N.J. Admin. Code § 19:9-2.9

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

Section 19:9-2.9 - Procedure for prequalification and award of contracts for other professional and consultative services

(a) This section shall apply to contracts for professional and consultative services that are not subject to N.J.A.C. 19:9-2.2(d), 2.3, 2.5, or 2.8. The Authority may use procurement processes other than those prescribed in this section if those processes have been approved by the Federal government or other State law, rule, or executive order, or if an emergency has been declared by the Executive Director.

(b) The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.

"Director" means the Director of Procurement and Materials Management, or his or her designee, or such other designee as approved by the Executive Director.

"Evaluation Committee" means the committee assigned to review proposals or qualifications for professional or consultative services, as designated by the Director and approved by the Executive Director, which shall include at least three persons who are sufficiently qualified to evaluate the strengths and weaknesses of the submissions. No voting or non-voting member of the Evaluation Committee shall have a personal interest, financial or familial in any of the firms, or the principals thereof, to be reviewed.

"Firm" means any individual, firm, partnership, corporation, association, joint venture, or other legal entity permitted by law to provide professional or consultative services in this State.

(c) In the event the Authority determines that it is necessary or advisable to retain professional or consultative services, advertisement for proposals or qualifications shall be placed in an appropriate newspaper or journal having a large circulation in the State, and any appropriate professional periodicals, and/or advertised on the Authority's website, www.nj.gov/turnpike, or through other electronic means. Such advertisements shall be published not less than seven calendar days preceding the date upon which the proposals or qualifications are to be received and opened. The advertisement shall refer interested parties to the Request for Proposals or Request for Qualifications (RFP/RFQ), which may be downloaded from the Authority's website at www.nj.gov/turnpike, or requested in writing from the Director by mail or electronic means.

(d) Upon receipt of proposals or qualifications, the Evaluation Committee shall review and evaluate the proposals or qualifications.

(e) Evaluation of proposals or qualifications received shall be as follows:

1. The proposals or qualifications shall be ranked by the Evaluation Committee on the basis of numerical scores resulting from weighted rating factors. These factors will be weighted in proportion to their relative importance on a contract-by-contract basis. In ranking proposals or qualifications, the Evaluation Committee may consider criteria including, but not limited to:

i. The background, qualifications, skills, and experience of the firm and its staff;

ii. The firm's degree of expertise concerning the area at issue;

iii. Key personnel's qualifications and relevant experience;

iv. The rate or fee to be charged by the firm, unless set by the Authority in the RFP/RFQ;

v. The firm's familiarity with the work, requirements, and systems of the Authority;

vi. The firm's proposed approach to the issues raised in the project description or qualifications;

vii. The firm's capacity to meet the requirements of the project at issue;

viii. The firm's references;

ix. Geographical location of the firm's offices;

x. Attainment of Small Business Enterprise goals; and

xi. Any other factors specified in the RFP/RFQ; and

2. The Evaluation Committee may require an interview and/or presentation by the firm(s) with the highest ranked proposals or qualifications and, subsequent to the interview and/or presentation, may invite those firm(s) to submit best and final offers (BAFOs) to the Authority by a date certain. Following the interview(s)/presentation(s) and/or BAFOs, the Evaluation Committee shall revisit its ranking of the firms and re-score as appropriate, using the same evaluation criteria and weighted ranking factors as the original ranking process. Thereafter, the Director, with the assistance of the Evaluation Committee, may negotiate the terms of a final contract with the highest ranked firm(s).

(f) Final selection shall be as follows:

1. The Evaluation Committee shall prepare a written report for submission to the Executive Director, outlining its recommendations and activities in reviewing, negotiating, and selecting the recommended firm.

2. If the Executive Director concurs with the recommendation, the Executive Director shall recommend to the Board, in writing, that the firm be awarded a contract.

3. If the Executive Director is not satisfied with the recommendation, he or she may:

i. Instruct the Evaluation Committee to submit further support for its recommendation;

ii. Direct a renegotiation of the fee; or

iii. Instruct the Director to resolicit the contract.

(g) This section shall not apply where a firm has brought an innovative idea to the Authority, a request for proposals cannot be constructed without communicating the new idea, and the procurement would not benefit from a competitive selection process. In that case, the Authority may, by appropriate resolution, acting on the written recommendation of the Director or Executive Director, waive the requirements of this section.

(h) The procedures identified in this section may be used, in the discretion of the Authority, to create a prequalified group or "pool" of firms to perform professional services in connection with bond sales, related financial instruments, and litigation matters.

N.J. Admin. Code § 19:9-2.9

Amended and recodified to 19:9-5.2 by49 N.J.R. 3236(b), effective 9/18/2017