reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 6 - SELECTION PROCEDURES-CATEGORY FOUR CONTRACTS › Section 19:38C-6.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall govern the procurement of an
					 agreement through the Authority's grant of a waiver of advertising pursuant to
					 52:34-10. While the Authority
					 shall normally procure professional services consultants through a competitive
					 selection process initiated by advertising, in those limited situations where
					 it is not possible, feasible or prudent to advertise, this subchapter shall
					 apply to the procurement of professional services consultant agreements.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 6 - SELECTION PROCEDURES-CATEGORY FOUR CONTRACTS › Section 19:38C-6.2 - Circumstances justifying waiver of advertising; pre-qualification

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Authority may grant a waiver of public advertisement in the following limited
				  circumstances:
1. The engagement to be made
				  is with the Federal government, or any State government or any agency or
				  political subdivision thereof;
2. A
				  public exigency exists in which professional services must be purchased
				  immediately and are necessary to mitigate an emergency situation;
3. Only one professional services consultant
				  is capable of or available to provide the services at the time they are
				  required; or
4. When the services
				  required are available through participation in an existing contract between a
				  vendor and any department, division, office, agency, bureau, or section of the
				  United States, or any authority or instrumentality created or chartered thereby
				  and any department, division, office, agency, bureau, or section of New Jersey
				  or any state of the United States other than New Jersey, or any political
				  subdivision thereof including, but not limited to, municipalities, or any other
				  authority or instrumentality created or chartered thereby, provided that:
i. The existing contract was the result of a
				  competitive selection process;
ii.
				  The terms of the existing contract permit such Authority
				  participation;
iii. The price of
				  the services being procured is no greater than the price offered to the
				  original governmental unit party to the existing contract;
iv. The Authority receives the benefit of any
				  price reductions mandated by the original governmental unit party during the
				  term of the existing contract and is protected from price increases during that
				  time; and
v. The price of services
				  being procured is no greater than the price of the same or equivalent goods or
				  services under any existing New Jersey State contract.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 6 - SELECTION PROCEDURES-CATEGORY FOUR CONTRACTS › Section 19:38C-6.3 - Solicitation

Current through Register Vol. 56, No. 14, July 15, 2024
(a) With respect
				  to a circumstance arising under
				  19:38C-6.2, whenever practical,
				  the Authority will undertake a competitive selection process for agreements of
				  this type to the extent it is feasible and economical to do so. This less
				  formal process may include obtaining at least three telephonic quotations or
				  obtaining written quotations from at least three separate professional services
				  consultants.
1. Proposals shall be evaluated
				  based on proposed fees and the evaluation criteria appropriate for the
				  particular procurement. The Authority may request clarifying technical and/or
				  organizational information from any entity submitting a proposal, prior to
				  finalizing the evaluation.
2. The
				  Authority shall select the proposal that is in the best interest of the
				  Authority and the school construction program, based on proposed fees and the
				  evaluation criteria established for the selection.
3. The competitive selection process used
				  shall be memorialized in the recommendation of award.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 7 - SELECTION PROCEDURES-TERM AGREEMENTS › Section 19:38C-7.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter provides for the use of term agreements by
					 the Authority to serve a variety of consultant needs in accordance with its
					 statutory responsibilities to administer the schools construction program. This
					 subchapter further provides for the issuance of task orders, in accordance with
					 a term agreement.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 7 - SELECTION PROCEDURES-TERM AGREEMENTS › Section 19:38C-7.2 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A term
				  agreement is an agreement whereby the Authority may engage a professional
				  services consultant or consultants for a defined period of time, rather than
				  for a defined project or projects.
(b) Term agreements may be used by the
				  Authority to retain professional services consultants when:
1. There is a need to expedite emergent
				  projects or emergent project requirements;
2. There is a need to accomplish any study,
				  evaluation, review, assessment, or other professional services relating to a
				  school facilities projects on an "on call" basis; or
3. There is a need to address the
				  program-wide requirements of the Authority.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 7 - SELECTION PROCEDURES-TERM AGREEMENTS › Section 19:38C-7.3 - Reserved

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 7 - SELECTION PROCEDURES-TERM AGREEMENTS › Section 19:38C-7.4 - Reserved

Current through Register Vol. 56, No. 14, July 15, 2024
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 8 - ENGAGEMENT OF TITLE INSURANCE COMPANIES › Section 19:38C-8.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter, exclusively, shall govern the Authority's
					 engagement of title insurance companies.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 8 - ENGAGEMENT OF TITLE INSURANCE COMPANIES › Section 19:38C-8.2 - Master list

Current through Register Vol. 56, No. 14, July 15, 2024
The Authority shall establish and maintain a master list
					 of title insurance companies, which are on the list of title insurance
					 companies authorized to write title insurance policies in New Jersey as
					 compiled by the New Jersey Department of Banking and Insurance and rated "A" or
					 higher by a major credit rating agency. The master list shall be updated by the
					 Authority on a quarterly basis.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 8 - ENGAGEMENT OF TITLE INSURANCE COMPANIES › Section 19:38C-8.3 - Procurement by competitive bidding for individual engagement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the
				  Authority deems it in the best interest of a school facilities project or the
				  school construction program to make use of an individual competitive
				  procurement to secure title insurance, it shall solicit proposals for title
				  insurance by means of a request for proposals presented to at least three
				  separate title insurance companies randomly selected from the master list.
				  Authority staff shall prepare a memorandum indicating the number of entities
				  contacted and the number of proposals received, including prices.
(b) The proposals shall be evaluated by the
				  Authority based on price and the title insurance company's experience with the
				  property or area comprising and surrounding the site for the particular school
				  facility at issue. The Authority may request clarifying technical and/or
				  organizational information from those entities submitting proposals prior to
				  determining the final ranking.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 8 - ENGAGEMENT OF TITLE INSURANCE COMPANIES › Section 19:38C-8.4 - Procurement through term agreements specifying fixed rates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event
				  that the Authority determines that it would be in the best interest of the
				  school construction program to make use of a term agreement approach to the
				  procurement of title insurance, it may extend an offer to all title insurance
				  companies on the master list to enter into an agreement that may extend for a
				  term not to exceed three years. The compensation paid under any such term
				  agreement shall be in accordance with a fixed schedule of rates and charges,
				  and the contract value shall not exceed a stated ceiling during its term. The
				  Authority may extend such term agreement offers at such frequency as it
				  determines is in the best interest of the school construction program, provided
				  that no title insurance company may be engaged under more than one such term
				  agreement at a time. All term agreements with title insurance companies shall
				  provide for, among other things, termination for the convenience of the
				  Authority and termination for cause.
(b) During the term of such an agreement, the
				  Authority may assign to a title insurance company one or more task orders
				  identifying specific properties or sites for which to provide title insurance
				  for purposes of one or more school facilities projects based upon the following
				  criteria:
1. The title insurance company's
				  experience with the property or area comprising and surrounding the site for
				  the particular school facility at issue;
2. Present capacity of the firm to provide
				  the required services; and
3.
				  Equitable allocation of task order assignments among all title insurance
				  companies engaged by the Authority under a term agreement.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 9 - ENGAGEMENT OF APPRAISERS › Section 19:38C-9.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter, exclusively, shall govern the engagement
					 of appraisers.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 9 - ENGAGEMENT OF APPRAISERS › Section 19:38C-9.2 - Master list

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Authority shall establish and maintain and update on a quarterly basis, a
				  master list of appraisers. The master list shall be created based upon the list
				  of appraisers maintained by the New Jersey Department of Transportation and the
				  list of appraisers previously engaged by the Authority. Firms may apply for
				  inclusion on the master list by submitting to the Authority a statement of
				  qualifications, which shall include, but not limited to, the following:
1. A resume;
2. Experience with condemnation projects
				  carried out by governmental entities and a full description of same;
				  and
3. Experience with other
				  governmental entities.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 9 - ENGAGEMENT OF APPRAISERS › Section 19:38C-9.3 - Procurement by competitive bidding for individual engagement

Current through Register Vol. 56, No. 14, July 15, 2024
(a) When the
				  Authority deems it is in the best interest of a school facilities project or
				  the school construction program to make use of an individual competitive
				  procurement to engage an appraiser, it shall solicit proposals for appraisal
				  services by means of a request for proposals presented to at least three
				  separate appraisers chosen from the master list based upon the following:
1. Geographic proximity to the school
				  facilities project; and
2. If
				  applicable, the need for a particular specialty.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 9 - ENGAGEMENT OF APPRAISERS › Section 19:38C-9.4 - Procurements through term agreements specifying fixed rates

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event
				  that the Authority determines that it would be in the best interest of the
				  school construction program to make use of a term agreement approach to the
				  procurement of appraisal services, it may extend an offer to all firms on the
				  master list to enter into an agreement that may extend for a term not to exceed
				  three years. The compensation paid under any such term agreement shall be in
				  accordance with a fixed schedule of rates and charges and the contract value
				  shall not exceed a stated ceiling during its term. The Authority may extend
				  such term agreement offers at such frequency as it determines is in the best
				  interest of the school construction program, provided that no appraiser may be
				  engaged under more than one such term agreement at a time. All term agreements
				  with appraisers shall provide for, among other things, termination for the
				  convenience of the Authority and termination for cause.
(b) During the term of such an agreement, the
				  Authority may assign to an appraiser a task order identifying specific sites to
				  appraise for purposes of one or more school facilities projects based upon the
				  following criteria:
1. Licensing
				  status;
2. Professional
				  designations;
3. Previous
				  experience on similar projects;
4.
				  Geographic proximity to the school facilities project or projects;
5. Present capacity of the firm to complete
				  the required services; and
6.
				  Equitable allocation of task order assignments among all appraisers engaged by
				  the Authority under a term agreement.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 10 - ENGAGEMENT OF EXPERTS › Section 19:38C-10.1 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
Experts for litigation support or real estate transaction
					 support may be retained through outside counsel on behalf of the Authority, or
					 procured directly by the Authority, using any of the procurement methods set
					 forth in this chapter.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS › Subchapter 11 - PROTESTS AND HEARING PROCEDURES › Section 19:38C-11.1 - 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 the Authority's conduct of procurements for professional
				  services consultants, including protests challenging:
1. The form of advertisements for
				  procurement;
2. The form of the RFQ
				  or the RFP for a given procurement;
3. The scoring of proposals or the ranking of
				  firms;
4. The selection of
				  professional services consultants for unadvertised procurements under N.J.A.C.
				  19:38C-3 or 6;
5. The issuance of a
				  task order under a term agreement under
				  N.J.A.C.
				  19:38C-7.4; and
6. Performance evaluations for professional
				  services consultants.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38D - PROCUREMENT OF GOODS AND SERVICES › Subchapter 1 - GENERAL PROVISIONS › Section 19:38D-1.1 - Purpose and scope of rules

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter is designed to establish the procedures
					 applicable to the award of contracts by the Authority for goods and services
					 required for implementation of the school construction program, excluding
					 services subject to
					 P.L.
					 1997, c. 399,
					 52:34-9.1 et seq., and N.J.A.C.
					 19:38C.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38D - PROCUREMENT OF GOODS AND SERVICES › Subchapter 2 - GENERAL REQUIREMENTS › Section 19:38D-2.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter sets forth requirements applicable to
					 procurements of goods and/or services for the Authority.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38D - PROCUREMENT OF GOODS AND SERVICES › Subchapter 2 - GENERAL REQUIREMENTS › Section 19:38D-2.2 - Pre-qualification and moral integrity review

Current through Register Vol. 56, No. 14, July 15, 2024
(a) For all
				  procurements requiring pre-qualification pursuant to N.J.A.C. 19:38A, vendors
				  must be pre-qualified by the Authority at the time of submission of a response
				  to an RFQ and/or an RFP, except if otherwise expressly provided in this
				  chapter.
(b) All vendors seeking to
				  enter into an agreement with the Authority are subject to a moral integrity
				  review, even where Authority pre-qualification is not required. If the results
				  of the moral integrity review are negative or unsatisfactory in that they
				  indicate any circumstance that would justify a revocation of pre-qualification
				  under 19:38A-4.1, the Authority shall
				  reject the vendor's proposal pursuant to
				  19:38D-2.6.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38D - PROCUREMENT OF GOODS AND SERVICES › Subchapter 2 - GENERAL REQUIREMENTS › Section 19:38D-2.3 - Selection procedures based on type of engagement

Current through Register Vol. 56, No. 14, July 15, 2024
The Authority may establish different procedures as set
					 forth in this chapter, for the selection of vendors based on the contract type
					 or value of the engagement.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38D - PROCUREMENT OF GOODS AND SERVICES › Subchapter 2 - GENERAL REQUIREMENTS › Section 19:38D-2.4 - General evaluation criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The ranking
				  of vendors shall be performed pursuant to evaluation criteria established by
				  the Authority for each particular procurement and by the weights established
				  for such criteria. In selecting the most highly qualified vendor, the selection
				  committee shall consider the criteria and relative weights of such criteria, as
				  set forth in the RFP and/or RFQ. Such evaluation criteria may include:
1. The experience of the vendor, and its key
				  personnel, on projects similar in scope, size, complexity;
2. The ability of the vendor and its key
				  personnel, to provide the required goods or services;
3. The approach set forth by the vendor with
				  respect to the provision of the goods or services in its proposal;
4. The proposed staffing, including, but not
				  limited to, the extent to which the ability of the vendor to fulfill the
				  contract may be affected or compromised by the commitment of staff to another
				  contract with the Authority, or to contracts with any other public or private
				  entity;
5. Performance by the
				  vendor of the goods or services on other work undertaken or funded by the
				  Authority;
6. The proximity of the
				  vendor of the goods or services to the site of the school facility at
				  issue;
7. In the case of the
				  provision of goods, the durability, and/or construction of, and related
				  warranty provisions affecting, the goods in question; and/or
8. Such other criteria as the Authority may
				  determine to be appropriate to a specific procurement and which shall be set
				  forth in the pertinent advertisement and request for proposals.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38D - PROCUREMENT OF GOODS AND SERVICES › Subchapter 2 - GENERAL REQUIREMENTS › Section 19:38D-2.5 - Rejection of proposals; cancellation of procurement or award

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Proposals
				  received after the submission date and time prescribed in the RFQ or 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 public interest to do so. The Authority may reject all
				  proposals and cancel a procurement for excessive cost, insufficient
				  competition, or any other reason, in accordance with law, that it deems to be
				  in the public interest. The Authority may cancel an award at any time before
				  the execution of an agreement by all parties.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38D - PROCUREMENT OF GOODS AND SERVICES › Subchapter 2 - GENERAL REQUIREMENTS › Section 19:38D-2.6 - Approval and execution of agreement

Current through Register Vol. 56, No. 14, July 15, 2024
No agreement is valid or binding on the Authority unless
					 and until it is executed by the Authority.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38D - PROCUREMENT OF GOODS AND SERVICES › Subchapter 2 - GENERAL REQUIREMENTS › Section 19:38D-2.7 - Termination

Current through Register Vol. 56, No. 14, July 15, 2024
All agreements executed pursuant to this chapter shall
					 provide for, among other things, termination for convenience and for
					 cause.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38D - PROCUREMENT OF GOODS AND SERVICES › Subchapter 2 - GENERAL REQUIREMENTS › Section 19:38D-2.8 - Disclosure and publicity; records access and retention

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any and all
				  submissions made in response to an RFP and/or an RFQ are subject to the
				  provisions of the Open Public Records Act,
				  47:1A-1 et seq., including the
				  exceptions from disclosure provided therein.
(b) Vendors 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.
(c) The Authority and any
				  vendor subject to this chapter shall retain all records relating to goods or
				  services provided under the agreement with the Authority for a specified period
				  following expiration or termination of the agreement, as indicated in the
				  agreement and as specified in the Authority's document retention schedule. All
				  such records shall be provided to the Authority upon written demand, at no cost
				  to the Authority. 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 and the provision of such services is commenced prior to expiration
				  or termination of the agreement, such records 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 38D - PROCUREMENT OF GOODS AND SERVICES › Subchapter 2 - GENERAL REQUIREMENTS › Section 19:38D-2.9 - Advertising

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  Authority shall advertise for all procurements in accordance with
				  52:18A-243(h). In
				  addition, such advertising may also be placed:
1. In pertinent trade publications with
				  distribution in New Jersey;
2. By
				  written notice to New Jersey professional societies or trade organizations;
				  and/or
3. By use of direct mailings
				  to appropriately selected firms.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38D - PROCUREMENT OF GOODS AND SERVICES › Subchapter 3 - SELECTION PROCEDURES-AGREEMENTS NOT EXCEEDING THE STATE BID THRESHOLD PURSUANT TO N.J.S.A. 52:34-7b › Section 19:38D-3.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter sets forth the procedural requirements
					 applicable to the procurement of agreements for goods and/or services where
					 such agreements specify compensation that does not exceed the State bid
					 threshold of $ 36,000, as adjusted, pursuant to N.J.S.A. 52:34-7b, except for
					 those procurements in which the Authority, at its sole option, determines to
					 apply the procedures of N.J.A.C. 19:38D-4. The Authority reserves the right to
					 waive any pre-qualification requirement for a procurement pursuant to this
					 subchapter.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38D - PROCUREMENT OF GOODS AND SERVICES › Subchapter 3 - SELECTION PROCEDURES-AGREEMENTS NOT EXCEEDING THE STATE BID THRESHOLD PURSUANT TO N.J.S.A. 52:34-7b › Section 19:38D-3.2 - Solicitation

Current through Register Vol. 56, No. 14, July 15, 2024
In accordance with N.J.S.A. 52:34-7b, the Authority shall
					 not be required to advertise the procurement of agreements for goods and/or
					 services where such agreements provide for compensation below the State bid
					 threshold.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38D - PROCUREMENT OF GOODS AND SERVICES › Subchapter 3 - SELECTION PROCEDURES-AGREEMENTS NOT EXCEEDING THE STATE BID THRESHOLD PURSUANT TO N.J.S.A. 52:34-7b › Section 19:38D-3.3 - Evaluation

Current through Register Vol. 56, No. 14, July 15, 2024
Proposals shall be evaluated based on fees and/or the
					 evaluation criteria appropriate for the particular procurement. The Authority
					 may request clarifying technical and/or organizational information from any
					 vendor submitting a proposal prior to finalizing the evaluation.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38D - PROCUREMENT OF GOODS AND SERVICES › Subchapter 3 - SELECTION PROCEDURES-AGREEMENTS NOT EXCEEDING THE STATE BID THRESHOLD PURSUANT TO N.J.S.A. 52:34-7b › Section 19:38D-3.4 - Selection

Current through Register Vol. 56, No. 14, July 15, 2024
The Authority shall select the proposal that is in the
					 best interest of the Authority and the school construction program, based on
					 fees and/or the evaluation criteria established for the selection.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38D - PROCUREMENT OF GOODS AND SERVICES › Subchapter 4 - SELECTION PROCEDURES-AGREEMENTS EXCEEDING THE STATE BID THRESHOLD, AS ADJUSTED, PURSUANT TO N.J.S.A. 52:34-7b › Section 19:38D-4.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter sets forth procedures that shall apply to
					 the procurement of agreements for goods and/or services where such agreements
					 specify compensation exceeding the amount set forth in N.J.S.A. 52:34-7b. At
					 the option of the Authority, the procedures specified in this subchapter may
					 apply to an engagement with compensation below the amount set forth in N.J.S.A.
					 52:34-7b.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38D - PROCUREMENT OF GOODS AND SERVICES › Subchapter 4 - SELECTION PROCEDURES-AGREEMENTS EXCEEDING THE STATE BID THRESHOLD, AS ADJUSTED, PURSUANT TO N.J.S.A. 52:34-7b › Section 19:38D-4.2 - Initiation

Current through Register Vol. 56, No. 14, July 15, 2024
A procurement for the provision of goods and/or services
					 under this chapter shall be initiated by the public advertisement of an RFQ,
					 RFP, or both, except in circumstances where a waiver of advertising is
					 permitted under N.J.A.C. 19:38D-6. The RFQ or RFP shall include the schedule of
					 goods or the scope of services sought under the procurement, as well as the
					 form of agreement and other related documents.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38D - PROCUREMENT OF GOODS AND SERVICES › Subchapter 4 - SELECTION PROCEDURES-AGREEMENTS EXCEEDING THE STATE BID THRESHOLD, AS ADJUSTED, PURSUANT TO N.J.S.A. 52:34-7b › Section 19:38D-4.3 - Selection committee

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to the
				  receipt of vendor proposals, the Authority shall establish a selection
				  committee or committees to review and evaluate the proposals. Each member of
				  the selection committee shall have the relevant experience necessary to
				  evaluate the proposals. Each member of a selection committee shall be
				  responsible for independently evaluating and scoring the proposals.
(b) Once the responses are received and the
				  identity of the vendors is ascertained and communicated to the members of the
				  selection committee, each member of the selection committee, prior to the
				  evaluation of any proposal, shall execute a certification that he or she has no
				  personal interest, financial or familial, in any of the vendors to be
				  evaluated, or the principals, subsidiaries or parent companies thereof.
				  Furthermore, should any of the selection committee members indicate that a
				  conflict or personal interest exists once the identity of the vendors is
				  revealed, that member shall not serve on the selection committee and may be
				  replaced.
(c) The names of the
				  members of the selection committee shall be made public once the contract is
				  awarded, pursuant to
				  52:34-10.3(c).
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38D - PROCUREMENT OF GOODS AND SERVICES › Subchapter 4 - SELECTION PROCEDURES-AGREEMENTS EXCEEDING THE STATE BID THRESHOLD, AS ADJUSTED, PURSUANT TO N.J.S.A. 52:34-7b › Section 19:38D-4.4 - Selection evaluation criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  selection evaluation criteria may include the criteria listed in
				  19:38D-2.4, as well as past
				  project performance, understanding of project needs and project schedule, and
				  budget and cost estimating. Selection evaluation criteria may also include any
				  other criteria determined to be appropriate in the sole discretion of the
				  Authority.
(b) The selection
				  evaluation criteria and the specific weight assigned to each criterion for each
				  procurement of goods and/or services under this chapter shall be established by
				  the Authority prior to advertisement, and the criteria and weights shall be
				  incorporated into the RFQ and/or RFP for the procurement.
(c) The Authority may consider the fee
				  proposal as a qualitative factor upon which firms will be evaluated.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38D - PROCUREMENT OF GOODS AND SERVICES › Subchapter 4 - SELECTION PROCEDURES-AGREEMENTS EXCEEDING THE STATE BID THRESHOLD, AS ADJUSTED, PURSUANT TO N.J.S.A. 52:34-7b › Section 19:38D-4.5 - Selection evaluation process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The members
				  of the selection committee will evaluate the submissions and other information
				  comprising the evaluation process, and shall assign scores based upon the
				  evaluation criteria set forth in the RFQ and/or RFP.
(b) In addition to the review of responses to
				  an RFQ and/or RFP, the evaluation process may include:
1. Review of a vendor's responses to requests
				  for additional or clarifying information;
2. Participation in interviews; and
3. Any other components determined, in the
				  sole discretion of the Authority, to be appropriate.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38D - PROCUREMENT OF GOODS AND SERVICES › Subchapter 4 - SELECTION PROCEDURES-AGREEMENTS EXCEEDING THE STATE BID THRESHOLD, AS ADJUSTED, PURSUANT TO N.J.S.A. 52:34-7b › Section 19:38D-4.6 - Submission of fee proposals

Current through Register Vol. 56, No. 14, July 15, 2024
A fee proposal shall be submitted in accordance with the
					 process set forth in either an RFQ or RFP. A fee proposal shall be submitted in
					 a separate sealed envelope. The envelope shall indicate clearly that it is the
					 fee proposal and shall identify the vendor's name, the project or procurement
					 number and any other information required by the RFQ and/or RFP. The fee
					 proposals shall remain sealed until such time as provided in
					 19:38D-4.7(a) or
					 (b) below.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38D - PROCUREMENT OF GOODS AND SERVICES › Subchapter 4 - SELECTION PROCEDURES-AGREEMENTS EXCEEDING THE STATE BID THRESHOLD, AS ADJUSTED, PURSUANT TO N.J.S.A. 52:34-7b › Section 19:38D-4.7 - Consideration of fee proposals

Current through Register Vol. 56, No. 14, July 15, 2024
(a) In the event
				  the fee proposal is one of the qualitative factors for the evaluation of the
				  proposals, the Authority shall open the sealed fee proposals and assign the
				  maximum points to the lowest total fee proposal. All other proposals shall be
				  scored based upon the percentage that each proposal exceeds the lowest
				  proposal. The scores of the fee proposals shall then be utilized to finalize
				  the ranking undertaken by the selection committee, pursuant to
				  19:38D-4.5(d).
(b) In the event the fee proposal is not a
				  qualitative factor for the evaluation of the proposal, the Authority shall open
				  the sealed fee proposals at a predetermined date and time after the final
				  ranking has been prepared. Using the fee proposals as a guide, the Authority
				  shall negotiate an agreement with the highest-ranked vendor at a fee determined
				  by the Authority to be fair and reasonable. Should the Authority be unable to
				  negotiate a satisfactory fee with the highest-ranked vendor, the Authority
				  shall terminate negotiations with the highest-ranked vendor, and may then
				  terminate the procurement or may undertake negotiations with the second-highest
				  ranked vendor. Failing accord with the second highest-ranked vendor, the
				  Authority shall terminate negotiations with the second highest-ranked vendor
				  and may then terminate the procurement or may undertake negotiations with the
				  third highest-ranked vendor. In the event that the Authority is unable to agree
				  to a satisfactory fee with any of the three highest-ranked firms, the Authority
				  may select additional vendors in the order of their ranking and continue
				  negotiations, until either an agreement is reached or the procurement is
				  canceled or terminated.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38D - PROCUREMENT OF GOODS AND SERVICES › Subchapter 4 - SELECTION PROCEDURES-AGREEMENTS EXCEEDING THE STATE BID THRESHOLD, AS ADJUSTED, PURSUANT TO N.J.S.A. 52:34-7b › Section 19:38D-4.8 - Recommendation

Current through Register Vol. 56, No. 14, July 15, 2024
Based on the process set forth in this subchapter, the
					 selection coordinator shall recommend the most technically qualified vendor at
					 final compensation determined to be fair and reasonable. If the recommendation
					 is approved, the Authority will issue a written notice of award to the
					 successful vendor.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38D - PROCUREMENT OF GOODS AND SERVICES › Subchapter 4 - SELECTION PROCEDURES-AGREEMENTS EXCEEDING THE STATE BID THRESHOLD, AS ADJUSTED, PURSUANT TO N.J.S.A. 52:34-7b › Section 19:38D-4.9 - Execution of agreement

Current through Register Vol. 56, No. 14, July 15, 2024
Upon the successful vendor's submission of any required
					 documentation or materials as specified in the notice of award, and the
					 Authority's acceptance of such documents, the Authority will execute the
					 agreement and provide the successful vendor with a fully-executed agreement.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38D - PROCUREMENT OF GOODS AND SERVICES › Subchapter 4 - SELECTION PROCEDURES-AGREEMENTS EXCEEDING THE STATE BID THRESHOLD, AS ADJUSTED, PURSUANT TO N.J.S.A. 52:34-7b › Section 19:38D-4.10 - Confidentiality

Current through Register Vol. 56, No. 14, July 15, 2024
The selection evaluations, rankings, negotiations and fee
					 proposals of all firms, as well as all discussions and correspondence, relating
					 to the selection of a vendor shall remain confidential and exempt from
					 production under the Open Public Records Act,
					 47:1-1 et seq., until a notice of
					 award has issued.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38D - PROCUREMENT OF GOODS AND SERVICES › Subchapter 5 - TERM AGREEMENTS › Section 19:38D-5.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter provides for the use of term agreements by
					 the Authority to serve a variety of needs in accordance with its statutory
					 responsibilities to administer the school construction program. This subchapter
					 further provides for issuance of purchase orders, or issuance of task orders in
					 accordance with a term agreement.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38D - PROCUREMENT OF GOODS AND SERVICES › Subchapter 5 - TERM AGREEMENTS › Section 19:38D-5.2 - General requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A term
				  agreement is an agreement whereby the Authority may engage a vendor for a
				  defined period of time, rather than for a defined project or
				  projects.
(b) Term agreements may
				  be used by the Authority to procure goods and/or services when there is a need
				  to:
1. Expedite emergent projects or emergent
				  project requirements;
2. Procure
				  goods or services for a school facilities project on an "on call" basis;
				  or
3. Address the program-wide
				  requirements of the Authority.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38D - PROCUREMENT OF GOODS AND SERVICES › Subchapter 6 - CATEGORY FOUR SELECTION PROCEDURES › Section 19:38D-6.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall apply when the Authority determines
					 to procure goods and/or services by means of an exemption from advertising
					 pursuant to
					 52:34-10, having found that the
					 requirements of one of the exemption types in
					 19:38D-6.2 have been satisfied,
					 and when the Authority has established that such exemption is in the best
					 interest of the Authority and the school construction program.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38D - PROCUREMENT OF GOODS AND SERVICES › Subchapter 6 - CATEGORY FOUR SELECTION PROCEDURES › Section 19:38D-6.2 - Exemption types and requirements

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				  circumstances providing a basis for an exemption are as follows:
1. Sole source: when only one vendor is
				  capable of or available to provide the goods or services at the time they are
				  required.
2. Continuity: when, as a
				  result of the vendor's previous satisfactory engagement by the Authority, a
				  significant need arises to maintain continuity through updated or additional
				  goods or services from the same source.
3. Governmental agreement: when the goods or
				  services required are available from the Federal or any state government or any
				  agency or political subdivision thereof.
4. Public exigency: when public exigency
				  requires the immediate delivery of the goods or services. Public exigency may
				  be found if:
i. A health or safety hazard
				  exists, which precludes the lead time for advertisement of a procurement for
				  goods and/or services to rectify such condition, or renders the competitive
				  bidding for such a procurement impractical or impossible;
ii. A critical agency mandate, statutory or
				  operational requirement can only be fulfilled by the sole source; or
iii. A health or safety emergency precludes
				  the lead time required to develop a competitive schedule of goods or scope of
				  services.
5. Existing
				  contract: when the goods or services required are available through
				  participation in an existing contract between a vendor and any department,
				  division, office, agency, bureau or section of the United States, or any
				  authority or instrumentality created or chartered thereby and any department,
				  division, office, agency, bureau or section of New Jersey or any state of the
				  United States other than New Jersey, or any political subdivision thereof
				  including, but not limited to, municipalities, or any other authority or
				  instrumentality created or chartered thereby, provided that:
i. The existing contract was the result of a
				  competitive selection process;
ii.
				  The terms of the existing contract permit such Authority
				  participation;
iii. The price of
				  the goods or services being procured is no greater than the price offered to
				  the original governmental unit party to the existing contract;
iv. The Authority receives the benefit of any
				  price reductions mandated by the original governmental unit party during the
				  term of the existing contract and is protected from price increases during that
				  time; and
v. The price of goods or
				  services being procured is no greater than the price of the same or equivalent
				  goods or services under any existing New Jersey State contract.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38D - PROCUREMENT OF GOODS AND SERVICES › Subchapter 7 - PROTESTS AND HEARING PROCEDURES › Section 19:38D-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 regarding the
				  Authority's procurements of goods and services, including protests challenging:
1. The form of advertisements for
				  procurement;
2. The form of the RFQ
				  or the RFP for a given procurement;
3. The scoring of proposals or the ranking of
				  firms;
4. The selection of vendors
				  for unadvertised procurements under N.J.A.C. 19:38D-3 or 6; and
5. The issuance of a task order under a term
				  agreement under N.J.A.C. 19:38D-5.4.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 39 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 1 - GENERAL PROVISIONS › Section 19:39-1.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
The purpose of this chapter is to implement section 6 of
					 the Act, which mandates the adoption of rules to establish and provide for the
					 administration and enforcement of an affirmative action program for the schools
					 construction program. In addition, this chapter implements Executive Order No.
					 71 (2003), which requires the Authority to set aside 25 percent of its total
					 purchases and contracts for construction and goods and services for small
					 business enterprises;
					 N.J.S.A.
					 52:32-31.1 et seq., which requires the
					 Authority to set aside three percent of its total contracts for construction
					 and goods and services for disabled veteran-owned businesses; and, in
					 accordance with Executive Order No. 34 (2006), encourages every construction
					 contractor and goods and services contractor to afford equal opportunity for
					 minority- and women-owned business enterprises to participate in the purchasing
					 and procurement opportunities available through the schools construction
					 program.
New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 39 - EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION RULES › Subchapter 1 - GENERAL PROVISIONS › Section 19:39-1.3 - Application

Current through Register Vol. 56, No. 14, July 15, 2024
This chapter applies to any firm which enters into or
					 offers to enter into a goods and services or construction contract with the
					 Authority.