Sponsored by:
Assemblyman WAYNE P. DEANGELO
District 14 (Mercer and Middlesex)
SYNOPSIS
Provides explicit authorization for the Schools Development Authority to use the design/build/operate/maintain procurement model for school facilities projects.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the project delivery methods of the New Jersey Schools Development Authority and supplementing P.L.2007, c.137.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding the provisions of section 9 of P.L.2007, c.137 (C.52:18A-243) or any other provision of law to the contrary, the development authority may utilize a design/build/operate/ maintain project delivery method for school facilities projects. If it determines to utilize this project delivery method, the development authority shall award the contract to the responsible bidder for the single contract whose bid, conforming to the invitation for bids, is the most advantageous to the development authority, price and other factors considered.
b. As used in this section:
"Design/Build/Operate/Maintain" means a single contract under which the contractor is responsible for the design and construction, as well as the operation and maintenance of a school facilities project;
"Other factors" means other factors as defined in subsection d. of section 9 of P.L.2007, c.137 (C.52:18A-243).
c. The development authority shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of this act.
2. This act shall take effect immediately.
STATEMENT
This bill would explicitly permit the New Jersey Schools Development Authority (SDA) to use the project delivery method known as "design/build/operate/maintain" (DBOM) to construct public schools in this State. Under this procurement process, the SDA would advertise and receive bids in the form of a single contract under which the contractor would be responsible for the design and construction, as well as the operation and maintenance of the school facilities project. If it determines to utilize this project delivery method, the SDA would award the contract to the responsible bidder whose bid, conforming to the invitation for bids, is the most advantageous to the SDA, price and other factors considered.
The use of the DBOM procurement process is designed to streamline the procurement, design, construction, and maintenance of school facilities projects. This method of procurement obviates the need for the SDA to deal with multiple vendors and narrows the chain of accountability to one party - the DBOM entity. The DBOM method also relieves the SDA districts, formerly referred to as Abbott districts, from the burden of maintaining schools after construction is completed.