Current through Register Vol. 56, No. 18, September 16, 2024
(a) The contracting unit shall advertise a
solicitation of statements of qualifications from bidders in an official
newspaper of the contracting unit, a newspaper with Statewide circulation, and
on the contracting unit's official website, if one exists, 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 $ 12,500,000 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. At a minimum, a request for qualifications shall contain 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. 17:19-1; or the New Jersey Department of Transportation pursuant to
N.J.A.C. 16:44-3 and 16:44A-3, 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 and key team members, to the extent that it would materially
impact project delivery;
iv.
Performance capability;
v.
Certifications, classifications, and ratings possessed by the design-builder,
key team members, and other subcontractors 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;
6. If the design-build contract is subject to
any set-aside goals established by the contracting unit pursuant to
P.L.
1985, c. 482 (N.J.S.A.
40A:11-41 et seq.), or
P.L.
1985, c. 490 (N.J.S.A.
18A:18A-51 et seq.), as applicable, a
statement to that effect; and
7. 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) An RFQ must be crafted in such
a way as to encourage free, fair, and open competition without unfairly or
illegally discriminating against otherwise capable design-builders. No RFQ may:
1. Require any standard, restriction,
condition, or limitation not directly related to the project's purpose,
function, or activity;
2.
Discriminate on the basis of race, religion, sex, national origin, creed,
color, ancestry, age, marital status, affectional or sexual orientation,
familial status, liability for service in the Armed Forces of the United
States, or nationality;
3. Require
in the scope of work statement the furnishing of any "brand name" without
allowing an equivalent, except that proprietary goods or services are permitted
only if the need for same is directly related to the performance, completion,
or undertaking of the project;
4.
Require a financial statement to be provided with the statement of
qualifications; or
5. Require that
the bidder, or any key team member identified by the bidder, be a resident of,
or have their place of business located in, the county or municipality in which
the contract will be awarded or performed.
(e) 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.
