N.J. Admin. Code § 19:36-1.1

Current through Register Vol. 56, No. 12, June 17, 2024

Section 19:36-1.1 - Purpose and applicability of rules

(a) These rules are adopted by the New Jersey Schools Development Authority (the "Development Authority," "Authority" or "SDA") to establish requirements and procedures for the procurement of design-build contracts. section 4 of P.L. 2007, c. 137 confers broad powers on the Development Authority to enter into contracts for the "planning, design, construction, reconstruction, improvement, equipping, furnishing, operation, and maintenance" of a school facilities project. This statutory authority includes the procurement of design, construction, and other project-related services in one contract when the Authority determines that a single point of responsibility for a combination of these services is in the best interests of a school facilities project.

(b) These rules allow for the Authority to engage a design professional pursuant to N.J.A.C. 19:38C, as a "bridging architect," for the duration of the school facilities project, to prepare a design-build information package, which outlines the conceptual program, schematic design, and performance specifications to be followed by the design-builder, and review the work of the design-builder to ensure that the design meets the requirements of the Authority and the SDA school district. The rules further allow for the engagement of a construction manager (CM) by the Authority to serve as the Authority's representative during the school facilities project and provide such services as project oversight and reporting, value engineering services, and cost estimating.

(c) These rules provide for the Authority to select design-builders according to the proposals that are the most advantageous to the SDA, based upon a "best value selection" process premised on a combination of cost and qualitative factors, with consideration given to price at least equal to the consideration given to all other factors combined. The rules provide for the following two-phase selection process:

1. The public advertisement of a request for qualifications (RFQ) that describes the school facilities project, outlines the scope of work for the project and solicits responses outlining the qualifications of bidders; and

2. The issuance of a request for proposals (RFP) to a "short list" of bidders, selected on the basis of their responses to the RFQ, which outlines the criteria to be used for selection and the weight that will be given to each of these criteria in the evaluation process, and which solicits technical and price proposals.

(d) These rules further provide for a technical evaluation committee, comprised of representatives of the Authority and the SDA school district, to provide technical review and evaluation services, including evaluating and ranking the qualifications of bidders during the RFQ process and evaluating and scoring technical proposals submitted to the Authority in response to an RFP.

(e) Design-build project delivery offers the potential for such benefits as a shorter overall design and construction process, greater cost reliability and reduced risk through enhanced project coordination. In order to achieve such results, these rules provide the Authority with the flexibility to adjust the design-build process, for example, to vary the level of design in the initial design-build information package and/or select and weight the qualitative factors to be addressed in a technical proposal according to the specific needs and complexities of the school facilities project.

N.J. Admin. Code § 19:36-1.1

Amended by R.2013 d.053, effective 4/1/2013.
See: 44 N.J.R. 1318(a), 45 N.J.R. 752(a).
In (a), deleted "for a pilot program" following "procedures" and "for up to six school facilities projects" following the first occurrence of "contracts", inserted a comma following "operation" and the second occurrence of "construction", and deleted the last sentence; in (b), substituted "allow" for the first and second occurrences of "provide", substituted "engage" for "retain", inserted "pursuant to N.J.A.C. 19:38C", and deleted "pursuant to N.J.A.C. 19:38C," following " 'bridging architect,' "; in the introductory paragraph of (c), substituted "are the most advantageous" for "offer the 'best value' " and inserted " 'best value selection' process premised on a"; and in (c)1, (c)2 and (d), substituted "bidders" for "offerors".