Current through Register Vol. 56, No. 24, December 18, 2024
(a) The
solicitation of design-build projects may be by the issuance of an Invitation
for Bid or a request for proposal, depending on the requirements of the
specific project.
(b) As part of
the solicitation for design-build projects, NJ TRANSIT may prescribe:
1. In the solicitation documents, essential
project requirements in performance terms;
2. Criteria by which proposals will be
evaluated by NJ TRANSIT;
3. The
process that leads to contract award for design and construction services and,
where applicable, maintenance and operation and finance of a project based on a
firm schedule required by NJ TRANSIT; and
4. That members of a design-build team
presented by the firm selected for award may be modified or substituted after
the evaluation procedure is completed, but new or substituted members must be
submitted to NJ TRANSIT prior to the execution of the contract, with supporting
information as required by NJ TRANSIT. A prospective contractor will not be
permitted to execute the contract with NJ TRANSIT until NJ TRANSIT deems the
new or substituted member qualified. No modifications or substitutions to the
design-build team will be permitted beyond execution of the contract for work
and completion of design, except for exigent circumstances beyond the control
of the contractor within the discretion of NJ TRANSIT.
(c) NJ TRANSIT may, within its discretion,
depending upon the complexity and size of the project, prescribe payment of a
lump sum stipend to those bidders/proposers, with satisfactory qualifications
and a demonstrated technically satisfactory approach deemed to be within the
competitive range of a two-step procurement process in order to:
1. Encourage quality teams to
participate;
2. Provide some
modicum of financial relief to offset costs of developing a preliminary
design;
3. Motivate firms to
achieve innovations and adequately develop designs and a competitive bid
price;
4. Any bidder/proposer that
accepts a stipend shall transfer all ownership and rights in the
bidder's/proposer's design to NJ TRANSIT for use in this project. No stipend
shall be paid to the firm that is awarded and executes a contract for the
project. In order for a bidder/proposer to receive payment of a stipend, the
bidder/proposer must have submitted a responsive and responsible complete
proposal, including price. The NJ TRANSIT Board of Directors may prescribe
limits as to the amount of the stipend to be paid to each bidder/proposer
qualified to participate in the second stage, depending upon the size and
complexity of the project and may limit the number of stipends to be paid per
design-build contract.
(d) Notwithstanding the two-step solicitation
process, NJ TRANSIT may also utilize a special prequalification process before
the first step begins.
