New Jersey Administrative Code
Title 16 - TRANSPORTATION
Chapter 44 - CONSTRUCTION SERVICES
Subchapter 2 - DEFINITIONS
Section 16:44-2.1 - Definitions
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Affiliates" means persons having a relationship such that any one of them directly or indirectly controls or has the power to control another.
"Bureau" means the Bureau of Construction Services, Procurement Division, at the New Jersey Department of Transportation.
"Classification" means the process that assigns a project rating to a contractor that denotes the work types and maximum dollar amount of a contract on which the Department will allow the contractor to submit a bid.
"Classified" means the status of having qualified to bid or contract with the Department based on completion of the classification process.
"Commissioner" means the Commissioner of the New Jersey Department of Transportation.
"Contractor" means a person that is classified, or who has applied for classification, to perform work under contract with the Department.
"Corporate or LLC reorganization" means any change in the structure or organization of a corporation or limited liability company (LLC) when one or more of the following events occur:
1. A change in ownership of more than five percent;
2. A transfer of the assets, in whole or in part, from the existing corporation or LLC to another or new corporation or LLC;
3. Any modification of the entity's name;
4. Any other change, modification, dissolution, transfer of, deletion from or addition to the entity which may affect the operation of the corporation or LLC as a contractor; or
5. Any change in operation or function of the corporation or LLC, such as a change in industry classification.
"Debarment" means an exclusion from the ability to contract with the Department.
"Department" means the New Jersey Department of Transportation.
"Department contracting" means any arrangement giving rise to an obligation to supply anything to, or perform any service for the Department, other than by virtue of State employment, or to supply anything to, or perform any service for private or public persons where the Department provides substantial financial assistance or retains the right to approve or disapprove the nature or quality of the goods or service or the persons who may supply or perform the goods or service.
"Disqualification" means a debarment or a suspension for a specified period of time, which denies or revokes a contractor's ability to bid or contract with the Department.
"Equivalent project" means a project whose work scope and complexity level is considered to be equal to that of a Department project, such as work undertaken for other state departments of transportation, state highway authorities, U.S. Army Corps of Engineers, New Jersey Turnpike Authority, South Jersey Turnpike Authority, NJ Transit and Port Authority of New York and New Jersey.
"Financial capability" means the dollar threshold on the maximum amount of a project rating, which may be assigned by the Department pursuant to 16:44-3.6 upon examination of the contractor's Questionnaire and financial statement in accordance with this chapter.
"Overall performance rating" means the average of all performance ratings assigned to a contractor within the last four consecutive years of rated periods.
"Performance rating" means the numerical rating, expressed as a percentage, assigned to a contractor for a project(s) completed within the last four consecutive years of rated periods. The performance rating shall be calculated on the basis of the contractor's performance as reported on Form DC-83, which has been completed by the Department's RE upon final acceptance of the applicable project(s).
"Person" means any individual, company, firm, sole proprietorship, partnership, association, corporation, joint stock company, limited liability company, or other business entity, and their lessees, trustees, assignees or receivers.
"Plans" means the construction plans and contract documents for an advertised project for which bids will be accepted, as amended by addenda and change of plans, if any. Plans include the version of the standard details specified on the key sheet.
"Project" means Department contracts for construction or maintenance as described in a Department advertisement.
"Project rating" means the maximum dollar amount that a contractor shall be allowed to bid in a particular work type on an individual project.
"Questionnaire" means information, including, but not limited to, financial statements, equipment statements, experience and past performance records submitted under oath in response to the current version of Department Form DC-74A.
"Rated period" means the interval of time that the Department uses to evaluate contractors through their performance ratings.
"RE" means the Department's field representative having direct supervision of the administration of a project.
"Related project" means a project whose work scope and complexity level is considered to be related to that of a Department project, such as work undertaken for a county, township, municipality or utility authority.
"Special Provisions" means attachments to the Standard Specifications, which include project specific requirements prepared using the Department's current Standards Inputs and required non-standard specifications, which are not covered in either the Standard Specifications or the Standard Inputs.
"Standard Specifications" means the 2001 edition of the "New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction," as amended and supplemented, incorporated herein by reference.
"Suspension" means an exclusion from Department contracting pursuant to 16:44-11.5.
