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:6-1.7 - Statements of qualifications; qualification of bidders to submit statements of proposal

Universal Citation: NJ Admin Code 9A:6-1.7

Current through Register Vol. 56, No. 6, March 18, 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.

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.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.