N.J. Admin. Code § 5:34-10.3

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

Section 5:34-10.3 - Authorization to commence design-build process

(a) For a construction project that can be reasonably, and in good faith, estimated to have a cost equal to or exceeding $ 5,000,000, the governing body of a contracting unit may adopt a resolution to authorize utilization of design-build project delivery in lieu of a design-bid-build delivery system.

In its authorization to commence the design-build process, the governing body must determine that, when compared to the design-bid-build process, design-build project delivery will facilitate a shorter overall design and construction process including, but not limited to, reducing the likelihood of work stoppages and change orders that would increase project costs. Design-build project delivery shall not be utilized for projects that cannot be reasonably, and in good faith, estimated to have a cost equal to or exceeding $ 5,000,000.

(b) For purposes of meeting the minimum monetary threshold at (a) above, a contracting unit may group more than one project together, so long as those projects are single in character and components of the same work.

(c) A resolution adopted pursuant to (a) above shall also establish procedures for the solicitation and award of the design-build contract that are consistent with this subchapter.

(d) No board of education may authorize commencement of a design-build process for a school facilities project until such time as the Department of Education approves the board's application pursuant to N.J.A.C. 6A:26-3 and, if the capital project requires the board to issue bonds, a successful voter referendum or authorization by a municipal governing body or board of estimate, as applicable, to the school district type.

(e) Electronic procurement through the use of electronic procurement platforms as defined at N.J.A.C. 5:34-5.2 may be utilized for design-build projects as permitted by law.

N.J. Admin. Code § 5:34-10.3

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

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