New Jersey Administrative Code › Title 19 - OTHER AGENCIES › NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY › Chapter 38B - PROCEDURES FOR PRICE AND OTHER FACTORS PROCUREMENT OF CONSTRUCTION CONTRACTS FOR NEW SCHOOL FACILITIES PROJECTS › Subchapter 1 - GENERAL PROVISIONS › Section 19:38B-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings unless the context clearly indicates
					 otherwise.
"Act" means the Educational Facilities Construction and
					 Financing Act,
					 P.L.
					 2000, c. 72
					 (18A:7G-1 et seq.), as amended,
					 and P.L.
					 2007, c. 137, which
					 authorizes the school construction program.
"Aggregate rating" means the limit of the outstanding
					 dollar value of all contracts, public and private, which a firm may perform at
					 a given time as assigned by the New Jersey Schools Development Authority's
					 Notice of Prequalification in effect at the time of the contractor's bid which
					 shall be identical to that which is assigned by the New Jersey Department of
					 the Treasury, Division of Property Management and Construction. Should the
					 Division of Property Management and Construction modify a firm's aggregate
					 rating after the Authority has issued a Notice of Prequalification, the
					 aggregate rating issued by the Authority is considered modified to be identical
					 to that of the Division of Property Management and Construction.
"Authority" or "SDA" means the New Jersey Schools
					 Development Authority, an entity formed pursuant to
					 P.L.
					 2007, c. 137, as
					 successor to the New Jersey Schools Construction Corporation. The Authority is
					 statutorily charged with undertaking and funding school facilities projects
					 pursuant to the Act.
"Best value selection" means a selection process in which
					 consideration is given to both a price proposal and a technical proposal, and
					 the award of the contract is based upon a combination of price and qualitative
					 considerations.
"Bid" means the technical proposal and the price
					 proposal.
"Bidder" or "firm" means a contractor that submits a
					 response to a request for proposals for a construction procurement under this
					 chapter.
"Board" means the governing body of the Authority,
					 consisting of the members of the Authority as outlined in
					 52:18A-237.
"Construction documents" means the plans, specifications
					 and other documents which set forth in detail the design for, and other
					 necessary requirements relating to, the construction of the school facilities
					 project.
"Construction manager" or "CM" means the person or firm
					 engaged by the Authority to act as the Authority's representative for the
					 school facilities project and to provide construction management services, in
					 connection with construction of the project.
"Contract" means the written, integrated agreement between
					 the Authority and the contractor setting forth the obligations of the parties,
					 including, but not limited to, the performance of work and the basis of
					 payment. The contract includes the construction documents.
"Contract milestones" means the dates identified in the
					 contract by which the contractor must complete certain critical activities to
					 advance the project.
"DCA" means the New Jersey Department of Community
					 Affairs.
"Emergent project" means a capital project necessitating
					 expedited review and, if applicable, approval, in order to alleviate a
					 condition that, if not corrected on an expedited basis, would render a building
					 or facility so potentially injurious or hazardous that it causes an imminent
					 peril to the health and safety of students and staff, as defined by
					 6A:26-1.2.
"Key team member" means an individual identified by a
					 bidder in the response to the RFP and made part of the contract as having a
					 responsible role in the successful completion of the school facilities
					 project.
"New Jersey Workers' Compensation Insurance Experience
					 Modification Rate" or "EMR" means the adjustment factor calculated by the New
					 Jersey Compensation Rating and Inspection Bureau (NJCRIB) for each individual
					 employer based upon the record of payrolls expended and losses incurred during
					 a three-year experience period. It provides a method of comparing the injury
					 record of an individual employer with the standard performance of an average
					 employer of the same size and industry type. The EMR is used by insurers for
					 pricing of the employer's workers' compensation insurance and adjusts the
					 premium so as to reward or penalize the employer for the relative success of
					 his efforts to control the frequency and severity of work injuries.
"Notice of Award" means a notice from the Authority to the
					 bidder issued prior to award, setting forth the Authority's intention to enter
					 into a contract with the bidder.
"Notice of Prequalification" means the letter from the
					 Authority notifying a firm that it has secured Authority prequalification for
					 the applicable period.
"Prequalification" means the Authority's approval of a firm
					 to bid on Authority projects, pursuant to N.J.A.C. 19:38A.
"Project Rating" or "Project Rating Limit" means the
					 maximum amount a firm may bid on any individual school facilities package based
					 upon the information contained within a firm's Project Rating Proposal.
"Project Rating Proposal" means that part of the bidder's
					 submittal in response to the RFP that provides the information to allow the
					 Authority to calculate a Project Rating for the bidder.
"Protest" means a challenge to a decision, statement,
					 action or omission of the Authority.
"Ranking" means the process of listing responsive bidders
					 in order of highest to lowest total scores, based upon selection criteria set
					 forth in the RFP.
"Request for proposals" or "RFP" means the document issued
					 by the Authority that describes the procurement process and forms the basis for
					 the technical submittals.
"School facilities project" means the planning,
					 acquisition, demolition, construction, improvement, alteration, modernization,
					 renovation, reconstruction, or capital maintenance of all or any part of a
					 school facility or of any other personal property necessary for, or ancillary
					 to, any school facility, and shall include fixtures, furnishings, and
					 equipment, and shall also include, but is not limited to, site acquisition,
					 site development, the services of design professionals, such as engineers and
					 architects, construction management, legal services, financing costs and
					 administrative costs and expenses incurred in connection with the
					 project.
"SDA school district" means a school district that received
					 education opportunity aid or preschool expansion aid in the 2007-2008 school
					 year, as defined at
					 P.L.
					 2007, c. 260,
					 §39 (18A:7G-3 ).
"Selection committee" means the group(s) responsible for
					 review and evaluation of bidders' submissions in response to an RFP in
					 connection with a procurement of a contractor for a school facilities
					 project.
"Selection coordinator" means the administrator of the
					 operations and procedures of the selection process, whose activities shall
					 include, but are not limited to, scheduling of meetings, preparing agendas,
					 recording scores, verifying submittal information, preparing minutes of
					 selection committee meetings, and other similar administrative duties.
"Small business enterprise" or "SBE" means a firm that is
					 registered as a "small business" with the New Jersey Department of the
					 Treasury, Division of Minority and Women Business Development pursuant to
					 17:14-3.1.
"Specification" means a written description included as
					 part of the construction documents setting forth the detailed technical and
					 functional characteristics of, or the discrete design for, an item of material,
					 equipment or work to be incorporated into the school facilities project, or a
					 requirement of the work to be performed. A specification may include a
					 statement of any of the Authority's requirements and may provide for
					 inspection, testing or the preparation of a construction item before
					 procurement. Specifications shall augment and complement the drawings and plans
					 prepared by the Authority's design consultant.
"Submittal" means the response to a request for proposals,
					 and may include the technical submittal or price proposals, as indicated in the
					 text.
"Substantial completion" means that point in time in the
					 progress of the school facilities project when certain conditions specified by
					 the contract have occurred, including, but not limited to, the issuance of a
					 temporary certificate of occupancy, the creation of a punch list, and the
					 determination that the school facilities project is ready for occupancy in
					 accordance with its intended use.
"Technical submittal" means that portion of a response to a
					 request for proposals which documents the bidder's submission of information to
					 address evaluation factors other than price.
"Weighted criteria process" means a form of best value
					 selection in which a percentage of evaluation weight is pre-established for
					 qualitative factors and for price, and the award of a contract is based upon
					 the highest total points earned by a bidder.
"Work" means the furnishing of all labor, services,
					 materials, equipment, tools, transportation, supplies, and other incidentals to
					 be furnished, provided, or performed by a contractor as required by the
					 contract documents, including all efforts necessary and appropriate to complete
					 the construction, as described in and reasonably inferable from the
					 construction documents and the contract.