New Jersey Administrative Code
Title 9A - HIGHER EDUCATION
Chapter 6 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS
Subchapter 1 - USE OF DESIGN-BUILD PROJECT DELIVERY FOR CONSTRUCTION PROJECTS
Section 9A:6-1.5 - Responsibilities of technical review committee
Current through Register Vol. 56, No. 6, March 18, 2024
(a) When the design and construction of a project will be undertaken pursuant to this chapter, the resolution authorizing the solicitation of a design-build contract shall designate a technical review committee to evaluate statements of qualifications and proposals. The purchasing agent, or the individual appointed if either a contracting unit does not have a designated purchasing official certified as a qualified purchasing agent or the purchasing agent is unable to serve on the committee, shall administer the selection process and serve as selection coordinator for the technical review committee. The contracting unit shall have the discretion to add additional members to the technical review committee. The contracting unit's attorney may advise the technical review committee.
(b) Each member of the technical review committee shall be responsible for evaluating and scoring the statements of qualifications and proposals submitted by bidders in response to an RFQ or RFP, either separately or together.
(c) The technical review committee may use such advisors as it deems necessary to give opinions on evaluating proposals. The names of such advisors shall be included in the report submitted to the governing body.
(d) Once the statements of qualifications are received and the identity of the bidders is ascertained, the members of the technical review committee will be given a list of all bidders.
(e) Before reviewing and evaluating statements of qualifications and proposals, each committee member, and advisor thereof, shall certify that they have no conflict of interest with respect to any of the bidders to be evaluated, any of the key team members, named subcontractors or subconsultants to the bidders, or any of the principals, subsidiaries, or parent companies of such bidders.
(f) A committee member or advisor shall be deemed to have a conflict of interest if their review and evaluation of statements of qualifications and statements of proposal would violate the Local Government Ethics Law, N.J.S.A. 40A:9-22.1 et seq., or the Institutional Code of Ethics rules, N.J.A.C. 9A:3, as applicable. Any person with a conflict of interest related to the design-build project solicitation shall not participate in the evaluation process or advise technical review committee members.
(g) Notwithstanding the definition of technical review committee, should any of the technical review committee members indicate that a conflict of interest exists once the identity of the bidders is revealed, that member shall not serve on the committee and an appropriate official with sufficient knowledge and expertise to review and evaluate statements of qualifications and statements of proposal shall be appointed instead. If a technical review committee member is discovered to have a conflict of interest, the contracting unit shall remove the member from the committee.
