N.J. Admin. Code § 5:34-10.6

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

Section 5:34-10.6 - Request for qualifications

(a) The contracting unit shall advertise a solicitation of statements of qualifications from bidders in an official newspaper of the contracting unit, a newspaper with Statewide circulation, and on the contracting unit's official website, if one exists, no less than 30 days prior to the date on which responses to the request are due. The published notice shall contain, at a minimum:

1. A general description of the design-build project;

2. Information on how requests for qualifications may be obtained;

3. The manner of submitting, and the method of receiving, the statement of qualifications; and

4. The time and place at which the statements of qualifications will be received.

(b) Prior to advertising the request for qualifications on a design-build project valued at $ 12,500,000 or more, or such other threshold as may be established by the Office of the State Comptroller, the contracting unit shall submit the request for qualifications and accompanying documents to the Office of the State Comptroller for review and approval pursuant to N.J.S.A. 52:15C-10.

(c) A request for qualifications must furnish sufficient information to allow bidders to prepare informed statements of qualification. At a minimum, a request for qualifications shall contain the following:

1. A scope of work statement, including:

i. Project type, size, and scope;

ii. Preliminary design documents;

iii. General budget parameters, if any; and

iv. General schedule or delivery requirements;

2. For projects involving vertical construction, a statement that the bidder and, to the extent necessary for the project, key team members and other subcontractors have a current design-build classification from the New Jersey Division of Property Management and Construction (DPMC) in the New Jersey Department of the Treasury;

3. Required minimum classifications and aggregate rating limits to which the bidder and, as applicable, key team members and other subcontractors must be assigned by the New Jersey Department of the Treasury, Division of Property Management and Construction, pursuant to N.J.A.C. 17:19-1; or the New Jersey Department of Transportation pursuant to N.J.A.C. 16:44-3 and 16:44A-3, as applicable to the project;

4. Qualification evaluation factors, which shall include:

i. Experience level and degree of technical competence;

ii. Training of, and certifications held by, the professional and field workforce;

iii. Principal location of the bidder and key team members, to the extent that it would materially impact project delivery;

iv. Performance capability;

v. Certifications, classifications, and ratings possessed by the design-builder, key team members, and other subcontractors as relevant to the project;

vi. Past performance of the individual members of the design-builder's team in their respective capacities, including the architect-engineer and construction members of the team;

vii. Measures taken by the bidder and members of the proposed design-build team to promote workforce diversity with respect to women and minorities; and

viii. Other technical factors; as may be relevant to the project;

5. A statement of the maximum number of bidders to be prequalified to submit a statement of proposal;

6. If the design-build contract is subject to any set-aside goals established by the contracting unit pursuant to P.L. 1985, c. 482 (N.J.S.A. 40A:11-41 et seq.), or P.L. 1985, c. 490 (N.J.S.A. 18A:18A-51 et seq.), as applicable, a statement to that effect; and

7. If the contracting unit is offering a stipend to bidders prequalified to provide a statement of proposal, the terms and conditions for payment thereof.

(d) An RFQ must be crafted in such a way as to encourage free, fair, and open competition without unfairly or illegally discriminating against otherwise capable design-builders. No RFQ may:

1. Require any standard, restriction, condition, or limitation not directly related to the project's purpose, function, or activity;

2. Discriminate on the basis of race, religion, sex, national origin, creed, color, ancestry, age, marital status, affectional or sexual orientation, familial status, liability for service in the Armed Forces of the United States, or nationality;

3. Require in the scope of work statement the furnishing of any "brand name" without allowing an equivalent, except that proprietary goods or services are permitted only if the need for same is directly related to the performance, completion, or undertaking of the project;

4. Require a financial statement to be provided with the statement of qualifications; or

5. Require that the bidder, or any key team member identified by the bidder, be a resident of, or have their place of business located in, the county or municipality in which the contract will be awarded or performed.

(e) The contracting unit may charge a fee for the qualifications documentation that shall not exceed $ 50.00 or the cost of reproducing the documentation, whichever is greater.

N.J. Admin. Code § 5:34-10.6

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

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