As used in this article, the following terms shall have the meanings indicated:
ACCEPTANCEThe adoption of a law, ordinance, or resolution by the State of New Jersey, any of its political subdivisions, any authority created by the Legislature of the State of New Jersey and any instrumentality or agency of the State of New Jersey or of any of its political subdivisions, authorizing the execution of a design-build contract.
BEST VALUE SELECTIONAny selection process in which proposals contain both price and qualitative components and award is based upon a combination of price and qualitative considerations.
CONTRACTING UNITA government entity that enters into contract pursuant to the "Local Public Contracts Law," P.L. 1971, c. 198 (C. 40A:11-1 et seq.), or the Township of Pennsauken.
DESIGN PROFESSIONALThe entity, whether natural person, partnership, joint stock company, corporation, trust, professional corporation, business association, or other legal business entity or successor that provides licensed and prequalified architectural, engineering, or surveying services in accordance with R.S. 45:3-1 et seq., and P.L. 1938, c. 342 (C. 45:8-27 et seq.), and that shall be responsible for planning, designing and observing the construction of the project or projects.
DESIGN-BID BUILDThe delivery system used in public projects in which a licensed and prequalified design professional or designated employee develops the project design in its entirety; the contracting unit then solicits bids and awards the contract to the lowest responsible bidder that demonstrates the ability to complete the project specified in the design.
DESIGN-BUILD CONTRACTA contract between a contracting unit and a design-builder to provide labor, materials, and other construction services for a public project. A design-build contract may be conditional upon subsequent refinements in scope and price, and may permit the contracting unit to make changes in the scope of the project without invalidating the design-build contract.
DESIGN-BUILDERThe entity, whether natural person, partnership, joint-stock company, corporation, trust, professional corporation, business association, or other legal business entity or successor, that proposes to design and construct any public project, who is registered pursuant to the provisions of P.L.1999, c.238 (C.34:11-56.48 et seq.), and classified by the New Jersey Division of Property Management and Construction or the New Jersey Department of Transportation, where applicable, to perform work on a design-build project.
EVALUATION FACTORSThe requirements for the first phase of the selection process, and shall include, but not be limited to: specialized experience, training certification of professional and field workforce, technical competence, capacity to perform, safety modification rating, past performance and other appropriate factors. Price shall only be considered in the second phase of the selection process.
GOVERNING BODYThe governing body of the municipality, when the purchase is to be made or the contract or agreement is to be entered into by, or on behalf of, a municipality.
PROPOSALAn offer to enter into a design-build contract.
PROTESTA challenge to a decision, statement, action, or alleged inaction of the contracting unit.
RANKINGThe process of listing responsive bidders in order of highest to lowest total scores, based upon selection criteria set forth in the RFQ and/or RFP.
REQUEST FOR PROPOSALS or RFPThe document issued by the contracting unit in the second phase of a two-phase selection process that describes the procurement process and forms the basis for the design-build proposals.
REQUEST FOR QUALIFICATIONS or RFQThe document advertised by the contracting unit in the first phase of the two-phase selection process that describes the project in enough detail to allow potential bidders to determine if they wish to compete for a design-build contract and that requests information from bidders regarding the qualifications, experience, and organizational structure of the bidder's proposed design-build team, which information can be used by the contracting unit to select a short list of bidders to compete for a design-build contract.
SELECTION COORDINATORThe administrator of the operations and procedures of the selection process, whose activities shall include, but are not limited to, scheduling of meetings, preparing agendas, recording scores, verifying submittal information, preparing minutes of selection committee meetings, and other similar administrative duties.
SHORT LISTING or SHORT-LISTEDThe narrowing of the field of bidders through the selection of bidders who are evaluated on qualification factors other than price, as indicated in the RFQ, and whose proposals are judged most advantageous to the contracting unit in terms of qualifications other than price.
SPECIFICATIONA written description included as part of the construction documents, which sets forth the detailed technical and functional characteristics of, or the discrete design for, an item of material, equipment, or work to be incorporated into the project, or a requirement of the work to be performed. A specification may include a statement of any of the contracting unit's requirements and may provide for inspection, testing, or the preparation of a construction item before procurement. Specifications shall augment and complement the drawings and plans prepared by the design-builder.
STATEMENT OF QUALIFICATIONSThe document(s) submitted by bidders in response to an RFQ that describes the qualifications and capabilities of the bidder and its key team members to perform the scope of services to be included in a design-build contract.
STIPENDThe fee paid to a design-builder by the contracting unit to encourage competition.
TECHNICAL EVALUATION COMMITTEEA selection committee comprised of a representative of the contracting unit, the contracting unit's project manager, and the contracting unit's authorized design professional (i.e., design criteria architect) who are responsible for reviewing and evaluating responses by bidders to an RFQ and RFP.
TECHNICAL PROPOSALThat portion of a design-build proposal which contains design solutions and other qualitative factors that are provided in response to an RFP.
TWO-PHASE SELECTION PROCESSA procurement process in which the first phase consists of short listing, based on qualifications submitted in response to an RFQ, and the second phase consists of the submission of price and technical proposals in response to an RFP.
UNIFORM CONSTRUCTION CODEThe New Jersey Uniform Construction Code, as set forth in N.J.A.C. 5:23, and all applicable subcodes, as such codes are amended from time to time.
WEIGHTED CRITERIA PROCESSA form of best value selection in which a percentage of evaluation weight is preestablished for qualitative factors and for price, and the award of a design-build contract is based upon the highest total points awarded to a bidder.
WORKAll design and construction services performed by the design-builder and its team, including providing all material, equipment, tools and labor, necessary to complete the construction, as described in and reasonably inferable from the construction documents and the design-build contract.