N.J. Admin. Code § 17:49-3.2

Current through Register Vol. 57, No. 1, January 6, 2025

Section 17:49-3.2 - Pre-qualification of construction contractors, counsel, and design professionals

(a) Contractors, including subcontractors, construction managers, and design-build teams (including design-build contractors and design professionals) shall be, at a minimum, registered pursuant to N.J.S.A. 34:11-56.48et seq., and be classified by the Division of Property Management and Construction pursuant to N.J.S.A. 52:35-1et seq., and N.J.A.C. 17:19- 2, or be pre-qualified by the Department of Transportation, New Jersey Transit, or New Jersey Turnpike authority, as appropriate. Design professionals, including architectural and engineering professionals shall be pre-qualified by the Division of Property Management and Construction pursuant to N.J.S. A. 52:34-9.1 et seq., and N.J.A.C. 17:19-3, or be pre-qualified by the Department of Transportation, New Jersey Schools Development Authority, New Jersey Transit, or New Jersey Turnpike Authority, as appropriate.

(b) Counsel to an entity, except a State government entity, shall possess the following minimum experience to provide legal representation and support for purposes of a public-private partnership agreement:

1. Experience as counsel or underwriter on at least three complex financial transactions, including public-private partnership agreements, in this State or any other state ;

2. Expertise in construction, land use, real estate development, lease, construction, and related financing; and

3. Where relevant, experience in highway or transportation projects, including financing of projects.

(c) All other professionals, including planners, financial advisors, and other consultants shall, at a minimum, have participated or worked on at least three public-private partnership agreements or complex lease or lease back arrangements or other complex transactions and possess relevant credentials for the task assigned.

(d) The qualifications of all professionals shall be provided to the State Treasurer as a part of the application process.

N.J. Admin. Code § 17:49-3.2

Adopted by 52 N.J.R. 898(a), effective 4/20/2020