N.J. Admin. Code § 9A:6-1.6

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

Section 9A:6-1.6 - Request for qualifications

(a) The contracting unit shall advertise a solicitation of statements of qualifications from bidders in a newspaper with Statewide circulation, and on the contracting unit's official website, 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 $ 12.5 million 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. An RFQ must be crafted in such a way as to encourage full, free, fair, and open competition without unfairly or illegally discriminating against otherwise capable design-builders. At a minimum, a request for qualifications shall include 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; or the New Jersey Department of Transportation pursuant to N.J.A.C. 16:44-3 and N.J.A.C. 16:44A-3.1, 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 to the extent that it would materially impact project delivery;

iv. Performance capability;

v. Certifications, classifications, and ratings possessed by the design-builder 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; and

6. 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) 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.

(e) Electronic procurement through the use of electronic procurement platforms may be utilized for design-build projects as permitted by law.

N.J. Admin. Code § 9A:6-1.6

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

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