N.J. Admin. Code § 19:36-1.2
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.
"Act" means the Educational Facilities Construction and Financing Act, P.L. 2000, c. 72 (18A:7G-1 et seq.), as amended, and P.L. 2007, c. 137, which authorizes the school construction program.
"Best value selection" means a selection process in which consideration is given to both a price proposal and a technical proposal, and the award of the design-build contract is based upon a combination of price and qualitative considerations.
"Bidder" means any legal entity classified by the Department of the Treasury, Division of Property Management and Construction, and prequalified by the Authority, that may submit an offer in response to a request for qualifications or request for proposals for an award of a design-build contract.
"Board" means the governing body of the Authority, consisting of the members of the Authority, as outlined in 52:18A-237.
"Bridging architect" means the firm employing persons duly licensed and registered in the State of New Jersey to practice architecture or engineering, which firm may be engaged by the Authority to develop preliminary design work and performance criteria, as well as provide other services, such as construction administration services, in connection with the design and construction of the school facilities project.
"Commissioner" means the Commissioner of the Department of Education.
"Compensation" means payment(s) due to the design-builder for services rendered or work performed or pursuant to the design-build contract.
"Construction documents" means the plans, specifications and other documents prepared by the design-builder that set forth in detail the design for, and other necessary requirements relating to, the construction of the school facilities project, based on the requirements set forth in the design-build information package.
"Construction manager" or "CM" means the firm that may be engaged by the Authority to act as the Authority's representative for the school facilities project and to provide construction management services, in connection with construction of the project.
"Contract milestones" means the dates identified in the school facilities project schedule by which the design-builder must complete certain critical activities to advance the project.
"DCA" means the New Jersey Department of Community Affairs.
"Deliverables" means any documents required to be produced by, or work product generated by the design-builder, pursuant to the design-build contract.
"Department" means the New Jersey Department of Education.
"Design-build contract" means the written, integrated agreement between the Authority and the design-builder setting forth the obligations of the parties, including, but not limited to, the performance of work and services and the basis for payment.
"Design-build information package" means the package of information that is included in the RFP, which sets forth the minimum design requirements, performance specifications, and other project requirements, for the purpose of furnishing sufficient information so that bidders may prepare technical and price proposals.
"Design-build project delivery" means a project delivery method that combines all or some portions of the design and construction phases of a school facilities project into a single contract, including, without limitation, design, regulatory permit approvals, and utility relocation and construction.
"Design-builder" means the entity contractually responsible for delivering the design and construction and, if applicable, other services for the school facilities project in accordance with the design-build contract.
"Development Authority," "Authority" or "SDA" means the New Jersey Schools Development Authority, an entity which is statutorily charged with undertaking and funding school facilities projects under the Act and which is the entity formed pursuant to P.L. 2007, c. 137, as successor to the New Jersey Schools Construction Corporation.
"Guaranteed maximum price" or "GMP" means a method of compensation for the design-builder, including, but not limited to, the design-builder's fee, the costs of all work, and any other prices, as set forth in accordance with the design-build contract, which is the maximum price the Authority shall pay the design-builder.
"Key team member" means an individual identified as having a responsible role in the successful completion of the design-build contract, in the bidder's response to the Authority's RFQ or RFP, which response is made part of the contract.
"Legal requirements" means all applicable Federal, State and local laws, acts, statutes, ordinances, codes, executive orders, rules and regulations in effect or hereinafter promulgated that apply to the design-builder's performance of services or work under the agreement, including, but not limited to, the current versions of the Building Design Services Act, the New Jersey Uniform Construction Code, the DCA Homeland Security Best Practices Standards for Schools under Construction or Being Planned for Construction, the Occupational Safety and Health Act of 1970, the Soil, Erosion and Sediment Control Act, as well as any requirements of local or national authorities having jurisdiction over the project, as applicable.
"Notice of award" or "NOA" means a written notice from the Authority to the bidder prior to award, setting forth the Authority's intention to enter into a design-build contract with the bidder.
"Notice to proceed" means a written notice from the Authority setting the commencement date on which the design-builder is authorized to commence performing services and work pursuant to the design-build contract.
"Performance specifications" means a document provided in the design-build information package, setting forth a description of an end result, objective or standard of performance that the design-builder is expected to achieve in designing and constructing the project.
"Prequalification" means the approval of a bidder by the Authority, pursuant to N.J.A.C. 19:38A, for the submission of a statement of qualifications and proposals for a design-build contract. The prequalification process is separate from short listing as elsewhere provided in this chapter.
"Prescriptive specifications" means a document provided in the design-build information package that contains a description of the materials to be employed and/or the manner in which the work is to be performed that the design-builder is required to follow.
"Price proposal" means the price submitted by the bidder to provide the required design and construction and other services described in the RFP, which may be submitted in the form of a GMP, if so required by the RFP.
"Professional services consultants" or "consultants" means the architect, engineer, land surveyor, or other individual or professional firm providing services related to its respective occupation, which require unique professional or technical skills, licenses, or other credentials, which services are associated with research, development, design, construction, construction administration, alteration, or improvement to real property, as well as incidental services that members of these professions and those in their employ may logically or justifiably perform. These professional services consultants may provide services including, but not limited to, studies (including feasibility studies), investigations, surveys, evaluations, consultations, appraisals, planning, programming, conceptual designs, plans and specifications, cost estimates, construction management, inspections, submittal reviews, testing, commissioning, provision of insurance, preparation of operating and maintenance manuals, and other related services, and shall include those consultants who provide "professional architectural, engineering, or land surveying services" within the meaning of 52:34-9.2.
"Protest" means a challenge to a decision, statement, action, or alleged inaction of the Authority.
"Punchlist" means the list of incomplete or defective work, including work that does not comply with applicable code or legal requirements, to be performed or remedied by the design-builder. Punchlist(s) shall be prepared by the bridging architect in conjunction with the Authority and CM prior to the issuance of the certificate of substantial completion.
"Ranking" means the process of listing responsive bidders in order of highest to lowest total scores, based upon selection criteria set forth in the RFQ and/or RFP.
"Request for proposals" or "RFP" means the document issued by the Authority in the second phase of a two-phase selection process that describes the procurement process and forms the basis for the design-build proposals.
"Request for qualifications" or "RFQ" means the document advertised by the Authority in the first phase of the two-phase selection process that describes the school facilities project in enough detail to allow potential bidders to determine if they wish to compete for a design-build contract and that requests information from bidders regarding the qualifications, experience, and organizational structure of the bidder's proposed design-build team, which information can be used by the Authority to select a short list of bidders to compete for a design-build contract.
"Schedule" means the schedule prepared and submitted by the bidder in its technical proposal to the Authority, wherein the bidder identifies all critical, and certain non-critical, activities, contract milestones and the projected and actual time periods for completing such activities and contract milestones.
"School facilities project" means the planning, acquisition, demolition, construction, improvement, alteration, modernization, renovation, reconstruction, or capital maintenance of all or any part of a school facility or of any other personal property necessary for, or ancillary to, any school facility, and shall include fixtures, furnishings, and equipment, and shall also include, but is not limited to, site acquisition, site devel[]opment, the services of design professionals, such as engineers and architects, construction management, legal services, financing costs and administrative costs and expenses incurred in connection with the project.
"SDA school district" means a school district that received education opportunity aid or preschool expansion aid in the 2007-2008 school year, as defined at P.L. 2007, c. 260, §39 (18A:7G-3 ).
"Selection coordinator" means the administrator of the operations and procedures of the selection process, whose activities shall include, but are not limited to, scheduling of meetings, preparing agendas, recording scores, verifying submittal information, preparing minutes of selection committee meetings, and other similar administrative duties.
"Short listing" or "short-listed" means the narrowing of the field of bidders through the selection of bidders who are evaluated on qualification factors other than price, as indicated in the RFQ, and whose proposals are judged most advantageous to the Authority in terms of qualifications other than price.
"Specification" means a written description included as part of the construction documents, which sets forth the detailed technical and functional characteristics of, or the discrete design for, an item of material, equipment, or work to be incorporated into the school facilities project, or a requirement of the work to be performed. A specification may include a statement of any of the Authority's requirements and may provide for inspection, testing, or the preparation of a construction item before procurement. Specifications shall augment and complement the drawings and plans prepared by the design-builder.
"Statement of qualifications" or "SOQ" means the document(s) submitted by bidders in response to an RFQ that describes the qualifications and capabilities of the bidder and its key team members to perform the scope of services to be included in a design-build contract.
"Stipend" means a monetary amount which may be paid to unsuccessful bidders.
"Substantial completion" means that point in time in the progress of the school facilities project when certain conditions specified by the design-build contract have occurred, including, but not limited to, the issuance of a temporary certificate of occupancy, the creation of a punchlist, and the determination that the school facilities project is ready for occupancy in accordance with its intended use.
"Technical evaluation committee" means a selection committee comprised of a majority of Authority representatives and an SDA school district representative(s) who are responsible for reviewing and evaluating responses by bidders to an RFQ and RFP.
"Technical proposal" means that portion of a design-build proposal which contains design solutions and other qualitative factors that are provided in response to an RFP.
"Two-phase selection process" means a procurement process in which the first phase consists of short listing, based on qualifications submitted in response to an RFQ, and the second phase consists of the submission of price and technical proposals in response to an RFP.
"Uniform Construction Code" means the New Jersey Uniform Construction Code, as set forth in N.J.A.C. 5:23, and all applicable subcodes, as such codes are amended from time to time.
"Weighted criteria process" means a form of best value selection in which a percentage of evaluation weight is pre-established for qualitative factors and for price, and the award of a design-build contract is based upon the highest total points awarded to a bidder.
"Work" means all design and construction services performed by the design-builder and its team, including providing all material, equipment, tools and labor, necessary to complete the construction, as described in and reasonably inferable from the construction documents and the design-build contract.
N.J. Admin. Code § 19:36-1.2
See: 44 N.J.R. 1318(a), 45 N.J.R. 752(a).
Rewrote definitions "Act", "Best value selection", "Bridging architect", " 'Construction manager' or 'CM' ", "Design-build contract", "Design-build information package", "Design-build project delivery", " 'Development Authority,' 'Authority' or 'SDA' ", " 'Guaranteed maximum price' or 'GMP' ", "Key team member", "Performance specifications", "Prequalification", "Prescriptive specifications", "Price proposal", " 'Request for qualifications' or 'RFQ' ", "Schedule", "SDA school district" , " 'Short listing' or 'short-listed' ", "Specification", " 'Statement of qualifications' or 'SOQ' ", "Stipend", "Substantial completion", "Technical evaluation committee", "Technical proposal", "Weighted criteria process" and "Work"; deleted definitions "DCA building permit" and "Offeror"; added definitions "Bidder", "Board", "Commissioner", "Protest", "Ranking" and "Selection coordinator"; substituted definition " 'Notice of award' or 'NOA' " for definition "Notice of award" and definition " 'Professional services consultants' or 'consultants' " for definition " 'Professional consultants"; and rewrote definitions " 'Notice of award' or 'NOA' " and " 'Professional services consultants' or 'consultants' ".