N.J. Admin. Code § 9A:6-1.18

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

Section 9A:6-1.18 - Post-award evaluation of design-builder by contracting unit

(a) Every design-builder awarded a design-build contract procured pursuant to this chapter will be subject to evaluation, in accordance with this section. The performance evaluation will consider the design-builder's performance as a contractor in the following categories: quality of work, scheduling, management, cost control and change orders, safety and industrial hygiene, small business goals, and close-out.

(b) The design-builder's performance will be evaluated periodically during the progress of the project. The evaluation will be performed by a reviewer with direct involvement in the management or supervision of the project.

(c) The design-builder's performance evaluations will be used by the contracting unit in evaluating and scoring bidders as to their prior experience on contracting unit projects, in accordance with the provisions of this chapter.

(d) Design-builders shall be evaluated on their construction performance with respect to the various evaluation categories using the following evaluation ratings:

1. Outstanding (O) or 100 percent--far exceeds the contract requirements by consistently exhibiting excellent performance. Always meets, and almost always exceeds the contract requirements;

2. Very Good (VG) or 90 percent--often exceeds the contract requirements and frequently provides a high level of performance. Typically meets and often exceeds the contract requirements;

3. Satisfactory (S) or 80 percent--provides an acceptable level of performance consistently meeting the contract requirements;

4. Marginal (M) or 70 percent--performs slightly below the requirements of the contract, meeting the contract requirements on an intermittent basis; and

5. Unsatisfactory (U) or 60 percent--fails to meet important contract requirements, resulting in a negative impact on the entire project.

(e) The numerical scores established at (d) above may be subject to special adjustment factors for certain categories deemed by the contracting unit to be particularly critical to contractor performance, with such special adjustment factors specified in the RFP. The numerical ratings for each category shall be tabulated to arrive at an overall numerical evaluation score for each performance evaluation.

N.J. Admin. Code § 9A:6-1.18

Adopted by 55 N.J.R. 1339(a), effective 5/23/2023

Amended by 56 N.J.R. 1094(b), effective 6/17/2024