Statutes, codes, and regulations
New Jersey Administrative Code
Title 19 - OTHER AGENCIESNEW JERSEY SCHOOLS DEVELOPMENT AUTHORITYChapter 38C - PROCUREMENT OF ARCHITECTS, ENGINEERS, LAND SURVEYORS, AND OTHER PROFESSIONAL SERVICES CONSULTANTS
Subchapter 5 - SELECTION PROCEDURES-AGREEMENTS EXCEEDING THE STATE BID THRESHOLD, AS ADJUSTED, PURSUANT TO N.J.S.A. 52:34-7b
Section 19:38C-5.7 - Consideration of fee proposals

N.J. Admin. Code § 19:38C-5.7

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Current through Register Vol. 57, No. 1, January 6, 2025
Section 19:38C-5.7 - Consideration of fee proposals
(a) In the event the fee proposal is one of the qualitative factors for the evaluation of the proposals, the Authority shall open the sealed fee proposals and assign the maximum points to the lowest total fee proposal. All other proposals shall be scored based upon the percentage that each proposal exceeds the lowest proposal. The scores of the fee proposals shall then be utilized to finalize the ranking undertaken by the selection committee, pursuant to N.J.A.C. 19:38C-5.5(d).
(b) In the event the fee proposal is not a qualitative factor for the evaluation of the proposal, the Authority shall open the sealed fee proposals at a predetermined date and time after the final ranking has been prepared. Using the fee proposals as a guide, the Authority shall negotiate an agreement with the highest-ranked consultant at a fee determined by the Authority to be fair and reasonable. Should the Authority be unable to negotiate a satisfactory fee with the highest-ranked consultant, the Authority shall terminate negotiations with the highest-ranked consultant, and may then terminate the procurement or may then undertake negotiations with the second-highest ranked consultant. Failing accord with the second highest-ranked consultant, the Authority shall terminate negotiations with the second highest-ranked consultant and may then terminate the procurement or may undertake negotiations with the third highest-ranked consultant. In the event that the Authority is unable to agree to a satisfactory fee with any of the three highest-ranked firms, the Authority may select additional consultants in the order of their ranking and continue negotiations, until either an agreement is reached or the procurement is canceled or terminated.

N.J. Admin. Code § 19:38C-5.7

Amended by R.2012 d.085, effective 5/7/2012.
See: 43 N.J.R. 3153(a), 44 N.J.R. 1551(a).
Section was "Evaluation of fee proposals". Added (a); inserted designation (b); and rewrote (b).