N.J. Admin. Code § 5:34-10.1

Current through Register Vol. 57, No. 1, January 6, 2025

Section 5:34-10.1 - Purpose and applicability of rules

(a) This subchapter is adopted by the Department of Community Affairs, in consultation with the Department of Education, to establish requirements and procedures for the procurement of designbuild contracts by local government contracting units pursuant to sections 26 through 33 of P.L. 2021, c. 71(N.J.S.A. 40A:11-53 through N.J.S.A. 40A:11-60) and board of education contracting units pursuant to Sections 34 through 41 at P.L. 2021, c. 71(N.J.S.A. 18A:18A-61 through N.J.S.A. 18A:18A-68).

(b) This subchapter provides for contracting units to select design-builders according to the proposal that is most advantageous to the contracting unit, based upon a "best value selection" process premised on a combination of cost and qualitative factors. The rules provide for the following two-phase selection process:

1. The public advertisement of a request for qualifications (RFQ) that describes the design-build project, outlines the scope of work for the project and solicits responses delineating the qualifications of bidders; and

2. The issuance of a request for proposal (RFP) to prequalified bidders, selected on the basis of their responses to the RFQ, which outlines the criteria to be used for selection and the weight that will be given to each of these criteria in the evaluation process, and which solicits a proposal consisting of a technical proposal and a price proposal.

(c) This subchapter shall not apply to school facilities projects in an SDA school district. The procurement of design-build contracts for school facilities projects in an SDA school district shall be subject to the rules promulgated by the New Jersey School Development Authority at N.J.A.C. 19:36. All other school construction projects for which a contracting unit is using design-build project delivery shall be subject to this subchapter.

N.J. Admin. Code § 5:34-10.1

Adopted by 54 N.J.R. 1307(a), effective 5/27/2022

Adopted by 54 N.J.R. 2374(a), effective 12/19/2022