N.J. Admin. Code § 16:72-1.2
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:
"Affiliates" means persons having an overt or covert relationship such that any one of them directly or indirectly controls or has the power to control another.
"Bid security" means a guarantee, in the form of a bond or deposit consisting of a cashier's check, certified check or irrevocable letter of credit that the bidder, if selected, will accept the contract as bid; otherwise, the bidder or its guarantor will be liable for the amount of the loss suffered by NJ TRANSIT, which loss may be partially or completely recovered by NJ TRANSIT in exercising its rights against the bond or deposit.
"Bidder" or "proposer" means any person, firm, corporation, or other entity that provides, or offers or proposes to provide, goods or services to, or performs, any contract for NJ TRANSIT.
"Chief Procurement Officer" means the person responsible for the management and administration of the procurement, purchasing, materials management, and central intake for NJ TRANSIT.
"Contracting" means any arrangement giving rise to an obligation to supply anything or perform any service for NJ TRANSIT, other than by virtue of employment, or to supply anything to or perform any service for a private or public person where NJ TRANSIT provides substantial financial assistance and retains the right to approve or disapprove the nature or quality of the goods or services or the persons who may supply or perform the same.
"Contracting officer" means the designee of the Executive Director authorized to execute contracts and make determinations regarding all aspects of the procurement and contracting process.
"Days" means calendar days unless otherwise specified.
"Debarment" means an exclusion from NJ TRANSIT contracting, on the basis of a lack of responsibility evidenced by an offense, failure or inadequacy of performance or lack of integrity, for a reasonable period of time commensurate with the seriousness of the offense, failure or inadequacy of performance or lack of integrity.
"Design-build (DB)" means a design-build project in which one single entity performs the design and construction for the project. The design-build firm may be a single firm, a joint venture, a general contractor, or a joint venture and an architect/engineer team.
"Design-build-finance-operate and maintain (DBFOM)" means a design-build project in which one single entity provides the financing, or a part thereof, for the project and performs the design and construction of a project, operates the project, and maintains the project for a specified period of time, all under one contract. The DBFOM may be a single firm, a joint venture, or a general contractor, or a joint venture and an architect/engineer team.
"Design-build project" means:
1. A project under which NJ TRANSIT enters into a contract with a seller, firm, or consortium of firms to design and build a public transportation system or an operable segment of such system; and
2. May include an option to finance, or operate and maintain for a period of time, the system or segment or any combination of designing, building, operating, or maintaining such system or segment.
In addition, "design-build project" also means a construction project under which NJ TRANSIT enters into a contract with a firm, or consortium of firms, both to design and construct a public transportation facility that is the subject of the project.
"Design-build-operate and maintain (DBOM)" means a design-build project in which one single entity performs the design and construction of a project, operates the project, and maintains the project for a specified period of time all under one contract. The DBOM may be a single firm, a joint venture, a general contractor, or joint venture and an architect/engineer team.
"Disqualification" means a debarment or suspension which denies or revokes a qualification to bid or otherwise engage in NJ TRANSIT contracting which has been granted or applied for pursuant to statute, or rules and regulations.
"Line item" means a procurement item specified in the solicitation for which the bidder is asked to give individual pricing information.
"NJ TRANSIT means the New Jersey Transit Corporation which was established by 27:25-1 et seq. and its subsidiaries.
"Payment bond" means a guarantee provided prior to execution of a contract in the form of a bond that the vendor will pay all of its obligations to its subcontractors and suppliers and that NJ TRANSIT subcontractors and suppliers will be protected from loss in the event that the vendor fails to make payment as agreed.
"Performance bond" means a guarantee, provided prior to execution of a contract, in the form of a bond that the successful bidder will complete the contract as agreed and that NJ TRANSIT will be protected from loss in the event the vendor fails to complete the contract as agreed.
"Person" means any natural person, company, firm, association, corporation, or other entity.
"Procurement" means the awarding of contracts for construction, alterations, supplies, equipment, repairs or maintenance, goods, or for rendering any services to NJ TRANSIT. "Procurement" shall include contracts that are awarded after advertisement, or other competitive process, as well as contracts that are awarded pursuant to N.J.A.C. 16:72-1.5(e) (procurement-by-exception).
"Procurement-by-exception" means a form of procurement in which the subject matter is excepted from the requirement of public advertisement.
"Publicly available," with respect to any procurement, either in printed or electronic format, means access to the record of any particular procurement or contract for review and/or copying, with the exception of any materials deemed by NJ TRANSIT to be proprietary, confidential, or subject to any privilege, or exclusion under the Open Public Records Act, N.J.S.A. 47:1A-1et seq., the common law, and/or U.S. copyright law.
"Suspension" means an exclusion from NJ TRANSIT contracting for a temporary period of time, pending the completion of an investigation or legal proceedings.
"Term contract" means a contract in which a source or sources of supply are established for a specified period of time, usually characterized by an estimated or definite minimum quantity, with the possibility of additional requirements beyond the minimum, all at a predetermined unit price.
"Vendor" or "contractor" means any person, firm, corporation or other entity which provides or offers or proposes to provide goods or services to or perform any contract for NJ TRANSIT.
N.J. Admin. Code § 16:72-1.2