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 infrastructure
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-3.1, as applicable, to the
project;
5. For all
non-transportation infrastructure projects, documentation that the bidder and,
to the extent necessary for the project, key team members and other
subcontractors have:
i. A current design-build
classification from the New Jersey Division of Property Management and
Construction (DPMC) in the Department of the Treasury; and
ii. Such other DPMC classifications and
ratings issued pursuant to N.J.A.C. 17:19, as may be necessary for 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.
18A:64-70.1 through 18A:64-70.4 or
18A:64A-1 et seq.;
7. Training certification 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
design-build contract would be subject to a project labor agreement pursuant to
P.L.
2002, c. 44
(N.J.S.A.
52:38-1 et seq.);
11. 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 pursuant to the law;
12.
A certification that the bidder, along with the bidder's proposed design-build
team, including individually named key team members, are in compliance with,
and are not currently debarred from awards of State or local contracts for
violation of, the New Jersey Prevailing Wage Act, Public Works Contractor
Registration Act, and the Construction Industry Independent Contractor Act;
and
13. A certification that the
bidder, along with the bidder's proposed design-build team, including
individual key team members, are 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 pursuant to the
design-build contract. Before evaluating a bidder's statement of qualification,
the committee shall:
1. Verify with the New
Jersey 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 New
Jersey 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
design-build 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 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 the approval of the contracting unit.
The committee shall have a reasonable basis for any
denial.
