N.J. Admin. Code § 19:36-5.1

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

Section 19:36-5.1 - Criteria for payment of stipend

(a) At the discretion of the Authority, a stipend may be paid to eligible bidders who submit responsive but unsuccessful proposals in response to the RFP. The decision to do so shall be based on the Authority's analysis of the estimated proposal development costs, the complexity of the school facilities project, and the anticipated degree of competition during the procurement process. The purpose of the stipend is to encourage competition by offering to compensate responsive, but unsuccessful bidders, for a portion of the estimated proposal development costs.

(b) The terms and conditions for the payment of a stipend shall be included in the RFP.

(c) Whether or not a stipend is provided to an unsuccessful bidder, submission of a technical proposal by a bidder shall indicate the bidder's agreement and consent that the work produced within that bidder's technical proposal shall be provided to the Authority for its use in connection with the design-build contract awarded, or in connection with a subsequent procurement, without obligation to pay any additional compensation to the unsuccessful bidder.

(d) Bidders submitting a response to the RFP which is determined by the Authority in its sole discretion to be non-responsive or irregular, pursuant to 19:36-4.7, will not be entitled to a stipend.

N.J. Admin. Code § 19:36-5.1

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), substituted "bidders" for "offerors" twice, inserted a comma following "project", and deleted "and as consideration for the future use of the offeror's work product by the Authority" from the end; rewrote (c); and in (d), substituted "Bidders" for "Offerors".