N.J. Admin. Code § 19:38A-2.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 19:38A-2.1 - Requirement to be prequalified

(a) For Authority-managed projects, a contractor or professional services consultant that desires to submit bids or proposals for school contracts is required to be prequalified by the Authority pursuant to this chapter. A contractor must be SDA prequalified, including having complied with 19:38A-3.1 regarding obtaining a DPMC Classification as of the due date for the submission of the Project Rating Proposal. A professional services consultant must be SDA prequalified, including having complied with 19:38A-3.1 regarding obtaining a DPMC Prequalification, by the time specified in N.J.A.C. 19:38C for the appropriate category of contract.

(b) For Authority-managed projects, all subcontractors required to be named in the bid, whether pursuant to 52:18A-243, the advertisement for the specific contract, or the contract documents, are required to be SDA prequalified pursuant to these regulations, including having complied with 19:38A-3.1 regarding obtaining a DPMC classification, prior to the submission of the Price Proposal. All subconsultants required to be named in the proposal are required to be SDA prequalified, including having complied with 19:38A-3.1 regarding obtaining a DPMC prequalification, by the time specified in the request for proposals.

(c) For Authority-managed projects, in addition to the requirements of (a) and (b) above:

1. All subcontractors of any tier in the trades listed in this paragraph, engaged in subcontracts valued at $ 500,000 or more, whether required to be named in the bid or not, are required to be prequalified by the Authority pursuant to this chapter. Such subcontractors must be SDA prequalified, including having complied with 19:38A-3.1 regarding obtaining a DPMC Classification, prior to performing the work. These subcontractor trades are:

i. Construction Manager as Constructor;

ii. Design Build;

iii. General Construction;

iv. General Construction/Alterations and Additions;

v. Concrete/Foundation/Footings/Masonry work;

vi. Demolition;

vii. Structural Steel and Ornamental Iron;

viii. Plumbing;

ix. Heating, Ventilation and Air Conditioning;

x. Sprinkler Systems;

xi. Electrical;

xii. Roofing-Membrane EPDM;

xiii. Roofing-Membrane PVC/CPE/CSPE;

xiv. Roofing-Membrane Modified Bitumen;

xv. Roofing-Urethane;

xvi. Roofing-Built Up;

xvii. Roofing-Metal;

xviii. Roofing-Tile/Slate/Shingles;

xix. Asbestos Removal/Treatment;

xx. Asbestos Removal/Mechanical; and

xxi. Lead Paint Abatement; and

2. All subconsultants of any tier in the disciplines listed in this paragraph, engaged in subcontracts valued at $ 500,000 or more, whether required to be named in the proposal or not, are required to be prequalified by the Authority pursuant to this chapter. Such subconsultants must be SDA prequalified, including having complied with 19:38A-3.1 regarding obtaining a DPMC Prequalification, prior to performing the work. These subconsultant disciplines are:

i. Architecture:

ii. Engineering (electrical, HVAC, plumbing, civil, structural and environmental);

iii. Land Surveying;

iv. Asbestos Safety Control Monitoring;

v. Materials Testing Laboratories; and

vi. Construction Management.

(d) For school facilities projects undertaken by a school district and funded under 18A:7G-15, a contractor or construction management firm that wishes to be able to submit bids or proposals for school contracts above the bid threshold specified in 18A:18A-3 is required to be prequalified by the Authority pursuant to this chapter. A contractor or construction management firm must be prequalified prior to the submission of its bid or proposal. Subcontractors in the trades specified in 18A:18A-18 must be prequalified prior to entering into the subcontract.

(e) For the following types of projects, the prequalification requirements shall be the same as for Authority-managed projects:

1. Community early childhood educational projects undertaken by the community provider pursuant to an agreement under N.J.S.A. 18A:7G-5s;

2. Demonstration projects undertaken pursuant to 18A:7G-6;

3. School facilities projects undertaken by a school district pursuant to an agreement under N.J.S.A. 18A:7G-13a; and

4. Projects to acquire, construct, or renovate temporary facilities undertaken pursuant to a funding agreement with the Authority.

(f) Neither the Authority nor any school district receiving funds pursuant to the Act shall contract for school facilities projects or pre-development activities with any contractor, professional services consultant, or construction management firm required to be prequalified by this chapter, unless that firm has been prequalified by the Authority. No contractor, professional services consultant, or construction management firm contracted for a schools facilities project or pre-development activity shall use on the project any subcontractor or subconsultant required to be prequalified by this chapter, unless that firm has been prequalified by the Authority at the time specified in this chapter. Any failure to comply with this chapter shall entitle the Authority to terminate or suspend its contract with the contractor, professional services consultant, or construction management firm or to terminate its payment of contract-related funds to the school district.

(g) If two or more firms which are individually DPMC classified or prequalified propose to form a joint venture for a school contract, each firm comprising the joint venture must be individually SDA prequalified in accordance with this chapter.

N.J. Admin. Code § 19:38A-2.1

Amended by R.2014 d.002, effective 1/6/2014.
See: 45 N.J.R. 1597(a), 46 N.J.R. 134(a).
Substituted "Authority-managed" for "Corporation-managed", "Authority" for "Corporation" and "SDA" for "SCC" throughout; in (b), substituted "52:18A-243" for "34:1B-5.7", and inserted a comma following "specific contract"; in (e)4, inserted a comma following "construct"; and in (f), inserted a comma following "consultant" throughout.