njdot NJDOT DB-004_NEVI - South_RFP_ITP.pdf

New Jersey

Department of Transportation

National Electric Vehicle Infrastructure -

South, Counties of Mercer, Monmouth, Ocean, Burlington, Camden, Gloucester, Salem, Cumberland, Atlantic, and Cape May

DB-004

CONTRACT NUMBER 2026-004

CONTRACT DOCUMENTS

REQUEST FOR PROPOSALS

INSTRUCTIONS TO PROPOSERS (ITP)

GENERAL INSTRUCTIONS

FINAL SEPTEMBER 2026

New Jersey Department of Transportation

National Electric Vehicle Infrastructure - South i Instructions to Proposers – General Instructions DB-004 FINAL; September 2026

Table of Contents

INSTRUCTIONS TO PROPOSERS (ITP)

1 INTRODUCTION AND GENERAL PROVISIONS

1.1 INTRODUCTION

1.2 SCOPE OF WORK

1.3 PROJECT GOALS

1.4 DEFINITIONS

1.5 RFP DOCUMENTS

1.5.1 Required Forms

1.5.2 Errors

1.6 PROCUREMENT SCHEDULE

1.7 GENERAL PROVISIONS REGARDING PROPOSALS

1.7.1 Proposal Contents

1.7.2 Inclusion of Proposal in Contract

1.7.3 Commitments in the Proposal

1.8 IMPROPER CONDUCT

1.8.1 Prohibited Activities

1.8.2 Conflict of Interest

1.9 DBE/ESBE/SBE UTILIZATION

1.10 LANGUAGE REQUIREMENT

1.11 RESOURCE AVAILABILITY

1.12 CONFIDENTIALITY

1.13 INSURANCE

1.14 QUALITY ASSURANCE QUALITY CONTROL (QAQC)

1.15 CHANGES TO THE PROPOSER’S ORGANIZATION

1.15.1 During the Proposal Period

1.15.2 During the Term of the Design-Build Contract

1.16 PROJECT LABOR AGREEMENT

1.17 PREVAILING WAGE RATES

2 PROCUREMENT PROCESS

2.1 METHOD OF PROCUREMENT

2.2 RECEIPT OF RFP DOCUMENTS

2.2.1 Department’s Contact

2.2.2 Rules of Contact

2.2.3 Proposer’s Representative

2.3 ADDENDA AND RESPONSES TO QUESTIONS

2.3.1 Addenda

2.3.2 Correspondence and Information

2.3.3 Questions and Responses to Questions

2.4 ONE-ON-ONE MEETINGS

2.5 FREEDOM OF INFORMATION LEGISLATION

2.5.1 Open Public Records Act (OPRA)

2.5.2 Freedom of Information Act (FOIA)

2.6 PROPOSAL STIPEND

2.7 ESCROWED BID DOCUMENTS

2.8 GENERAL SUBMITTAL REQUIREMENTS

National Electric Vehicle Infrastructure - South ii Instructions to Proposers – General Instructions

2.9 WITHDRAWALS AND LATE SUBMITTALS

2.9.1 Modification or Withdrawal of a Proposal

2.10 FORFEITURE OF PROPOSAL BOND

2.11 EXAMINATION OF RFP DOCUMENTS AND WORK SITE

3 ALTERNATIVE TECHNICAL CONCEPTS (ATCS)

4 PROPOSAL REQUIREMENTS

4.1 COMPLIANT PROPOSAL

4.2 LEGAL AUTHORITY

4.2.1 Licensing and Registration Requirements

4.3 CURRENCY

4.4 PROPOSAL BOND

4.4.1 Proposal Bond

4.4.2 Rights Reserved

4.5 SIGNATURES REQUIRED

4.6 PROPOSAL SUBMISSION

4.6.1 Due Date and Time

4.6.2 Electronic Copy of Proposal

5 PRE-PROPOSAL MEETINGS

5.1 INFORMATIONAL MEETINGS

5.2 ATTENDEES

5.3 QUESTIONS AND RESPONSES

6 CONTRACT AWARD AND EXECUTION

6.1 CONTRACT AWARD

6.2 EXECUTION OF CONTRACT

6.3 OBLIGATION TO AWARD

7 PROPOSAL EVALUATIONS

7.1 EVALUATION FACTORS AND CRITERIA

7.1.1 “Pass/Fail” Evaluation Factors

7.1.2 Quality Evaluation Factors

7.1.3 Price

7.1.4 Foreign Materials and Equipment

7.1.5 Disclosure of Investment Activities in Iran

7.1.6 Prohibition on Dealings with Russia or Belarus-Associated Businesses

7.2 EVALUATION GUIDELINES

7.2.1 Quality Evaluation Factors

7.2.2 Communications

7.3 BEST VALUE SELECTION

7.4 POST SELECTION MEETINGS

8 PROTESTS

8.1 WRITTEN PROTESTS ONLY

8.2 PROTEST CONTENTS

8.3 TIME FOR FILING

8.3.1 Protests Filed Before the Proposal Due Date

8.3.2 Protests Filed After Selection of Best Value Proposal

8.4 PROTEST DISCUSSIONS

National Electric Vehicle Infrastructure - South iii Instructions to Proposers – General Instructions

8.5 IRREVOCABILITY OF PROPOSALS PENDING RESOLUTION OF PROTEST

9 THE DEPARTMENT’S RIGHTS AND DISCLAIMERS

9.1 THE DEPARTMENT’S RIGHTS

9.2 BEST AND FINAL OFFERS

9.3 THE DEPARTMENT DISCLAIMERS

APPENDICES

APPENDIX A PROJECT INFORMATION

APPENDIX B VOLUME 1: ADMINISTRATIVE SUBMITTAL REQUIREMENTS

APPENDIX C VOLUME 2: TECHNICAL PROPOSAL SUBMITTAL REQUIREMENTS

APPENDIX D VOLUME 3: PRICE BID SUBMITTAL REQUIREMENTS

APPENDIX E FORMS

APPENDIX F CONFLICT OF INTEREST POLICY

National Electric Vehicle Infrastructure - South 1 Instructions to Proposers – General Instructions

INSTRUCTIONS TO PROPOSERS (ITP)

1 INTRODUCTION AND GENERAL PROVISIONS

1.1 INTRODUCTION

This Request for Proposals (“RFP”) is issued by the New Jersey Department of Transportation

(“the Department”) to seek competitive Proposals (“Proposals”) for a Design-build Contract, including planning, design, installation and construction, operations, maintenance, quality control, construction inspection and other identified services for the Design-build project.

The Project’s Design-build services are described in Appendix A.

Bidder (hereafter, “Proposer(s)”) means a design-builder submitting a statement of qualifications, or a statement of qualifications and proposal, in response to a request for qualifications or request for proposals for an award of a design-build contract.

This solicitation is a Two-phase selection process authorized by the “Design-Build Construction

Services Procurement Act”, New Jersey A-1285, approved April 30, 2021 (the “Design-Build Act”)

(N.J.S.A. 52:35B-1 through -10) (see Instructions to Proposers (ITP) Section 2.1).

The Two-phase selection process is a procurement process that includes:

A. Phase 1 consisting of public advertisement of a Solicitation (here after referred to as the

Request for Qualifications (RFQ) that describes the Design-build project, outlines the scope of work for the Design-build project and solicits responses delineating the qualifications of Proposers, and

B. Phase 2 consisting of the issuance of a Request for Proposal (RFP) to prequalified

Proposers, selected on the basis of their responses to the RFQ, which outlines the criteria to be used for selection and the weight that will be given to each of these criteria in the evaluation process, and which solicits a Proposal consisting of a technical proposal and a price bid.

RFP’s will be evaluated using the Best Value selection process in which consideration is given to both a price bid and a technical proposal, and the award of the Design-build contract is based upon a combination of price and qualitative considerations, such that the successful Proposer is the one whose price bid and technical proposals together are most advantageous to the

Department.

This document provides instructions to be followed by Proposers in their responses to the RFP.

Proposals must comply with these Instructions to Proposers (“ITP”) and shall address and/or consider the Project goals and objectives identified in ITP Appendix A.

National Electric Vehicle Infrastructure - South 2 Instructions to Proposers – General Instructions

1.2 SCOPE OF WORK

Refer to Contract Documents Part 3, Project Requirements, for the Project Scope of Work.

1.3 PROJECT GOALS

The Department’s goals and objectives for the Project are described in ITP Appendix A.

1.4 DEFINITIONS

Refer to Part 2 Division 100 General Provisions for the meaning of various abbreviations, acronyms, capitalized and non-capitalized terms used herein.

1.5 RFP DOCUMENTS

The RFP includes the following documents (the “RFP Documents”), which will form part of the

Contract Documents:

A. Instructions to Proposers (ITP), including Appendices, B. DB Agreement (Part 1), C. Division 100 General Provisions (Part 2), D. Project Requirements (Part 3), E. Utility Requirements (Part 4), F. Additional Project Requirements (Part 5), G. RFP Plans (Part 6), H. Engineering Data (Part 7), I. DB Special Provisions (Part 8), and

J. Additional documents issued by Addenda to this RFP (Part 10).

The Contract Documents will also include the selected Design-builder’s Proposal which will become Part 9 of the Contract in accordance with ITP Section 1.7.2.

Reference documents for the Project are listed in ITP, Appendix A and are available on the

BidExpress website. Reference documents will not form a part of the Design-build contract. The

Department makes no representation or guarantee as to, and shall not be responsible for, their accuracy, completeness or pertinence, and, in addition, shall not be responsible for the conclusions to be drawn from the reference documents. The reference documents are made available to the Proposers for the purpose of providing such information as is in the possession of the Department, whether or not such information may be accurate, complete or pertinent, or of any value.

1.5.1 Required Forms

The Department can reject a Proposal if the Proposer fails to provide all information and all completed forms (see ITP Appendix E) in the format required in Appendices C and D. The

Proposer shall fill in all blank spaces in the Proposal forms, as noted. The Proposer shall not

National Electric Vehicle Infrastructure - South 3 Instructions to Proposers – General Instructions make any changes in the phraseology of the RFP or in the items mentioned therein. Proposers shall not make changes to the forms except as indicated on a specific form. The Department may change forms which shall be issued to Proposers by addenda.

1.5.2 Errors

The Proposer shall notify the Department of a recommended correction of any mistake, error or ambiguity recognized by the Proposer at any time during the two-phase selection process in any of the documents supplied by the Department. The Proposer shall provide the notification to the

Department in writing, in accordance with ITP Section 2.3, as soon as possible.

The Proposer shall not exploit any discrepancy, (i.e., mistake, error, omission, or ambiguity) in any of the documents supplied by the Department.

1.6 PROCUREMENT SCHEDULE

The anticipated procurement schedule for the Design-build project is described in ITP, Appendix

A.

1.7 GENERAL PROVISIONS REGARDING PROPOSALS

1.7.1 Proposal Contents

Each Proposal shall include the following:

A. An Administrative Submittal (Volume 1);

B. A Technical Proposal (Volume 2); and

C. A Price Bid (Volume 3).

Instructions for Volumes 1, 2 and 3 are provided in ITP Appendices B, C and D, respectively, and required forms are provided in ITP Appendix E. The forms presented in ITP Appendix E are supplied additionally as Microsoft Word® and Microsoft Excel® format files, for use by Proposers in preparing submissions. The Department may reject any Proposal if a Proposer fails to provide all the information and all completed forms in the format required. Proposers must fill all blank spaces in the Proposal, as noted. Proposers shall not change forms except as expressly permitted in the forms. Proposers may add rows to certain forms as indicated on the relevant form.

1.7.2 Inclusion of Proposal in Contract

The selected Proposer’s Proposal will become Part 9 of the Design-build contract, in accordance with ITP Appendices B, C and D.

Prior to incorporation into Part 9 of the Contract Documents, the Proposal or parts thereof will be adjusted to reflect clarifications or negotiations, if any, that occur after its submission that are

National Electric Vehicle Infrastructure - South 4 Instructions to Proposers – General Instructions accepted by the Department.

1.7.3 Commitments in the Proposal

The Department will interpret and evaluate language used in each Proposal based on the level of commitment provided by the Proposer. Tentative commitments will be given no consideration.

For example, phrases such as “we may” or “we are considering” will be given no consideration in the evaluation process since they do not indicate a firm commitment.

1.8 IMPROPER CONDUCT

1.8.1 Prohibited Activities

The Department will immediately disqualify the Proposer and may sue the Proposer for damages, if the Proposer, or anyone representing the Proposer, commits prohibited activities.

Prohibited activities include offers of or giving any advantage, gratuity, bonus, discount, bribe or loan of any sort to employees of the Department, including agents or anyone representing the

Department at any time during the Two-phase selection process.

The Proposer committing prohibited activities shall forfeit its Proposal Bond and shall not be entitled to any payment of a stipend.

1.8.2 Conflict of Interest

The Proposer is responsible for complying with the Conflicts of Interest Policy set forth in ITP

Appendix F, Part 2 109.12 Ethics Standards and Conflicts Of Interest, and all applicable State and Federal laws concerning conflicts of interest including, but not limited to, the requirements of

23 C.F.R 636.116 and New Jersey Conflicts of Interest Law N.J.S.A. 52:13D-12 and including a full disclosure of all potential Conflicts of Interest in their Proposal. In addition, any firm that is rendered ineligible through any State or Federal action is ineligible to participate on any Design-

Build team.

Proposers are required to disclose known or potential conflicts of interest in their Statement of

Qualifications. See ITP Appendix A for a listing of firms that have been identified as having conflicts of interest that prevent their consideration for the pending Project.

By submitting its Proposal, each Proposer agrees that, if a Conflict of Interest is thereafter discovered, the Proposer shall make an immediate and full written disclosure to the Department that includes a description of the action that the Proposer has taken or proposes to take to avoid or mitigate such conflicts. The Department can, at its sole discretion, cancel the Design-build contract if a Conflict of Interest is determined to exist. The Department may terminate the Contract for default if the Proposer was aware of a Conflict of Interest prior to the award of the Contract and did not disclose the conflict to the Department after award of the Contract.

National Electric Vehicle Infrastructure - South 5 Instructions to Proposers – General Instructions

1.9 DBE/ESBE/SBE UTILIZATION

Pursuant to the Disadvantaged Business Enterprise Program and Disadvantaged Business Enterprise in Airport Concessions Program: Implementation Modifications, 90 Fed. Reg.

190 (October 3, 2025) (to be codified as 49 C.F.R. pt. 23 and 26) , the DBE goal for the contract is removed. Therefore, there is no subcontracting goal on the contract.

See Part 2 102.13.01, 105.02.05 and 107.03 for further details regarding civil rights requirements after contract award.

1.10 LANGUAGE REQUIREMENT

Proposers shall prepare correspondence regarding the RFQ, the RFP, the Proposal and Design-build contract in the English language. Proposers shall prepare and submit an English translation of any original documents, required for the Proposal, that are in any other language. The English translation shall take precedence in the event of conflict with the original language.

1.11 RESOURCE AVAILABILITY

The Department is concerned that the resources planned to be used on the Contract (if Awarded to the Proposer), in terms of people, equipment, material and supplies, be available.. Accordingly, Proposers shall include an affirmative commitment, within the Proposal, to provide all Key members for the periods necessary to fulfill their responsibilities, and to provide all personnel, equipment, materials and supplies necessary to meet the Design-build contract requirements

(Form CR, ITP Appendix E).

1.12 CONFIDENTIALITY

The issuance by the Department of any RFP Documents, or drafts thereof, to a Proposer shall be subject to such Proposer executing and delivering a confidentiality and non-disclosure agreement in prescribed form to the Department.

1.13 INSURANCE

Refer to Part 2 107.11.02 for information regarding general insurance requirements. Refer to Part

2 152.03 for information regarding railroad and pollution insurance requirements. Insurance certificates shall be submitted prior to Contract execution.

1.14 QUALITY ASSURANCE QUALITY CONTROL (QAQC)

The Contract Documents place a significant responsibility on the Design-builder for the quality of the Project. The Design-builder will be performing quality management activities under a definition of Quality Assurance Quality Control (QAQC) that encompasses traditional quality control performed by the Department.The Design-builder will have responsibility for the quality of the

Work conducted and materials utilized under the Contract.

National Electric Vehicle Infrastructure - South 6 Instructions to Proposers – General Instructions

Proposers are to be thoroughly knowledgeable with the quality requirements of the Contract and the role and responsibility of the Design-builder prior to preparing their Technical Proposals and

Price Bid, and if selected, execution of their responsibilities within the Project’s Quality Assurance

Quality Control (QAQC) Program.

The Design-builder will be required to plan, implement, and provide a Quality Assurance Quality

Control (QAQC) Plan for both design and construction.

The Design-builder's Quality Assurance Quality Control Plan must follow the requirements of the

Contract Documents. In addition, the Design-builder’s Quality Assurance Quality Control Plan shall follow the Design and Construction Quality Assurance Quality Control Plan Format provided in the RFP. The Department will review and approve the Design-builder’s Quality Assurance

Quality Control Plan to assure that it meets the guidelines and minimum requirements established by the Department. The Design-builder shall maintain ownership of the Plan, shall be fully responsible for its execution, and shall maintain sole responsibility for the quality of the Work. The

Deparment’s construction acceptance procedure will be consistent with the Specifications.

The Design-builder will be required to have a QAQC Engineer who will be responsible for the oversight of the preparation of the Quality Assurance Quality Control Plan, and direct supervision of the implementation of the QAQC Plan, and for ensuring its compliance for both design and construction. This individual shall be a direct report to senior management of the Design-builder and will not directly report to the Design-builder’s Project Manager.

For design, the QAQC Engineer shall ensure that the design firm on the Design-build team implements the quality control procedures required in the Design-Builder’s QAQC Plan for design activities.

For construction, the Design-builder will be required to have, as part of the Design-build team, a

QAQC Engineer to perform Construction Inspection, and compliance certification for DCFC

Charging Stations. The QAQC Engineer must be from a firm independent of the Designer(s), Constructor(s) and any of the Principal Participants or any party with an equity interest, that are included in the Proposer’s proposed Design-build team. In addition, the Firm providing the QAQC

Engineer shall not be an equity participant on the Design-build team.

The QAQC Engineer shall be licensed and currently registered as a Professional Engineer in the

State of New Jersey who implements the Quality Assurance Quality Control Plan under this

Contract, and certifies compliance with applicable codes, standards and local ordinances, NEVI standards and requirements, and Contract requirements. The QAQC Engineer shall have demonstrated experience in similar size and scope of this project with at least 5 years experience in quality management, quality assurance and quality control activities, including preparation and implementation of Quality Assurance Quality Control Plans of DCFC Charging Stations.

The QAQC Engineer shall be responsible for overseeing the overall quality program and the preparation, implementation and update of the Design-Build QAQC Plan for the Design-Builder, National Electric Vehicle Infrastructure - South 7 Instructions to Proposers – General Instructions including management, design and construction. The QAQC Engineer is the individual retained by the Design-Builder with the authority and responsibility for quality management, quality system-related activities for all Work, including the establishment and maintenance of, and compliance with the quality management plan or equivalent report/Submittal. The QAQC Engineer shall have no Project responsibilities other than quality management and quality control of the Project and shall be independent from staff and duties associated with the execution/production of the Work.

The QAQC Engineer will be required to inspect all construction operations and perform construction quality control of the Design-Builder for conformance to the Design-Build plans, specifications, the QAQC Plan and the Contract requirements. They will also act as a field review component during design and construction as plans are being developed to ensure that the plans and specifications the Designer is providing are constructable for the conditions found in the field.

The QAQC Engineer’s inspection, measurement, and testing activities must adhere to, and be in accordance with, all of the requirements set forth in NJDOT Policies, manuals, the Contract documents, and the QAQC Plan.

All records must be kept in accordance with the Specifications. The QAQC Engineer must take all measurements and collect all other pertinent information necessary to prepare a project diary describing the progress of the work, specific problems encountered, daily inspection reports, survey notes, photographic and video records of various phases of construction, and other pertinent data, records and reports which may be required by the Department’s Construction

Procedures Handbook or the Contract. The QAQC Engineer will be required to prepare the above-mentioned project diary and daily inspection reports using the NJDOT AASHTOWare Site

Manager Program. Access to AASHTOWare Site Manager Program will be provided by the

The Department will oversee and/or perform quality audits of the Design-builder’s management, design, construction and any other Project activities, the Design-builder’s QAQC procedures and verify the quality of the final product. The Department may utilize independent Consultants to perform design and/or construction quality checks of the Design-builder’s Work.

If the Department advertises for design and/or construction quality checks services for this project, a Firm may be included in proposals for this Design-build procurement and submit proposals for the quality checks contracts. However, any Firm that is on the selected Design-build Team will automatically be removed from consideration for the separate quality checks contract(s).

No Work shall begin nor shall payments be made before the Design-builder’s QAQC Plan is approved by the Department.

See Part 3, Sections 4, 5 and 6 for terms and conditions regarding the requirements, responsibilities and roles relating to QAQC.

National Electric Vehicle Infrastructure - South 8 Instructions to Proposers – General Instructions

1.15 CHANGES TO THE PROPOSER’S ORGANIZATION

In order for a Proposer to remain qualified to submit a Proposal, unless otherwise approved in writing by the Department, the Proposer’s organization, including Principal Participants and Key team member identified in the Proposer’s SOQ, must remain intact for the duration of the procurement process and the subsequent Design-Build contract.

Proposers shall be aware that the Key Personnel positions identified in the RFQ are also included in the RFP. The scores of those Key Personnel that were included in the Proposer’s Statement of Qualifications (SOQ) will be retained and used in the evaluation of the Proposer’s Proposal. If a Proposer changes any of the Key Personnel that were submitted as part of their SOQ, the score given to those Key Personnel positions in the Proposer’s Proposal will be the same as the score given to those same Key Personnel positions in the SOQ. It is imperative that the Key Personnel identified during the Procurement period remain intact for the duration of the Design-build project until Project Completion.

1.15.1 During the Proposal Period

Substitutions for a Principal Participant or a Key Team member cannot be made without NJDOT approval. Should it become necessary to replace a Principal Participant or a Key Team member during the Proposal period, the Design-builder must provide a replacement for the organization with equal or better skills and qualifications. In addition, during the Proposal period, requests for changes to the Proposer’s organization must be made using Form RFC. For changes of Key

Personnel, Proposers shall also submit a completed Form R – Summary of Individual’s

Experience and the information required in the RFQ for that Key team member position, including a narrative (max one page) justifying why the proposed Key team member change is being requested. The request for Principal Participant or Key team member change shall be submitted to the Department’s Contact no later than the date shown in ITP Appendix A. Requests by

Proposers for changes in any Principal Participant will be particularly scrutinized. In any event, the Proposer shall promptly notify the Department’s Contact if any Key team member leaves the

Proposer’s team.

To request the Department’s approval for a change to the organization, the Proposer shall submit with its request, that information required for a Principal Participant in the RFQ, including legal and financial data as well as the information for quality evaluation. If a request is made to allow deletion or replacement of a Principal Participant, the Proposer shall submit such information as may be required by the Department to demonstrate that the changed team meets the criteria stated in the RFQ (pass/fail criteria and quality criteria). The Department shall have sole discretion to grant or withhold approval of any requested change. If the requested change is approved by the Department, then a copy of the Form RFC and Department’s concent must be included in the

Proposal, Volume 1, Section 3.

1.15.2 During the Term of the Design-Build Contract

Substitutions for Principal Participants or Key Personnel cannot be made without NJDOT approval. Should it become necessary to replace a Principal Participant or Key Team member

National Electric Vehicle Infrastructure - South 9 Instructions to Proposers – General Instructions during the term of the Design-build contract, the Design-builder must provide a replacement for the organization with equal or better skills and qualifications. In addition, during the term of the

Design-build contract, requests for Key Personnel changes must be made using Form RFC, and shall be submitted along with a completed Form R – Summary of Individual’s Experience and the information required in the RFQ and/or RFP for that Key Personnel position, including a narrative

(max one page) justifying why the proposed Key Personnel change is being requested. Substitute

Key Personnel cannot start work on the Design-build project until approved by NJDOT. In any event, the Design-builder shall promptly notify the Department’s Project Manager if any Key team member leaves the Design-build team.

1.16 PROJECT LABOR AGREEMENT

[Intentionally left blank.]

1.17 PREVAILING WAGE RATES

All workers shall be paid the prevailing wage rates as specified in the Contract. See Part 8 Special

Provisions.

2 PROCUREMENT PROCESS

2.1 METHOD OF PROCUREMENT

This RFP is issued pursuant to the Department’s authority under the Design-Build Act and in compliance with requirements applicable to federal-aid design-build contracts under 23 C.F.R

Part 636. The Design-Build Act authorizes the Department and other specified authorized state entities to use design-build contracts for capital projects related to the State’s physical infrastructure, subject to the requirements set forth in the Design-Build Act.

The Department intends to award the Design-build contract to the Proposer that submits the

Proposal that is determined to offer the Best Value to the State and the Department based upon a combination of price and qualitative considerations, such that the successful Proposer is the one whose price bid and technical proposals, together, are most advantageous to the

The procurement process includes two phases:

A. Phase One: Request For Qualifications - determination of a Shortlist of Proposers; and

B. Phase Two: Request For Proposals - selection of Design-builder from Proposers included on Shortlist that submitted Proposals.

Evaluation of Proposals will be based on information submitted in the Proposals or otherwise available to the Department, and will involve both pass/fail factors and an evaluation of quality and price factors, as further detailed below and in the ITP Appendices B, C and D.

National Electric Vehicle Infrastructure - South 10 Instructions to Proposers – General Instructions

2.2 RECEIPT OF RFP DOCUMENTS

The RFP and other information may be obtained by Proposers who have been notified of their inclusion on the Shortlist from the person identified as the Department’s Contact in the ITP

Appendix A.

2.2.1 Department’s Contact

The Department’s Contact for this Procurement is described in ITP Appendix A.

2.2.2 Rules of Contact

The following rules of contact shall apply during the Design-build contract procurement process, which began upon issuance of the RFQ for the Design-build project and will be completed with the execution of the Design-build contract. Contact includes face-to-face, telephone calls, e-mail or formal written communication.

The specific rules are as follows:

A. Proposers are advised that communication on procurements can be made only with the

Department’s Contact. The Department’s Contact shall be the Department’s single contact and source of information for this procurement, B. After the Shortlist is announced, neither a Proposer nor any of its team members may communicate with another Proposer or members of another Proposer's team with regard to the Design-build project or the Proposals. However, subject to the limitations in the ITP

Section 1.8.2, a Proposer may communicate with a subcontractor that is on both its team and another Proposer's team, provided that each Proposer has obtained a written certification from the proposed subcontractor that it will not act as a conduit of information between the teams. Proposers shall provide the Department’s Contact with all written certifications received from its subcontractors, C. Contact between each Proposer and the Department shall be through only the

Department’s Contact and that Proposer’s Representative (see ITP Section 2.2.3), D. The Department’s Contact will contact a Proposer through the Proposer's Representative

(see ITP Section 2.2.3), in writing or by e-mail, E. Communications between a Proposer and the Department’s team of staff and consultants is allowed during any joint, Proposer-Department meetings organized by the Department, F. Neither a Proposer nor its agents may contact employees of the Department or consultants under contract with the Department for this Design-build project, including staff members, members of any Proposal evaluation committee and any other person who will evaluate Proposals, regarding the Design-build project, except through the process identified above, National Electric Vehicle Infrastructure - South 11 Instructions to Proposers – General Instructions

G. Any contact by a Proposer determined to be improper may result in disqualification of the

Proposer and result in any other remedy under any applicable law

H. The Department will not be responsible for, or bound by: (1) any oral communication, or

(2) any other information or contact that occurs outside the official communication process identified herein, unless confirmed in writing by the Department’s Contact, I. Neither a Proposer nor its agents may contact any Federal or State official, or stakeholder staff regarding the Design-builder project. Stakeholder staff includes employees of:

a. FHWA; and

b. State and Federal agencies engaged in the Design-build project or otherwise having jurisdiction over the Design-build project.

2.2.3 Proposer’s Representative

The Proposer’s Representative shall be the Proposer’s point of contact for communication between the Department’s Contact and the Proposer. Unless notified otherwise by a Proposer, the Department shall assume that the Proposer’s Representative is the person so identified in the

Proposer’s SOQ. Using Form C, a Proposer shall immediately notify the Department of any changes in the Proposer’s Representative or in the contact details for the Proposer’s

Representative, including the contact address for any notices or communications to be sent to the Proposer by the Department. Failure by a Proposer to provide such information in writing in may result in the Proposer failing to receive important communications from the Department, for which the Department shall not be responsible.

2.3 ADDENDA AND RESPONSES TO QUESTIONS

2.3.1 Addenda

The Department may at any time modify conditions or requirements of this RFP by issuance of an Addendum. The Department will post Addenda on BidExpress website. Addenda will not be e-mailed or sent directly to the Proposer. Proposers must check BidExpress website regularly for updates to the RFP. The Proposal shall include written acknowledgement of receipt of all RFP addenda (Form AR; ITP Appendix E). The Department will not be bound by, and the Proposer shall not rely on, any oral communication or representation regarding the RFP Documents, or any written communication except to the extent that it is an Addendum to this RFP and is not superseded by a later Addendum to this RFP.

2.3.2 Correspondence and Information

No correspondence or information from the Department or anyone representing the Department, regarding the RFP, or the Proposal process in general shall be applicable unless it is in compliance with the ITP Section 2.2.

National Electric Vehicle Infrastructure - South 12 Instructions to Proposers – General Instructions

2.3.3 Questions and Responses to Questions

Each Proposer is responsible for reviewing the RFP prior to the dates identified for submission of inquiries in the ITP Appendix A and for requesting clarification or interpretation of any discrepancy, deficiency, ambiguity, error, or omission contained therein, or of any provision that the Proposer otherwise fails to understand. The responses will not be considered part of the Design-build contract but may be relevant in resolving any ambiguities in the Design-build contract. Inquiries resulting in any modifications to the RFP will be documented in Addenda.

The Department will consider questions regarding the RFP, including requests for clarification and requests to correct errors, only if submitted in writing via e-mail by a Proposer. The

Department will issue an addendum postponing the proposals due date if warranted. All questions and requests must be e-mailed to the Department’s Contact. Include the following with each inquiry:

1. Name of the Proposer.

2. Telephone number, fax number, email address, and contact person.

3. Specifics of the inquiry, including anticipated results.

4. Note if Proposer considers question “Confidential”

All questions and requests must be received by the Department’s Contact no later than 12:00 p.m. Eastern Time on the date identified in the ITP Appendix A. No questions and requests will be considered unless delivered as required. The text in questions shall not include any information identifying the Proposer or any of its team members.

All responses will be in writing and will be disseminated by posting on BidExpress website.

Responses will not indicate which Proposer raised particular questions. It is anticipated that multiple sets of responses will be issued. The last response will be issued no later than the date identified in the ITP Appendix A.

The Department will not consider any correspondence delivered in any way except as defined above, except when the Department may engage in one-on-one meetings with Proposers, as the

Department deems necessary.

Proposers may submit questions marked “Confidential”. Before providing a response, the

Department will determine whether or not the question contains proprietary information. Should the Department determine that the question does not contain proprietary information, the

Proposer who submitted the question will be notified that the question is not considered

“Confidential”. The Proposer will then have the opportunity to withdraw the question or request that the Department provide a response to the question in which case the question and response will be provided to all Proposers. If the Department determines that the question does contain proprietary information, then the Department will provide a response only to the Proposer who submitted the question.

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2.4 ONE-ON-ONE MEETINGS

Refer to ITP Appendix A for details on any One-on-One meetings the Department may convene during the Design-build project’s Proposal period.

2.5 FREEDOM OF INFORMATION LEGISLATION

2.5.1 Open Public Records Act (OPRA)

Pursuant to the Design-Build Act which contemplates OPRA (N.J.S.A. 47:1A-1 to -13), this procurement is subject to laws and regulations under OPRA as well as requirements specified in the Department’s Standard Specifications for Road and Bridge Construction – 2019 as amended by Part 2 Division 100 General Provisions.

2.5.2 Freedom of Information Act (FOIA)

FOIA applies to agencies and departments of the Executive Branch of the US Government, including FHWA. FOIA establishes a presumption that records in the possession of such agencies and departments are available to the public, subject to certain exemptions. FHWA has adopted a policy of clear presumption of disclosure on all FOIA requests. Therefore, all records in the possession of FHWA pertaining to this procurement may be disclosed under FOIA, except to the extent specifically exempted from disclosure under FOIA, which exemptions include trade secrets and commercial or financial information obtained from a person that is privileged or confidential.

To the extent such information of the Design-builder is included in the executed Design-build contract or otherwise provided to FHWA or other federal agency or department pursuant to this procurement, and the Design-Builder wishes to protect it from disclosure, the Design-Builder shall clearly mark such records “Exempt from Disclosure under FOIA.”

2.6 PROPOSAL STIPEND

The Department has decided that the payment of Stipends, under certain conditions, is proper as a part of this Design-build project.

Only Proposers that submit Proposals that:

A. achieve a “pass” rating on all Pass/Fail Evaluation Factors;

B. meet or exceed the minimum qualifying quality-based evaluation threshold of 60 points as required in the RFP; and

C. are not selected by the Department shall be eligible to be paid a Stipend within approximately 120 days after the execution of the

Design-build Contract or the rejection of all Proposals. Proposers that do not meet the above criteria shall have no claim to a Stipend or compensation in any form based upon any legal or

National Electric Vehicle Infrastructure - South 14 Instructions to Proposers – General Instructions equitable theory. The Proposer awarded the Design-build contract will not be eligible to receive a

Stipend.

All Proposers must execute the Stipend Agreement no later than 20 days after the Proposal Due

Date. Extensions may be granted at the sole discretion of the Department. Any Proposer that fails to execute the Stipend Agreement and provide the Department with the documents required by

Article 2 of the Stipend Agreement, will forfeit all rights to receipt of a Stipend.

No Proposer will be eligible for payment of any Stipend Amount if the Proposer has withdrawn their proposal, filed an unsuccessful protest of the procurement process, award, or cancellation of the procurement. In addition, as a condition of accepting payment of any Stipend Amount, the

Proposer shall agree to not file any protest of the procurement process, award, or cancellation of the procurement after accepting payment of the Stipend.

If the Department does not award a Design-build contract in connection to any of the Proposals, the Department may award the Stipend to each Proposer that agrees to the terms of the Stipend

Agreement.

The Proposal Stipend amount for the Project is described in ITP Appendix A.

If, for any reason, the Department suspends or cancels the procurement process for this Design-build Project prior to the due date for proposals, the Department, in its sole discretion, may elect to pay Stipends that the Department deems, in its sole discretion, appropriate under the circumstances. Proposer must comply with the terms and conditions of the Stipend Agreement, this provision does not contemplate or establish the basis for quantum meruit payments to

Proposer.

All of the Proposer’s team members and subcontractors shall be bound by the same provisions of the Stipend Agreement as the Proposer. All agreements between the Proposer, Proposer’s team members, and/or subcontractors shall include provisions effectuating this term, and all such agreements shall be subject to review by NJDOT.

This Section 2.6 is not a part of the Stipend Agreement, and has no effect on the terms therein.

The terms of the final Stipend Agreement executed by the Proposer and the Department may be modified via Addenda from the Stipend Agreement included in ITP Appendix E. Note that Form

SA is NOT to be submitted with the Proposer’s Proposal. It is included in Appendix E for informational purpose only.

2.7 ESCROWED BID DOCUMENTS

As a condition of the award of the Design-build contract, the successful Proposer must agree to escrow all bid documents in accordance with Part 2 103.05 Escrow of Bid Documents.

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2.8 GENERAL SUBMITTAL REQUIREMENTS

The Proposal shall be submitted via BidExpress website in accordance with the requirements identified in this ITP. The electronic copy received by BidExpress website shall serve as the official time-stamp document.

The Proposal shall be submitted in accordance with the ITP and the following requirements:

A. The Department Project Number, Contract ID, and the fact that this is a Proposal for the

Design-build project shall be clearly shown on the cover. The name and address of the

Proposer shall be clearly marked, B. Volume 1 of the Proposal (the Administrative Submittal) shall be clearly marked as detailed in the ITP Appendix B. Volume 2 of the Proposal (the Technical Proposal) shall be clearly marked as detailed in the ITP Appendix C. Volume 3 of the Proposal (the Price

Bid) shall be clearly marked as detailed in the ITP Appendix D, C. Where certified copies are required, the Proposer shall stamp the document or cover with the words “Certified True Copy” and have the stamp over signed by the Proposer’s

Representative, and

D. The Form PP (ITP Appendix E) shall be signed by the Proposer and by all joint venture members or general partners of the Proposer, if it is a joint venture or partnership. If any signatures are provided by an attorney-in-fact, the original or a certified copy of the power of attorney shall be provided, together with evidence of authorization by the governing body of the organization granting the power of attorney.

2.9 WITHDRAWALS AND LATE SUBMITTALS

2.9.1 Modification or Withdrawal of a Proposal

Refer to Part 2 102.11 for requirements related to the Modification or Withdrawal of a Proposal.

2.10 FORFEITURE OF PROPOSAL BOND

Each Proposer further understands and agrees that if it should refuse or be unable to enter into the Design-build contract as provided herein; should refuse or be unable to furnish adequate and acceptable Payment, and Performance Bonds as provided herein; should refuse or be unable to furnish adequate and acceptable insurance, as provided herein; or should refuse or be unable to furnish any commitments made in its Proposal, it may forfeit its Proposal Bond and will not be entitled to payment of the proposal stipend.

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2.11 EXAMINATION OF RFP DOCUMENTS AND WORK SITE

The Proposer is expected to choose the Site(s) of the proposed Work, and to carefully examine

BidExpress website, all reference documents and the RFP Documents before submitting a

Proposal. As specified in Part 2 102.04, the Project Limits are sites chosen by the Design-builder. Refer to Part 2 102.04 for additional requirements.

3 ALTERNATIVE TECHNICAL CONCEPTS (ATCS)

[Intentionally left blank.]

4 PROPOSAL REQUIREMENTS

4.1 COMPLIANT PROPOSAL

The Proposer shall submit a Proposal that provides all the information required by this ITP and in accordance with the minimum requirements contained in the RFP, including the ITP Appendices.

If the Proposal does not fully comply with the instructions and rules contained in the ITP, including the ITP Appendices, it may be deemed non-responsive and therefore unacceptable.

Each Proposal must be submitted in the official format defined by the Department as detailed in this ITP and its Appendices. Multiple or alternate proposals shall not be submitted.

Proposals may be considered unacceptable for any of the following reasons:

A. If the Proposal is submitted on a format other than that furnished or identified by the

Department; if it is not properly signed;

B. If the Proposal is illegible or contains any omission, erasures, alterations, or items not called for in the RFP or contains unauthorized additions, conditional or alternate

Proposals, or other irregularities of any kind; if the Department determines that such irregularities make the Proposal incomplete, indefinite, or ambiguous as to its meaning;

C. If the Proposer adds any provisions reserving the right to accept or reject an award or to enter into a Design-build contract following award;

D. If the Proposer attempts to limit or modify the bonds, if the Proposal Bond (ITP Appendix

E) is not provided, and/or requested information deemed material by the Department is not provided;

E. If the Proposer is in arrears in the payment of any obligation due and owing the State, including payment of taxes and employee benefits; and

F. Any other reason the Department determines the Proposal to be non-compliant.

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4.2 LEGAL AUTHORITY

4.2.1 Licensing and Registration Requirements

Refer to ITP Appendix B, Section 2.2.6 for Licensing and Registration Requirements.

4.3 CURRENCY

The pricing information shall be priced in U.S. dollars ($) currency only.

4.4 PROPOSAL BOND

4.4.1 Proposal Bond

Refer to RFP, Part 2 102.09 for requirements related to the Proposal Bond.

4.4.2 Rights Reserved

Each Proposer understands and agrees, by submitting its Proposal, that the Department reserves the right to reject any or all Proposals, or part of any Proposal, and that the Proposal may not be withdrawn for a period of 120 days subsequent to the Proposal Due Date, without the written consent of the Department.

Each Proposer further understands and agrees that if it should withdraw any part or all of its

Proposal within 120 days after the Proposal Due Date without the consent of the Department, should refuse or be unable to enter into the Design-build contract, as provided under the ITP

Section 4.4, or refuse or be unable to furnish adequate and acceptable Performance Bonds and

Labor and Material Payment Bonds, or refuse or be unable to furnish adequate and acceptable insurance, as provided herein, or refuse or be unable to furnish the Proposal Information (ITP

Appendices B and C), all required Pricing Information (ITP Appendix D), and will not be entitled to payment of the proposal stipend.

The Proposer understands that any material alteration of documents identified in this ITP Section

4.4 or any of the material contained on the Proposal Bond (ITP Appendix E), other than that requested, will render the Proposal non-responsive and non-compliant.

4.5 SIGNATURES REQUIRED

The Price Bid Cover Sheet (Form PP, ITP Appendix E) shall be signed by the Proposer, (i.e., all joint venture members or general partners, if the Proposer is a joint venture or partnership). If any signatures are provided pursuant to a power of attorney, the original or a scanned certified copy of the power of attorney shall be provided, together with evidence of authorization.

4.6 PROPOSAL SUBMISSION

4.6.1 Due Date and Time

All Proposals must be submitted on the date and time specified in Appendix A.

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4.6.2 Electronic Copy of Proposal

Proposers shall submit the full Proposal in electronic format via BidExpress. A separate file shall be used for the submission of each volume of the Proposal.

• Volume 1 (see ITP Appendix B),

• Volume 2 (see ITP Appendix C), and

• Volume 3 (see ITP Appendix D) shall be provided.

Submitted electronic files shall be, as appropriate, either:

A. In searchable portable document format (pdf); or

B. In spreadsheet format as defined herein. No file protection or password protection shall be applied to file contents.

For each file and for each folder/sub-folder (if used) submitted by the Proposer on BidExpress, the relevant volume, section, part and/or appendix of the Proposal shall be clearly communicated via the filenames and (if used) the folder/sub-folder names adopted by the Proposer.

5 PRE-PROPOSAL MEETINGS

5.1 INFORMATIONAL MEETINGS

A. The Department may hold joint informational meetings with all Proposers at any time prior to the Proposal Due Date; and

B. The Department may hold informational meetings with individual Proposers at any time prior to the Proposal Due Date. If individual informational meetings are offered to one or more Proposers, they will be offered to all Proposers.

5.2 ATTENDEES

If any informational meeting is held, the Proposer will be expected to attend with appropriate members of its proposed Key Personnel, and if required by the Department, senior representatives of the proposed Design-build Contractor and the proposed Designer.

5.3 QUESTIONS AND RESPONSES

If any individual informational meeting is held, a question asked by any Proposer where a response is expected, will be recorded and the question and response will be provided in writing to all Proposers via BidExpress website.

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6 CONTRACT AWARD AND EXECUTION

6.1 CONTRACT AWARD

Unless all…