time, and location at which
				  bidders that have been short listed may ask questions and seek clarification
				  concerning any of the information, data, or documents contained within the RFP.
				  Pre-proposal conferences may be mandatory or optional, as stated in the
				  RFP.
(c) The RFP shall require the
				  submission of a proposal in two separate parts: a technical proposal and a
				  price proposal. The technical and price proposals shall be evaluated
				  separately, in accordance with the evaluation factors and process set forth in
				  the RFP. The evaluation factors may include, but need not be limited to, design
				  concepts, management approach, proposed technical solutions, and the other
				  factors listed at
				  52:18A-243(d), as
				  applicable.
(d) The technical
				  proposal shall include preliminary design drawings, outline specifications,
				  technical reports, calculations, permit requirements, a management plan,
				  schedule and other information and/or data requested in the RFP.
(e) The price proposal shall be submitted in
				  a separate sealed envelope and shall provide a price for all design services
				  and construction work required to complete construction of the school
				  facilities project. If required by the RFP, the price shall be submitted in the
				  form of a guaranteed maximum price for all design and construction of the
				  school facilities project. The envelope containing the price proposal 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 until such time as provided in (g) below.
1. Each price proposal shall be accompanied
				  by a bid bond as specified in the RFP.
2. The Authority shall examine all documents
				  required to be submitted with the technical proposal for completeness and
				  conformity with the requirements of the RFP. If the Authority determines that a
				  technical proposal received must be rejected as non-responsive, it shall notify
				  the bidder in writing of the rejection of its proposal and the reason for the
				  rejection within 10 business days of its receipt, unless there are
				  circumstances that require additional time.
3. The submission of technical and price
				  proposals is conclusive evidence that the bidder has completely reviewed the
				  RFP and the design-build contract and fully understands and agrees to all of
				  the requirements, terms, and conditions set forth therein.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 36 - PROCUREMENT OF DESIGN BUILD CONTRACTS › Subchapter 4 - TWO PHASE SELECTION PROCESS FOR DESIGN-BUILDERS › Section 19:36-4.7 - Rejection of proposals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Proposals
				  received after the submission date and time prescribed in the advertisement and
				  RFP shall be rejected.
(b) The
				  Authority may reject any proposal for any reason, in accordance with law, when
				  it is otherwise deemed to be in the interest of the State or the public
				  interest to do so. The Authority may reject all proposals for excessive cost,
				  insufficient competition, or any other reason, in accordance with law, that it
				  determines to be in the interest of the State or the public interest.
(c) The Authority may cancel a notice of
				  award at any time before the execution of the design-build contract by the
				  Authority, if the Authority deems it advisable to do so in the interest of the
				  State or the public interest.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 36 - PROCUREMENT OF DESIGN BUILD CONTRACTS › Subchapter 5 - PAYMENT OF STIPENDS BY THE AUTHORITY › Section 19:36-5.1 - Criteria for payment of stipend

Current through Register Vol. 56, No. 14, July 15, 2024
(a) At the
				  discretion of the Authority, a stipend may be paid to eligible bidders who
				  submit responsive but unsuccessful proposals in response to the RFP. The
				  decision to do so shall be based on the Authority's analysis of the estimated
				  proposal development costs, the complexity of the school facilities project,
				  and the anticipated degree of competition during the procurement process. The
				  purpose of the stipend is to encourage competition by offering to compensate
				  responsive, but unsuccessful bidders, for a portion of the estimated proposal
				  development costs.
(b) The terms
				  and conditions for the payment of a stipend shall be included in the
				  RFP.
(c) Whether or not a stipend
				  is provided to an unsuccessful bidder, submission of a technical proposal by a
				  bidder shall indicate the bidder's agreement and consent that the work produced
				  within that bidder's technical proposal shall be provided to the Authority for
				  its use in connection with the design-build contract awarded, or in connection
				  with a subsequent procurement, without obligation to pay any additional
				  compensation to the unsuccessful bidder.
(d) Bidders submitting a response to the RFP
				  which is determined by the Authority in its sole discretion to be
				  non-responsive or irregular, pursuant to
				  19:36-4.7, will not be entitled to
				  a stipend.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 36 - PROCUREMENT OF DESIGN BUILD CONTRACTS › Subchapter 6 - CONTRACTS › Section 19:36-6.1 - Contract approval and execution

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Except as
				  may otherwise be specifically provided in this chapter, the engagement of a
				  design-builder shall be subject to approval by the Board of the Authority and
				  may only be executed in accordance with Authority procedures.
(b) Prior to the execution of a design-build
				  contract, the bidder that was provided a notice of award shall exist in the
				  legal status in which it will perform its responsibilities pursuant to the
				  design-build contract.
(c) The
				  Authority will send the successful design-builder a notice of award letter. The
				  notice of award letter shall contain a list of the additional documents
				  required to be submitted by the design-builder with the executed contract. The
				  notice of award will specify the time within which the executed contract and
				  required documents must be returned.
(d) Each payment and each performance bond
				  must be in an amount at least equal to the total contract price.
1. All bonds shall comply with the
				  requirements of this chapter and relevant State statutes. All bonds submitted
				  by the design-builder shall be issued only in accordance with
				  2A:44-143 through 147 to the
				  design-builder and shall indicate aggregate bonding limits.
2. Bonds shall be issued only by companies
				  authorized to transact business in the State of New Jersey.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 36 - PROCUREMENT OF DESIGN BUILD CONTRACTS › Subchapter 7 - PROTESTS › Section 19:36-7.1 - Scope and purpose

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This
				  subchapter sets forth the procedures that govern protests and administrative
				  hearings regarding design-build procurements, including protests challenging
				  the form of the RFQ or the RFP, the ranking of bidders during the RFQ phase,
				  and the scoring of technical proposals of bidders.
(b) For purposes of this subchapter, protests
				  of the type described are not contested cases subject to the requirements of
				  the Administrative Procedure Act,
				  52:14B-1 et seq.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 36 - PROCUREMENT OF DESIGN BUILD CONTRACTS › Subchapter 8 - ROLES AND GENERAL REQUIREMENTS FOR DESIGN-BUILDERS › Section 19:36-8.1 - Design and construction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  design-builder shall employ or contract with the architect of record and shall
				  be responsible for the technical integrity of final project design,
				  constructability, extensions of the design, and operability and
				  maintainability, pursuant to the design-build information package and/or in the
				  design-build contract.
(b) The role
				  of the design-builder may include, but need not be limited to, the management
				  and control of quality, cost and the integrated schedule for design, permit
				  applications, material and equipment acquisition, construction, training for
				  operation and maintenance, inspection and close out of the school facilities
				  project.
(c) The Authority's review
				  and acceptance of interim design submissions and/or construction documents is
				  for the purpose of mutually establishing a conformed set of contract documents
				  compatible with the requirements of the work. Neither the Authority's nor the
				  construction manager's review and acceptance of interim design submissions or
				  construction documents shall be deemed to transfer design liability from the
				  design-builder to the Authority.
(d) Once the plans and specifications are
				  complete, and have been accepted by the Authority, the design-builder shall
				  submit the completed plans and specifications for the school facilities project
				  to the Department for approval of final educational adequacy, pursuant to
				  6A:26-5.4. Upon the approval of
				  the plans and specifications by the Commissioner, the design-builder shall
				  submit them to the DCA for review and approval in accordance with
				  5:23-4.2 4.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 36 - PROCUREMENT OF DESIGN BUILD CONTRACTS › Subchapter 8 - ROLES AND GENERAL REQUIREMENTS FOR DESIGN-BUILDERS › Section 19:36-8.2 - Costs in excess of guaranteed maximum price

Current through Register Vol. 56, No. 14, July 15, 2024
If a design-build contract is procured as a GMP contract,
					 the design-builder shall be responsible for cost overruns in excess of the GMP,
					 as properly adjusted, pursuant to the terms of the design-build contract. If
					 the design-builder's cost of work and fee are less than the GMP as properly
					 adjusted, the cost savings shall accrue to the Authority, but may be shared by
					 the design-builder and the Authority in accordance with the terms of the
					 design-build contract.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 36 - PROCUREMENT OF DESIGN BUILD CONTRACTS › Subchapter 8 - ROLES AND GENERAL REQUIREMENTS FOR DESIGN-BUILDERS › Section 19:36-8.3 - Deletion or substitution of key team members

Current through Register Vol. 56, No. 14, July 15, 2024
(a) No
				  substitutions or deletions of key team members may be made during the selection
				  process or after award of the contract, without prior written approval from the
				  Authority.
(b) Unauthorized changes
				  to a bidder's key team members who were specifically identified in the response
				  to the RFP at any time during the selection process may result in the
				  elimination of the bidder from further consideration.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 36 - PROCUREMENT OF DESIGN BUILD CONTRACTS › Subchapter 9 - PERFORMANCE EVALUATIONS › Section 19:36-9.1 - Applicability and effect

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				  Notwithstanding any provisions of N.J.A.C. 19:38 to the contrary, the following
				  provisions will apply to the process and consideration of performance
				  evaluations for contracts procured under this chapter.
1. Every design-builder awarded a design
				  build contract procured pursuant to this chapter will be subject to evaluation
				  in accordance with
				  18A:7G-36. The performance
				  evaluation will consider the design-builder's performance as a contractor in
				  the following categories: quality of work; scheduling; management; cost control
				  and change orders; safety and industrial hygiene; small business goals; and
				  close-out.
2. The design-builder's
				  performance will be evaluated periodically during the progress of the project.
				  The evaluation will be performed by a reviewer with direct involvement in the
				  management or supervision for the project.
3. The design-builder's performance
				  evaluations will be used by the Authority in evaluating and scoring bidders as
				  to their prior experience on Authority projects, in accordance with the
				  provisions of this chapter, N.J.A.C. 19:38, or 19:38B.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 36 - PROCUREMENT OF DESIGN BUILD CONTRACTS › Subchapter 9 - PERFORMANCE EVALUATIONS › Section 19:36-9.2 - Evaluation rating values

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				  Notwithstanding any provisions of N.J.A.C. 19:38 to the contrary,
				  design-builders shall be evaluated on their construction performance with
				  respect to the various evaluation categories using the following evaluation
				  ratings:
1. Outstanding (O) or 100
				  percent--far exceeds the contract requirements by consistently exhibiting
				  excellent performance. Always meets, and almost always exceeds the contract
				  requirements;
2. Very Good (VG) or
				  90 percent--often exceeds the contract requirements and frequently provides a
				  high level of performance. Typically meets and often exceeds the contract
				  requirements;
3. Satisfactory (S)
				  or 80 percent--provides an acceptable level of performance consistently meeting
				  the contract requirements;
4.
				  Marginal (M) or 70 percent--performs slightly below the requirements of the
				  contract, meeting the contract requirements on an intermittent basis;
				  and
5. Unsatisfactory (U) or 60
				  percent--fails to meet important contract requirements, resulting in a negative
				  impact on the entire project.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 36 - PROCUREMENT OF DESIGN BUILD CONTRACTS › Subchapter 9 - PERFORMANCE EVALUATIONS › Section 19:36-9.3 - Consideration of performance evaluations

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For
				  contracts procured pursuant to the provisions of N.J.A.C. 19:38, performance
				  evaluations shall be considered in accordance with that chapter.
(b) For contracts procured pursuant to this
				  chapter or N.J.A.C. 19:38B, the process for evaluating a firm's prior
				  performance on Authority projects in a selection process shall be specified in
				  the RFP. Such process shall consist of:
1. A
				  mathematical tabulation and averaging of the scores of all prior performance
				  evaluations within a relevant time period;
2. Consideration of particularly favorable or
				  unfavorable evaluations individually and with reference to other
				  evaluations;
3. Consideration of
				  multiple evaluations over the course of a given project, to show consistency of
				  performance, deterioration of performance or efforts at improvement and
				  recovery; or
4. A combination of
				  the above methodologies.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38 - PROCEDURES FOR LOW-BID PROCUREMENT OF CONSTRUCTION CONTRACTS FOR SCHOOL FACILITIES PROJECTS › Subchapter 1 - GENERAL PROVISIONS › Section 19:38-1.1 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter applies to all construction contracts with
					 the New Jersey Schools Development Authority, except for design-build
					 contracts. "Design-build contract" means a written contract, entered into
					 between a contractor and the Authority, which provides both for construction
					 services and for the performance of architectural services by an architect
					 retained by the contractor pursuant to a separate written contract.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38 - PROCEDURES FOR LOW-BID PROCUREMENT OF CONSTRUCTION CONTRACTS FOR SCHOOL FACILITIES PROJECTS › Subchapter 2 - NECESSITY FOR PREQUALIFICATION › Section 19:38-2.1 - Necessity for Prequalification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Only those
				  firms holding a valid Notice of Prequalification issued by the Authority in
				  accordance with the procedures in N.J.A.C. 19:38A shall be eligible to bid for
				  work on a school facilities package. A firm's prequalification must be valid on
				  the due date for the submission of the Project Rating Proposal and on the due
				  date for the submission of the Price Proposal.
(b) The Authority may establish appropriate
				  and special prequalification requirements as may be necessary in order to
				  ensure competitive bidding on any and all school facilities projects or as may
				  be dictated by the unique or specialized nature of the work to be
				  performed.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38 - PROCEDURES FOR LOW-BID PROCUREMENT OF CONSTRUCTION CONTRACTS FOR SCHOOL FACILITIES PROJECTS › Subchapter 3 - REQUIREMENTS FOR BIDDING › Section 19:38-3.1 - Contents of the bid

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A bid
				  consists of two separate proposals:
1. The
				  first proposal is the Project Rating Proposal, which consists of information
				  regarding the "other factors" as defined in the Act which will be evaluated by
				  the Authority. The Authority will determine a firm's Project Rating based on
				  this Proposal. A firm may not submit a Project Rating Proposal prior to the
				  effective date of the firm's prequalification. If, in the prior 24-month
				  period, a firm has been assigned a Project Rating, the firm may so indicate on
				  the signed Project Rating Proposal submitted for each project and may request
				  that the Authority apply the prior Project Rating to the current bid, provided
				  that the firm certifies that there has been no change regarding safety,
				  prevailing wage record, or its Authority Project Evaluation Record, since the
				  prior Project Rating was assigned.
2. The second proposal is the Price Proposal
				  which shall contain the price the firm bids for the work as well as other
				  information and documents, as required by the contract documents. A firm may
				  not submit a Price Proposal if it has not been assigned a Project
				  Rating.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38 - PROCEDURES FOR LOW-BID PROCUREMENT OF CONSTRUCTION CONTRACTS FOR SCHOOL FACILITIES PROJECTS › Subchapter 3 - REQUIREMENTS FOR BIDDING › Section 19:38-3.2 - Fraudulent statements

Current through Register Vol. 56, No. 14, July 15, 2024
Any firm or individual who makes, or causes to be made, a
					 false, deceptive or fraudulent statement in its bid or in the course of any
					 hearing under this chapter may be disqualified from bidding, suspended and/or
					 debarred and may be subject to prosecution pursuant to applicable law.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38 - PROCEDURES FOR LOW-BID PROCUREMENT OF CONSTRUCTION CONTRACTS FOR SCHOOL FACILITIES PROJECTS › Subchapter 3 - REQUIREMENTS FOR BIDDING › Section 19:38-3.3 - Submission of Project Rating Proposal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Project
				  Rating Proposal shall be delivered by the firm to the Authority at the hour,
				  date, and place specified in the bid advertisement as may be modified by
				  addendum. Project Rating Proposals will be accepted only from firms currently
				  prequalified with the Authority in accordance with N.J.A.C. 19:38A.
(b) An irregular bid may be rejected for
				  failure to comply with the bid and contract documents.
(c) The Authority shall examine the Project
				  Rating Proposal and all documents required to be submitted with the Project
				  Rating Proposal for completeness and conformity with bidding requirements. If
				  the Authority determines that a Project Rating Proposal received for a school
				  facility package must be rejected as being non-responsive, it shall notify the
				  firm in writing of the rejection of its Project Rating Proposal and the reason
				  for the rejection within 10 business days of the receipt of the Project Rating
				  Proposal unless there are circumstances that require additional time.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38 - PROCEDURES FOR LOW-BID PROCUREMENT OF CONSTRUCTION CONTRACTS FOR SCHOOL FACILITIES PROJECTS › Subchapter 3 - REQUIREMENTS FOR BIDDING › Section 19:38-3.4 - Calculation of the Project Rating

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Firms shall
				  supply the information required for the calculation of a Project Rating in the
				  trade for which the firm is seeking a Project Rating. The Project Rating shall
				  be based on the following factors:
1. A check
				  of references supplied by the firm on projects completed by the firm in the
				  past seven years. This includes information regarding the firm's performance on
				  other school facilities projects;
2. Information regarding the firm's safety
				  record;
3. Information regarding
				  the firm's prevailing wage record;
4. The firm's Authority project evaluation
				  record; and
5. Other information
				  deemed relevant by the Authority.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38 - PROCEDURES FOR LOW-BID PROCUREMENT OF CONSTRUCTION CONTRACTS FOR SCHOOL FACILITIES PROJECTS › Subchapter 3 - REQUIREMENTS FOR BIDDING › Section 19:38-3.6 - Submission of Price Proposal

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Price
				  Proposals will be received at the time, date, and place specified in the bid
				  advertisement as may be modified by addendum. Price Proposals will be accepted
				  only from firms currently prequalified with the Authority and which have
				  submitted a Project Rating Proposal in accordance with the Instructions to
				  Bidders and this chapter.
(b) An
				  officer or employee of the Authority will open each bid session as near to the
				  time specified in the advertisement as is practical. The Authority
				  representative will announce the school facilities packages on which bids are
				  being received during that bid session. The Authority representative will then
				  declare the bidding closed. No bids will be accepted after the bidding has been
				  closed.
(c) The Price Proposals
				  will be opened and total lump sum base bid prices as well as prices for any and
				  all alternates, if applicable, will be read.
(d) Unless otherwise directed by the
				  Authority, each Price Proposal shall be accompanied by a bid proposal bond in
				  an amount equal to or greater than 10 percent of the bid price. Each bid bond
				  shall reference the package to which it applies.
1. Bid bonds shall comply with the
				  requirements of this chapter and relevant State statutes. Bid bonds covering
				  Authority packages shall be issued only in accordance with
				  2A:44-143 through 147 to the
				  contractor and shall indicate aggregate bonding limits; by companies listed in
				  the current United States Treasury Department Circular 570, which Circular will
				  establish the underwriting limitation for any one risk.
2. Bid bonds shall be issued only by
				  companies authorized to transact business in the State of New Jersey.
3. Two or more companies may underwrite the
				  bid bond on a package if the aggregate of their underwriting limitations, as
				  established by United States Treasury Department Circular 570, is not exceeded
				  by the penal sum of the bid bond. Each company may limit its liability, upon
				  the face of the bond or power of attorney form, to a definite specified amount
				  within its underwriting limitation. Such obligation shall be executed by the
				  principal and sureties jointly and severally.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38 - PROCEDURES FOR LOW-BID PROCUREMENT OF CONSTRUCTION CONTRACTS FOR SCHOOL FACILITIES PROJECTS › Subchapter 3 - REQUIREMENTS FOR BIDDING › Section 19:38-3.7 - Special Project Rating and Price Proposal requirements

Current through Register Vol. 56, No. 14, July 15, 2024
With respect to
					 19:38-3.5 and 3.6, the Authority
					 may establish appropriate and special requirements and/or waive requirements as
					 may be necessary in order to ensure competitive bidding on any and all school
					 facilities projects or as may be dictated by the unique and specialized nature
					 of the work to be performed.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38 - PROCEDURES FOR LOW-BID PROCUREMENT OF CONSTRUCTION CONTRACTS FOR SCHOOL FACILITIES PROJECTS › Subchapter 3 - REQUIREMENTS FOR BIDDING › Section 19:38-3.8 - Requirements to bid within a firm$DQ$s Aggregate Rating and Project Rating

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A firm shall
				  not submit a Price Proposal that exceeds its Project Rating in the trade
				  classification required to bid the package.
(b) A firm shall not submit a Price Proposal
				  which causes the total outstanding amount of all of its existing contracts, as
				  defined in the Authority backlog form, both public and private, to exceed its
				  Aggregate Rating.
(c) A firm shall
				  include with its Price Proposal a completed Authority backlog form, which is a
				  statement of the current value and status of its backlog of uncompleted
				  construction work as of the Price Proposal due date and certification that the
				  award of the subject schools facilities package will not cause the firm to
				  exceed its Aggregate Rating.
(d) If
				  a question arises as to whether an amount bid for a schools facilities package
				  is within a firm's existing Project Rating or the firm's Aggregate Rating, the
				  Price Proposal shall be opened and if the Price Proposal exceeds the firm's
				  Project Rating or Aggregate Rating, the bid shall be rejected.
(e) A firm shall not be awarded a school
				  facilities project that exceeds its Project Rating.
(f) A firm 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 completed Authority's backlog form, would
				  exceed the firm's 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 Price Proposal.
(g) If a firm successfully bids for two or
				  more school facilities packages, which, either in combination with each other
				  or in combination with the backlog of uncompleted construction work on other
				  currently held contracts would exceed the firm'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.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38 - PROCEDURES FOR LOW-BID PROCUREMENT OF CONSTRUCTION CONTRACTS FOR SCHOOL FACILITIES PROJECTS › Subchapter 3 - REQUIREMENTS FOR BIDDING › Section 19:38-3.9 - Multiple bids

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A firm may
				  submit multiple bids when the sum of the 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 backlog form submitted with
				  the Price Proposal. Upon receipt of multiple bids, 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.
(b) If a bidder submits bids on two or more
				  packages at the same bid session, that bidder must have a current Aggregate
				  Rating greater than or equal to the combined amount of its bids, unless a
				  reservation has been placed in each bid limiting the maximum gross amount of
				  awards acceptable to the bidder at that particular bid letting. If such
				  reservations are placed in the bids, the Authority will select which contract
				  or contracts are to be awarded to such bidder within the maximum gross amount
				  reserved.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38 - PROCEDURES FOR LOW-BID PROCUREMENT OF CONSTRUCTION CONTRACTS FOR SCHOOL FACILITIES PROJECTS › Subchapter 3 - REQUIREMENTS FOR BIDDING › Section 19:38-3.10 - Withdrawal or substitution of bid prior to bid opening

Current through Register Vol. 56, No. 14, July 15, 2024
A firm may withdraw a bid or substitute a bid with another
					 by submitting a letter to the Authority prior to the bid opening. The
					 withdrawal or substitution shall include the name of the firm, the date and
					 time of the original Project Rating Proposal and Price Proposal, the name of a
					 principal of the firm responsible for the action, and the action to be
					 taken.