N.J. Admin. Code § 16:72-4.1

Current through Register Vol. 56, No. 17, September 3, 2024

Section 16:72-4.1 - Solicitation of design-build projects

(a) The solicitation of design-build projects may be by the issuance of an Invitation for Bid or a request for proposal, depending on the requirements of the specific project.

(b) As part of the solicitation for design-build projects, NJ TRANSIT may prescribe:

1. In the solicitation documents, essential project requirements in performance terms;

2. Criteria by which proposals will be evaluated by NJ TRANSIT;

3. The process that leads to contract award for design and construction services and, where applicable, maintenance and operation and finance of a project based on a firm schedule required by NJ TRANSIT; and

4. That members of a design-build team presented by the firm selected for award may be modified or substituted after the evaluation procedure is completed, but new or substituted members must be submitted to NJ TRANSIT prior to the execution of the contract, with supporting information as required by NJ TRANSIT. A prospective contractor will not be permitted to execute the contract with NJ TRANSIT until NJ TRANSIT deems the new or substituted member qualified. No modifications or substitutions to the design-build team will be permitted beyond execution of the contract for work and completion of design, except for exigent circumstances beyond the control of the contractor within the discretion of NJ TRANSIT.

(c) NJ TRANSIT may, within its discretion, depending upon the complexity and size of the project, prescribe payment of a lump sum stipend to those bidders/proposers, with satisfactory qualifications and a demonstrated technically satisfactory approach deemed to be within the competitive range of a two-step procurement process in order to:

1. Encourage quality teams to participate;

2. Provide some modicum of financial relief to offset costs of developing a preliminary design;

3. Motivate firms to achieve innovations and adequately develop designs and a competitive bid price;

4. Any bidder/proposer that accepts a stipend shall transfer all ownership and rights in the bidder's/proposer's design to NJ TRANSIT for use in this project. No stipend shall be paid to the firm that is awarded and executes a contract for the project. In order for a bidder/proposer to receive payment of a stipend, the bidder/proposer must have submitted a responsive and responsible complete proposal, including price. The NJ TRANSIT Board of Directors may prescribe limits as to the amount of the stipend to be paid to each bidder/proposer qualified to participate in the second stage, depending upon the size and complexity of the project and may limit the number of stipends to be paid per design-build contract.

(d) Notwithstanding the two-step solicitation process, NJ TRANSIT may also utilize a special prequalification process before the first step begins.

N.J. Admin. Code § 16:72-4.1

Adopted by 51 N.J.R. 1209(b), effective 7/15/2019