New Jersey Administrative Code
Title 19 - OTHER AGENCIES
NEW JERSEY SCHOOLS DEVELOPMENT AUTHORITY
Chapter 38 - PROCEDURES FOR LOW-BID PROCUREMENT OF CONSTRUCTION CONTRACTS FOR SCHOOL FACILITIES PROJECTS
Subchapter 1 - GENERAL PROVISIONS
Section 19:38-1.2 - Definitions

Universal Citation: NJ Admin Code 19:38-1.2
Current through Register Vol. 56, No. 6, March 18, 2024

The following words and terms, when used in this chapter, shall have the following meaning unless the context clearly indicates otherwise:

"Act" or "EFCFA" means the Educational Facilities Construction and Financing Act, P.L. 2000, c. 72 (18A:7G-1 et seq.), as amended, and P.L. 2007, c. 137.

"Agency of government" means any Federal, state, regional, county, or local government agency, in this or any other state, including any department, division, commission, authority, office, branch, section, political subdivision or other governmental or quasi-governmental entity.

"Aggregate Rating" means the limit of the outstanding dollar value of all contracts, public and private, which a firm may perform at a given time as assigned by the Authority's Notice of Prequalification in effect at the time of the contractor's bid, which shall be identical to that which is assigned by the New Jersey Department of Treasury, Division of Property Management and Construction. Should the Division of Property Management and Construction modify a firm's aggregate rating after the Authority has issued a Notice of Prequalification, the Aggregate Rating issued by the Authority is considered modified to be identical to that of the Division of Property Management and Construction.

"Authority" or "SDA" means the New Jersey Schools Development Authority, an entity formed pursuant to P.L. 2007, c. 137 (52:18A-235 et seq.), as successor to the New Jersey Schools Construction Corporation. The Authority is statutorily charged with undertaking and funding school facilities projects, pursuant to the Act.

"Bid" means the Project Rating Proposal and the Price Proposal.

"Bid advertisement" means the advertisement by the New Jersey Schools Development Authority setting forth the information as required by 52:18A-243.h and shall be part of the contract documents.

"Bid documents" means the bid advertisement, the project manual, general conditions, supplemental conditions, plans, specifications, scopes of work, Instructions to Bidders, addenda, form of Project Rating Proposal, form of Price Proposal, and any other documents provided to the bidder by the Authority prior to the submission of the Price Proposal.

"Contract" means the entire and integrated agreement between the firm and the New Jersey Schools Development Authority encompassing all of the contract documents.

"Contract documents" means the bid advertisement, the executed form of contract, project manual, general conditions, supplemental conditions, plans, specifications, scopes of work, Instruction to Bidders, addenda, Project Rating Proposal, Price Proposal, executed change orders, other amendments, and all exhibits, appendices and documents attached to or referenced in any of the foregoing materials.

"DPMC" means the Division of Property Management and Construction in the New Jersey Department of the Treasury.

"DPMC 27" means the request for classification form to be submitted to the DPMC by a firm seeking classification with the DPMC in accordance with the DPMC rules at N.J.A.C. 17:19.

"DPMC Classification" means the process and product of assigning specific construction categories or trades and the maximum Aggregate Rating which define the eligibility of firms to engage in public work as determined by the DPMC in accordance with the DPMC rules at N.J.A.C. 17:19-1.

"EFCFA" means the Educational Facilities Construction and Financing Act, P.L. 2000, c. 72.

"Firm" means any association, company, contractor, corporation, joint stock company, limited liability company, partnership, sole proprietorship, or other business entity, including their assignees, lessees, receivers or trustees.

"Grant funded district" means a district which receives funding for a school facilities project from the Authority pursuant to section 15 of EFCFA, 18A:7G-15.

"Instructions to Bidders" means that portion of the bid and contract documents setting forth the requirements and procedures for bidding on an Authority project.

"Irregular bid" means a Project Rating Proposal or a Price Proposal that does not conform to the bid and contract documents for the schools facilities package.

"Notice of DPMC Classification" means the document(s) from the DPMC notifying the Firm of the specific construction categories or trades and of the maximum Aggregate Rating for which the firm may perform work, in accordance with the DPMC rules at N.J.A.C. 17:19.

"Notice of Prequalification" means the letter from the Authority issuing the firm its prequalification.

"Prequalification" means the process and product of being approved by the Authority to perform work in a given trade and within a given aggregate limit on school facilities packages and grant funded projects.

"Price Proposal" means that part of the bid to be submitted by the firm setting forth the firm's bid price, including any and all information and documents required by the Instructions to Bidders, the bid advertisement or addenda.

"Project management firm" or "PMF" means the firm engaged by the Authority to provide overall construction management services, oversight, direction, coordination, and reporting in connection with school facilities projects.

"Project Rating" means the maximum amount a firm may bid on any school facilities package based upon the information contained in a firm's Project Rating Proposal.

"Project Rating Proposal" means that part of the bid to be submitted by the firm for issuance by the Authority of the Project Rating.

"Schools Construction Program" or "School Program" means the over-all program mandated by the Act for the design, renovation, repair, and new construction of primary and secondary public schools throughout the State, through the implementation of school facilities projects.

"School facilities package" or "package" means any and all of the school facilities projects that are identified in the Bid Documents.

"School facilities project" or "project" means the demolition, construction, improvement, repair, alteration, modernization, renovation, reconstruction or capital maintenance, in accordance with the Department of Education's rules at N.J.A.C. 6A:26, of all or any part of a school facility or of any personal property necessary for, or ancillary to, any school facility, and shall include fixtures, furnishings and equipment. Each school facilities project that is part of the firm's work is identified in the contract documents.

"School facility" means and includes any structure, building or facility used wholly or in part by a school district for academic purposes.

"State" means the State of New Jersey, or any of the departments or agencies in the Executive Branch of government.

"Work" means the furnishing of all labor, services, materials, equipment, tools, transportation, supplies and other incidentals to be furnished, provided or performed by the firm, as required by the contract documents, including all efforts necessary or appropriate to achieve final acceptance and completion.

Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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