New Jersey Administrative Code
Title 16 - TRANSPORTATION
Chapter 44B - DESIGN-BUILD CONSTRUCTION CONTRACTS
Subchapter 2 - DEFINITIONS
Section 16:44B-2.1 - Definitions
The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:
"Commissioner" means the Commissioner of the New Jersey Department of Transportation or such person as the Commissioner may designate, when legally possible.
"Department" means the New Jersey Department of Transportation.
"Design-build contract" means a contract between the Department and a design-builder to provide design, labor, materials, and other professional and construction services for a public project. A design-build contract may be conditional upon subsequent refinements in scope and price and may permit the Department to make changes in the scope of the project without invalidating the design-build contract.
"Design-build project" means a project delivery system that combines all or some portions of the design and construction phases of a construction project into a single contract including, but not limited to, design and regulatory permit approvals.
"Design-builder" means the entity, whether natural person, partnership, joint stock company, corporation, trust, professional corporation, business association, design-build team, joint venture, or other legal business entity or successor, that proposes to design and construct any public project, who is registered pursuant to the provisions at N.J.S.A. 34:11-56.48 et seq., classified by the New Jersey Division of Property Management and Construction or the New Jersey Department of Transportation, where relevant, to perform work on a design-build project, and prequalified pursuant to N.J.A.C. 16:44-3 and 16:44A-3.1.
"Design professional" means the entity, whether natural person, partnership, joint stock company, corporation, trust, professional corporation, business association, joint venture, or other legal business entity or successor that provides licensed and prequalified architectural, engineering, or surveying services in accordance with N.J.S.A. 45:3-1 et seq., and 45:8-27 et seq., and that shall be responsible for planning, designing, and observing the construction of the project or projects.
"Evaluation factors" means the requirements the Department will consider for the first phase of the selection process, and will include, but not be limited to, specialized experience, training certification of professional and field workforce, technical competence, capacity to perform, safety modification rating, past performance, and other appropriate factors. Price shall only be considered in the second phase of the selection process.
"Key persons" means individuals identified and included by a design-builder in the phase one and phase two submissions as having a responsible role in the successful completion of the design-build contract.
"Price bid" means a sealed proposal containing the cost of providing the required design and construction and other services described in the request for proposals.
"Proposal" means an offer to enter into a design-build contract in response to a request for proposals.
"Publicly read" means a posting by the Department at https://www.BidExpress.com and/or https://www.state.nj.us/transportation/business/procurement/ of the list of the design-builders who submitted a statement of qualifications; the shortlist; or the design-builder awarded the design-build contract, if any.
"Request for proposals" or "RFP" means the written document issued by the Department, including all required documentation, in the second phase of a two-phase selection process to be used to identify the design-builder offering the best value to the Department.
"Shortlist" means the list of design-builders selected to participate in the second phase of a two-phase selection process. The maximum number, as specified in the solicitation, shall be at least two and shall not exceed six.
"Solicitation" means a written document including all additional information issued by the Department in the first phase of the two-phase selection process that describes the project in enough detail to allow potential design-builders to determine if they wish to compete for the design-build contract and that requests information from design-builders regarding the qualifications, experience, and organizational structure of the design-builder's team, which information can be used by the Department to establish a shortlist of the design-builders to receive the request for proposals for the design-build project.
"Statement of qualifications" or "SOQ" means the document(s) submitted by a design-builder in response to a solicitation issued by the Department that describes the qualifications and capabilities of the design-builder and the design-builder's key persons, who will perform the scope of services to be included in a design-build contract.
"Technical proposal" means the written description, including any drawings, specifications, or other items, of the proposed approach to managing and accomplishing all project activities during the design and construction of the design-build project that is provided by the design-builder in response to the request for proposals.
"Two-phase selection process" means a procurement process in which the first phase submission consists of a statement of qualifications in response to a solicitation. The second phase submission consists of the price bid and technical proposals in response to the request for proposals.
"Work classification limit" means the maximum dollar amount of the classification assigned for which a design-builder shall be allowed to bid in a particular work type on an individual project in phase one of a two-phase selection process.
