N.J. Admin. Code § 19:36-4.6

Current through Register Vol. 56, No. 11, June 3, 2024

Section 19:36-4.6 - Selection process

(a) The Authority shall issue an RFP for the school facilities project to the bidders who were short listed in the phase one RFQ process.

(b) The Authority may provide for a pre-proposal conference at a designated date, time, and location at which bidders that have been short listed may ask questions and seek clarification concerning any of the information, data, or documents contained within the RFP. Pre-proposal conferences may be mandatory or optional, as stated in the RFP.

(c) The RFP shall require the submission of a proposal in two separate parts: a technical proposal and a price proposal. The technical and price proposals shall be evaluated separately, in accordance with the evaluation factors and process set forth in the RFP. The evaluation factors may include, but need not be limited to, design concepts, management approach, proposed technical solutions, and the other factors listed at 52:18A-243(d), as applicable.

(d) The technical proposal shall include preliminary design drawings, outline specifications, technical reports, calculations, permit requirements, a management plan, schedule and other information and/or data requested in the RFP.

(e) The price proposal shall be submitted in a separate sealed envelope and shall provide a price for all design services and construction work required to complete construction of the school facilities project. If required by the RFP, the price shall be submitted in the form of a guaranteed maximum price for all design and construction of the school facilities project. The envelope containing the price proposal shall indicate clearly that it is the price proposal and shall identify the bidder's name, project number, and any other information required by the RFP. The price proposals shall remain sealed until such time as provided in (g) below.

1. Each price proposal shall be accompanied by a bid bond as specified in the RFP.

2. The Authority shall examine all documents required to be submitted with the technical proposal for completeness and conformity with the requirements of the RFP. If the Authority determines that a technical proposal received must be rejected as non-responsive, it shall notify the bidder in writing of the rejection of its proposal and the reason for the rejection within 10 business days of its receipt, unless there are circumstances that require additional time.

3. The submission of technical and price proposals is conclusive evidence that the bidder has completely reviewed the RFP and the design-build contract and fully understands and agrees to all of the requirements, terms, and conditions set forth therein.

(f) The technical evaluation committee may conduct interviews with each bidder prior to ranking the bidders. The technical evaluation committee shall evaluate each technical proposal in accordance with the evaluation criteria and the weight assigned to each, as set forth in the RFP. The technical review committee shall then total and submit the scores for each technical proposal to the selection coordinator.

(g) After the technical proposals have been reviewed and scores are submitted, Authority staff shall open the price proposals and assign the maximum price points to the lowest total dollar proposal. All other responsive proposals shall be scored based upon the percentage that each proposal exceeds the lowest proposal.

1. The Authority shall examine all documents required to be submitted with the price proposal for completeness and conformity with the requirements of the RFP.

2. The bidder shall show all amounts in words and figures. In the event of a discrepancy between the words and figures, the amount shown in words shall govern.

3. If the Authority determines that a price proposal received must be rejected as being non-responsive, it shall notify the bidder in writing of the rejection of its proposal as being non-responsive and the reason for the rejection within five business days of the opening of price proposals, unless there are circumstances that require additional time.

(h) The selection coordinator shall determine the combined scores for each bidder based on their technical and price proposals, with consideration of price at least equal to the consideration given to all other factors. The bidder with the highest overall score shall be recommended to the Board of the Authority for an award of the design-build contract. If the recommendation is approved, the Authority will notify the successful design-builder.

N.J. Admin. Code § 19:36-4.6

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), (b), and (f), substituted "bidders" for "offerors"; in (b), inserted a comma following "time" and "data"; in (c), inserted "separate" preceding "parts", deleted "separate" preceding the first occurrence of "price" and inserted a comma following "solutions"; rewrote the introductory paragraph of (e); in (e)1, substituted "bid" for "proposal"; in (e)2, (e)3, (f) and (h), substituted "bidder" for "offeror" throughout; in (f), substituted "selection coordinator" for "Authority's Senior Director of Procurement Services"; rewrote (g); and in (h), substituted "selection coordinator" for "Senior Director of Procurement Services".