New Jersey Administrative Code
Title 5 - COMMUNITY AFFAIRS
Chapter 34 - LOCAL PUBLIC AND PUBLIC SCHOOL CONTRACTS LAWS
Subchapter 10 - DESIGN-BUILD CONTRACTS
Section 5:34-10.7 - Statements of qualifications; qualification of bidders to submit statements of proposal

Universal Citation: NJ Admin Code 5:34-10.7

Current through Register Vol. 56, No. 18, September 16, 2024

(a) Each bidder's statement of qualifications shall contain, at a minimum, the following:

1. An organizational chart of the bidder and the key team members of the proposed design-build team;

2. A list of current construction projects, and construction projects completed within the last five years, on which the bidder and key team members of the proposed design-build team have worked that are of similar size, scope, and complexity to the contracting unit's project, regardless of method of project delivery;

3. A listing of all the contracting unit's public works projects on which the design-builder and proposed design-build team have performed work within the past five years;

4. For transportation projects, the minimum classifications and aggregate rating limits to which the bidder and, as applicable, key team members and other subcontractors have been assigned by the New Jersey Department of Transportation pursuant to N.J.A.C. 16:44-3 and 16:44A-3, as applicable to the project. When a transportation project includes the installation, replacement, or rehabilitation of associated water, sewer, or stormwater infrastructure, the design-build team shall also possess classifications and aggregate rating limits issued by the New Jersey Division of Property Management and Construction in the New Jersey Department of the Treasury (DPMC) that are relevant to such work;

5. For all projects other than transportation projects, documentation that the bidder and, to the extent necessary for the project, key team members and other subcontractors have a current DPMC design-build classification and such other DPMC classifications and ratings issued pursuant to N.J.A.C. 17:19-1, as may be necessary for the project . Key team members and other subcontractors shall be required to possess only those classifications and ratings issued by the DPMC that are relevant to the project;

6. A listing of all public works projects for which a contracting unit has made a determination of prior negative experience with respect to the design-builder or members of its proposed design-build team within the past five years pursuant to N.J.S.A. 40A:11-4 or 18A:18A-4;

7. Training certification s of the bidder's professional and field workforce, along with that of the members of the proposed design-build team;

8. Safety experience modification rating (EMR) of the bidder and construction members of its proposed design-build team;

9. Measures taken by the bidder and members of the proposed design-build team to promote workforce diversity with respect to women and minorities;

10. If the 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 as to whether the design-builder and/or any key team members are a qualified minority business enterprise, a qualified women-owned business enterprise, a qualified small business enterprise, or a qualified veteran-owned business enterprise, as defined pursuant to the applicable law. Documentation supporting such a designation shall accompany the statement;

11. If the design-build contract will be subject to a project labor agreement pursuant to P.L. 2002, c. 44(N.J.S.A. 52:38-1 et seq.), a statement to that effect;

12. A copy of the bidder's Public Works Contractor Registration certificate, along with a copy of the certificates of the proposed members of the bidder's design-build team required to be registered under the law;

13. A certification that the bidder, along with the bidder's proposed design-build team, including individually named key team members, is in compliance with, and is not currently debarred from awards of State or local contracts for one or more violations of, the New Jersey Prevailing Wage Act, Public Works Contractor Registration Act, and the Construction Industry Independent Contractor Act; and

14. A certification that the bidder, along with the bidder's proposed design-build team including individual key team members, is not debarred from awards of Federal contracts for public work, as defined at N.J.S.A. 52:32-44.1.

(b) The technical review committee shall review and evaluate each bidder's statement of qualification and determine the relative ability of each such bidder to perform the work under the design-build contract. Before evaluating a bidder's statement of qualification, the committee shall:

1. Verify with the Department of Labor and Workforce Development that the bidder and any listed members of the bidder's proposed design-build team, including individually named key team members, that are required to have Public Works Contractor Registration certificates, are current with their respective registrations;

2. Review the Department of Labor and Workforce Development's Prevailing Wage Debarment List to confirm that the bidder and any listed members of the bidder's proposed design-build team, including individually named key team members, are not currently debarred; and

3. Review the Federal government's debarment database to confirm that the bidder and any listed members of the bidder's proposed design-build team, including individually named key team members, and affiliates thereof are not debarred, pursuant to N.J.S.A. 52:32-44.1;

(c) The evaluation of the qualifications of each bidder shall include, but need not be limited to, consideration of the following factors:

1. The level of experience of the bidder and the key team members of its proposed design-build team on design-build projects and/or design-bid-build projects of similar size, scope, and complexity;

2. Training certification of the bidder's professional and field workforce, along with that of the members of the proposed design-build team;

3. Safety experience modification rating (EMR) of the bidder and construction members of its proposed design-build team;

4. Measures taken by the bidder and key team members to promote workforce diversity with respect to women and minorities; and

5. Any other pertinent information necessary to establish the qualifications of the bidder and proposed design-build team to undertake the design-build contract.

(d) The process for evaluating the bidder's prior performance on the contracting unit's prior designbuild projects, if any, by a technical review committee shall be specified in the RFQ. Such process shall consist of:

1. A mathematical tabulation and averaging of the scores of all prior performance evaluations within a specified time period;

2. Consideration of particularly favorable or unfavorable evaluations individually and with reference to other evaluations;

3. Consideration of multiple evaluations over the course of a given project, to show consistency of performance, deterioration of performance, or efforts at improvement and recovery; or

4. A combination of the above methodologies.

(e) On the basis of the submitted statements of qualification, the technical review committee shall qualify no fewer than two, but no more than six, of the bidders to submit proposals. The contracting unit shall provide written notification to all bidders submitting statements of qualification of whether or not they have been being prequalified to receive requests for proposal. All bidders shall have the right to review statements of qualification submitted to the contracting unit.

(f) Key team members shall not be replaced without approval of the technical review committee. The committee shall have a reasonable basis for any denial.

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