N.J. Admin. Code § 5:34-10.8

Current through Register Vol. 56, No. 21, November 4, 2024

Section 5:34-10.8 - Request for proposals

(a) The contracting unit shall issue a request for proposals to each bidder qualified pursuant to N.J.S.A. 5:34-10.7 no fewer than 14 days prior to the date established for submission of statements of proposal. The date fixed for receiving the proposals shall not fall on a Monday or any day directly following a State or Federal holiday. A request for proposals shall be prepared by the contracting unit using a design professional or design official and 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 RFP shall contain the elements prohibited for RFQs pursuant to N.J.A.C. 5:34-10.6(d).

(b) The request for proposals shall include, without limitation:

1. The technical proposal and price proposal forms;

2. Proposed terms and conditions of the design-build contract;

3. Instructions to bidders, including the manner of submitting and the method of receiving the statement of proposal;

4. Evaluation factor criteria for proposals, including the relative importance assigned to the factors and sub-factors to be considered with respect to the technical proposal and the price proposal. The evaluation factors for technical proposals may include, but need not be limited to, experience, design concepts, management approach, diversity, proposed technical solutions, plans for quality assurance and control, and the design-builder's understanding of the means and methods needed to complete the project on time and within budget;

5. A description of the drawings, specifications, or other submittals to be provided with the technical proposal, with guidance as to the form and level of completeness of the drawings, specifications, or submittals that will be acceptable;

6. Site development requirements, including, but not limited to, parking, lighting, equipment, and landscaping;

7. Description of physical relationships between site elements;

8. Specific architectural style or concept;

9. Performance specifications and prescriptive specifications regarding materials, systems, performance criteria, energy efficiency, life cycle costs, and known environmental issues;

10. Engineering, architectural, and/or environmental reports (for example, geotechnical evaluations, building evaluations, and/or environmental preliminary assessments);

11. In the case of a project that includes the removal of soil from the site, any documentation relative to the known soil conditions at the site including, but not limited to, any test results specifying the level of contamination, if any, of the soil that has been found at the site of the project;

12. If a project is located on a site with historical or suspected contamination, a line-item allowance or minimum unit price line item for soil testing and contaminated soil disposal, which shall be a good faith effort on the part of the contracting unit to reasonably estimate the total cost of testing and disposing of the soil;

13. Assignment of responsibility for obtaining required approvals and permits;

14. Budget limits for the work, if any;

15. Insurance requirements, and bonding or guarantees as may be required for public works projects under the Local Public Contracts Law or Public School Contracts Law;

16. A schedule for planned commencement and completion of the design-build contract;

17. Amount of the stipend, if any;

18. For projects by contracting units subject to the Local Public Contracts Law, a statement pursuant to N.J.S.A. 40A:11-23.1.c indicating whether uniformed law enforcement officers will be required for the project;

19. A form listing all documentary and informational forms, certifications, and other documents that the contracting unit requires each bidder to submit with their statement of proposal, along with a means by which the bidder can indicate their inclusion of said items with the statement of proposal;

20. A means of acknowledging of receipt of revisions or addenda to the RFP; and

21. The documents required to be submitted by the successful bidder upon notice of award.

(c) The contracting unit may charge a fee for the request for proposal documents not to exceed $ 50.00, or the cost of reproducing the documents, whichever is greater.

N.J. Admin. Code § 5:34-10.8

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

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