N.J. Admin. Code § 17:19-2.5

Current through Register Vol. 56, No. 9, May 6, 2024

Section 17:19-2.5 - Performance evaluation

(a) For any firm proposing to submit bids on public work requiring the DPMC classification, a Final Project Performance Evaluation (FPPE) shall be determined. The FPPE shall be calculated pursuant to the following provisions:

1. For any firm that has no prior public work experience with the State, the performance multiplier, as defined in 17:19-2.8, shall be based on an evaluation of the firm's references and past experience, as identified in the firm's DPMC-27. The DPMC may require that the owner or his or her representative certify that the projects/contracts referenced by the firm have been completed in a satisfactory manner or all contract obligations have been met.

2. For any firm that has prior public work experience with the State, the performance multiplier shall be based on the project evaluations submitted to the DPMC by any State agency, to the extent that the evaluations comply with the following criteria:

i. The State agency reviewed the performance of each of the prime contractors on a public work project periodically throughout the duration of the project. One or more persons directly involved in the management, supervision or inspection of the project shall make these interim performance reviews;

ii. Interim performance reviews shall be presented on a standardized performance review form approved by the DPMC; and

iii. Interim performance reviews will be based on the following factors:

(1) Quality of work;

(2) Scheduling;

(3) Management;

(4) Cost control/change orders;

(5) Safety/industrial hygiene;

(6) Subcontractors;

(7) Close-out; and

(8) Other factors affecting a firm's performance;

iv. Interim reviews on incomplete projects may be included in the FPPE at the time of classification.

(b) A firm's challenge to a FPPE shall not be conducted as part of the classification or bidding process but must proceed pursuant to 17:19-5.2(a)3.

(c) The Director may establish special evaluation criteria for certain projects.

(d) In making a responsibility determination the DPMC may consider performance reviews (both interim and final) submitted by non-DPMC bidding entities in any format acceptable to the DPMC.

N.J. Admin. Code § 17:19-2.5

Amended by R.2000 d.76, effective 2/22/2000.
See: 31 N.J.R. 4237(a), 32 N.J.R. 712(a).
In (a) and (c), substituted references to the DPMC for references to the DBC; and in (b), rewrote the introductory paragraph.
Amended by R.2003 d.252, effective 6/1/2003, change upon adoption effective 7/7/2003.
See: 35 N.J.R. 1701(a), 35 N.J.R. 2881(a).
In (b), amended N.J.A.C. reference.
Amended by R.2008 d.363, effective 12/1/2008.
See: 40 N.J.R. 3959(a), 40 N.J.R. 6825(a).
Section was "Performance ratings". Rewrote (a); in (b), substituted "FPPE" for "project evaluation", inserted "or bidding", and updated the N.J.A.C. reference; and added (d).