njdot NJDOT DB_RFQ_DB-003_NEVI - North.pdf

New Jersey

Department of Transportation

National Electric Vehicle Infrastructure - North, Counties of Bergen, Warren, Hunterdon, Essex, Sussex, Somerset, Hudson, Morris, Middlesex, Union, and

Passaic

DB-003

CONTRACT NUMBER 2026-003

DESIGN-BUILD PROJECT

SOLICITATION

REQUEST FOR QUALIFICATIONS (RFQ)

GENERAL INSTRUCTIONS

July 17, 2026

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New Jersey Department of Transportation

National Electric Vehicle Infrastructure - North i General Instructions DB-003 July 2026

TABLE OF CONTENTS

REQUEST FOR QUALIFICATIONS (RFQ) GENERAL INSTRUCTIONS

1 INTRODUCTION AND GENERAL INFORMATION

1.1 ABBREVIATIONS AND DEFINITIONS

1.2 PROJECT GOALS

1.3 ROLE OF THE DEPARTMENT

1.4 PROJECT DESCRIPTION, DESIGN-BUILDER RESPONSIBILITIES AND PROJECT STATUS

1.5 PROJECT SCHEDULE

1.6 CONTRACT TYPE

1.7 PAYMENT AND LIQUIDATED AND/OR GENERAL DAMAGES

1.8 GOVERNING LAW

1.9 QUALITY ASSURANCE QUALITY CONTROL (QAQC)

1.10 INSURANCE, BONDING, LICENSING AND REGISTRATION

1.11 RULES OF CONTACT

1.12 PROPOSER QUESTIONS

1.13 RFQ ADDENDA

1.14 NOTIFICATION OF FIRMS ON THE SHORTLIST

1.15 COSTS

1.16 ORGANIZATIONAL AND CONFIDENTIALITY REQUIREMENTS

1.17 PROPOSAL STIPEND

1.18 FOREIGN MATERIALS AND EQUIPMENT

1.19 IRAN DIVESTMENT ACT OF 2012

1.20 PROHIBITION ON DEALINGS WITH RUSSIA OR BELARUS-ASSOCIATED BUSINESSES

1.21 SECTION RESERVED

1.22 NONDISCRIMINATION

2 PROCUREMENT PROCESS

2.1 OVERALL PROCUREMENT PROCESS

2.1.1 RFQ

2.1.2 RFP (for informational purposes only)

2.2 PROCUREMENT SCHEDULE

3 EVALUATION PROCESS FOR THE STATEMENT OF

QUALIFICATIONS (SOQ)

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3.1 EVALUATION OBJECTIVES

3.2 REVIEW AND EVALUATION OF THE SOQ

3.3 EVALUATION FACTORS FOR THE RFQ PHASE

3.3.1 Pass/Fail Evaluation Factors

3.3.2 Quality Evaluation Factors

3.4 REQUESTS FOR CLARIFICATION BY THE DEPARTMENT

3.5 DETERMINATION OF THE SHORTLIST

3.6 SHORTLIST PROTEST

4 REQUIREMENTS OF SOQ SUBMISSION

4.1 SUBMITTAL REQUIREMENTS

4.1.1 Due Date and Time

4.1.2 Electronic Copy

4.2 BIDEXPRESS WEBSITE

4.3 PAGE LIMIT, FORMAT AND QUANTITIES

4.4 CONTENT OF SOQ

4.4.1 Cover Letter

4.4.2 Evaluation Factor Objectives and Requirements

5 PROTESTS

5.1 WRITTEN PROTESTS ONLY

5.2 PROTEST CONTENTS

5.3 TIME FOR FILING

5.4 PROTEST DISCUSSIONS

5.5 IRREVOCABILITY OF STATEMENT OF QUALIFICATIONS PENDING RESOLUTION OF

PROTEST

6 DEPARTMENT’S RIGHTS AND DISCLAIMERS

6.1 DEPARTMENT’S RIGHTS

6.2 DEPARTMENT’S DISCLAIMERS

7 CONFLICT OF INTEREST

8 COMPLIANCE WITH APPLICABLE LAWS

APPENDICES

APPENDIX A PROJECT INFORMATION

APPENDIX B FORMAT AND ORGANIZATION FOR STATEMENT OF QUALIFICATIONS

APPENDIX C SOQ FORMS

APPENDIX D ABBREVIATIONS AND DEFINITIONS

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REQUEST FOR QUALIFICATIONS (RFQ) GENERAL INSTRUCTIONS

1 INTRODUCTION AND GENERAL INFORMATION

This Solicitation, also referred to as the Request for Qualifications (“RFQ”) throughout this document, issued by the New Jersey Department of Transportation (the “Department”), seeks

Statements of Qualifications (SOQs) from qualified firms (“Proposers”) interested in performing planning, design, installation and construction, operations, maintenance, quality control, construction inspection and other identified activities for the Project.

The Project involves Design-Build services for the Project as described in Appendix A.

This RFQ is issued pursuant to the Department’s authority under the “Design-Build Construction

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

2 through 9 of P.L. 2021, c.71 and N.J.A.C. 16:44B-1.1 to -9.2. The Act authorizes the Department and other specified authorized contracting units to use Design-Build contracts for capital projects related to the state’s physical infrastructure, subject to the requirements set forth in the Act. This

RFQ will be the mechanism by which a shortlist of Design-Build firms will be established. At the

Department’s discretion, a maximum of three (3) firms may be shortlisted.

The Department seeks Proposers who are qualified and prepared in all respects to undertake the complete planning, design, installation, construction, operations and maintenance of the Project.

SOQs will only be accepted from Proposers intending to provide all required services for the

Project. The Department will not consider responses from firms not offering to provide all required services.

This RFQ is the first phase of a two-phase best-value procurement process. A Proposer must provide a timely response to this RFQ and be shortlisted by the Department, for the Project as described herein, in order to be invited to proceed to the second phase of the procurement process, which is responding to a Request for Proposals (RFP).

1.1 ABBREVIATIONS AND DEFINITIONS

Refer to Appendix D for abbreviations and definitions of terms used in this RFQ.

1.2 PROJECT GOALS

The Department’s general goals and objectives for the Project are to:

1) Ensure a long-service life for all Project elements and to satisfy long term preservation goals.

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2) Ensure the safety of the traveling public.

3) Maximize the impact of the public investment in the Project by:

a) Providing cost-effective solutions.

b) Sequencing construction to minimize effects on vehicular and pedestrian traffic ;

c) Reducing future maintenance requirements; and

d) Avoid or minimize impacts on the environment.

4) Deliver the Project safely, on schedule and within budget.

5) Operate and maintain the DCFC Charging Stations for 5 years.

6) Ensure coordination with all utility owners, third parties and Project stakeholders and any adjacent construction projects.

7) Provide best value to the Department.

1.3 ROLE OF THE DEPARTMENT

In the context of the Project, the Department is responsible for:

A) Supporting obtaining the appropriate environmental clearances for NEPA compliance approved by FHWA;

B) Overall Project administration;

C) Contract procurement and administration;

D) Preparation of the RFQ and RFP, evaluation of SOQs and Proposals, determination of the

Shortlist and selection of the Best Value Design-Builder for the Project;

E) Identification of the Department’s Designated Project Manager for the Project as the point of contact for all communication during the design and construction phase;

F) Agency Acceptance, Independent Assurance, Quality Assurance Oversight and audit of the Design-Builder’s design and construction activities;

G) Providing information for inclusion in the RFP;

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H) Final acceptance of the Work and payment for Work performed; and

I) Civil Rights program requirements, oversight, and contract compliance review.

At the Department’s sole discretion, the Department may use consultants, retained by the

Department, to fulfill one or more of the responsibilities noted in this Section 1.3. The Department will be responsible for overseeing the performance of any such consultants.

1.4 PROJECT DESCRIPTION, DESIGN-BUILDER RESPONSIBILITIES AND PROJECT

STATUS

This RFQ is being issued concurrently with the process of development and review of the final scope of work for the Project. Any Work described herein is subject to adjustment as a result of the process.

Nothing contained in this RFQ is intended to modify, limit, or otherwise constrain the process or commit the Department, or any other entity, to undertake any action with respect to the Project, including selection of a Design-Builder or the design and construction of the Project.

Refer to Appendix A for a description of the Project and information regarding the Proposer’s responsibilities and other information regarding the status of the Project.

1.5 PROJECT SCHEDULE

The anticipated Project Schedule is described in Appendix A.

1.6 CONTRACT TYPE

The Contract will be lump sum Design-Build contract.

1.7 PAYMENT AND LIQUIDATED AND/OR GENERAL DAMAGES

The Contract will provide for a method of periodic payments. A description of the method of periodic payment will be provided in the RFP.

The Contract may include provisions for the assessment of liquidated damages for failure to meet interim milestones, deadlines or provisions. If so, details will be provided in the RFP.

1.8 GOVERNING LAW

The RFQ, RFP and the Contract shall be governed by, enforced, and construed in accordance with the laws of the State of New Jersey, including but not limited to the New Jersey Contractual

Liability Act., N.J.S.A. 59:13-1 to -10, and the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 to 12-

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3, without regard to any otherwise applicable conflict of law rules or requirements. Also see

Section 107.01.01 of the RFP Division 100 General Provisions (“General Provisions”).

1.9 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.

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) Plan.

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. 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 updating as may be required, and shall maintain sole responsibility for the quality of the Work. The Department’s construction acceptance 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 specified 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 team. In addition, Firm providing the QAQC Engineer shall not be an equity participant on the Design-Build Team.

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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, 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 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 SiteManager Program.

Access to the SiteManager Program will be provided by the Department.

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 assurance contracts. However, any Firm that is on the selected Design-Build Team will automatically be removed from consideration for the separate quality assurance contract(s).

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

1.10 INSURANCE, BONDING, LICENSING AND REGISTRATION

Details regarding insurance requirements for the selected Proposer will be specified in the RFP.

The Department will require the selected Proposer to provide an Insurance Certificate.

Each shortlisted Proposer submitting a Proposal will be required to provide a Proposal Bond and

Surety Letters(s) as specified in the RFP. The selected Proposer will be required to provide

Performance Bond and Payment Bond as provided in the RFP.

Each shortlisted Proposer submitting a Proposal will be required to provide certificates of authorization to provide professional engineering services in New Jersey, proof of business registration and proof of valid public works contractor registration.

1.11 RULES OF CONTACT

The following rules of contact shall apply during the Contract procurement process, which began upon issuance of the RFQ and will be completed with the execution of the Contract. The rules are designed to promote a fair, unbiased, legally defensible procurement process. Contact includes face-to-face, telephone, e-mail or formal written communication.

The specific rules are as follows:

A) Potential responders are advised that communication on procurements can be made only with designated contact persons. The Department’s Contact for this procurement is specified in Appendix A.

The Department’s Contact shall be the Department’s single point of 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 Project or the Proposals. 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 Subcontractor that the Subcontractor will not act as a conduit of information between the teams. Proposers shall provide the Department’s

Contact with all required written certifications received from its subcontractors at time of

SOQ submission;

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C) Contact between each Proposer and the Department (questions and responses to questions) shall only be through the Department’s Contact;

D) Unless otherwise specifically authorized by the Department, or in this RFQ, a Proposer may contact the Department only through the Department’s Contact and only in writing by e-mail. The Proposer’s contacts with the Department shall only be through a single individual authorized to represent the Proposer;

E) Communications between a Proposer and the Department’s team of staff and consultants is allowed during any joint workshops and 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 Project, including staff members, members of any SOQ evaluation committee and any other person who will evaluate

SOQs, regarding the Project, except through the process identified above;

G) Any contact by a Proposer determined by the Department to violate the Rules Of Contact can result in disqualification of the Proposer and result in any other remedy under the 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 specified 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 Project. Stakeholder staff includes employees of:

1) FHWA; and

2) State and federal agencies engaged in the Project or otherwise having jurisdiction over the Project.

Information regarding the Project will be posted on the Department’s BidExpress website.

Proposers are advised to monitor the website regularly. The Department is not obligated to notify potential proposers of posted information, including Addenda, to the RFQ and/or the RFP.

1.12 PROPOSER QUESTIONS

The Department will consider questions submitted in writing by Proposers regarding the RFQ, including requests for clarification and requests to correct errors. All such requests must be submitted in writing by e-mail to the Department’s Contact.

Only written requests by e-mail will be considered. No oral requests will be accepted. No requests for additional information or clarification to any other Department office, Consultant, employee or

National Electric Vehicle Infrastructure - North 8 General Instructions the FHWA will be considered. All responses to Proposer’s questions on the RFQ that are not confidential will be disseminated only by posting on the Department’s BidExpress website.

Responses will not indicate which Proposer raised particular questions. Responses to questions will not be mailed out.

Only questions received by 12:00 P.M. (Noon) Eastern Time on the Final Date for Receipt of RFQ

Questions specified in Appendix A will be addressed.

Questions must include the requestor’s name, address, telephone number and e-mail address, and the Proposer that he/she represents.

The Department may consolidate, and may post multiple sets of questions and answers. The last response will be posted on the Department’s website on the date indicated in the procurement schedule in Appendix A.

1.13 RFQ ADDENDA

If necessary, the Department will issue addenda to modify conditions or requirements of this RFQ.

Addenda will be disseminated only by posting on the Department’s BidExpress website. Addenda will not be mailed out. Proposers are advised to visit the Department’s BidExpress website regularly to check for addenda. The final addendum will be posted on the Department’s

BidExpress website not later than seven (7) calendar days prior to the SOQ Due Date. If an additional addendum is required within seven (7) calendar days of the SOQ due date, the SOQ

Due Date will be revised such that there will be seven (7) calendar days or greater from the final addendum to the SOQ due date.

It is anticipated that the Department may also use the Department’s BidExpress website to present general market-related inquiries and to receive replies to these inquiries from industry practitioners. These general questions-and-answers would not form part of the SOQ process for the Project, and any replies received would not be included within the SOQ evaluation for any

Proposer.

1.14 NOTIFICATION OF FIRMS ON THE SHORTLIST

The Department will notify each Proposer, officially in writing, whether or not it has been selected for the shortlist. The shortlist will be posted on the Department’s website after all shortlisted firms have been notified. Shortlist announcement can be expected no later than the date specified in

Appendix A.

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1.15 COSTS

Proposers are solely responsible for all costs and expenses of any nature associated with responding to this RFQ, including preparing an SOQ, attending any briefing(s), workshop(s) or meeting(s), and/or providing supplemental information.

1.16 ORGANIZATIONAL AND CONFIDENTIALITY REQUIREMENTS

Only prospective Proposers who are capable of completing the Project in its entirety will be considered eligible to be included in the shortlist; and Proposer organizations, including Principal

Participants, Constructor(s), Designer(s), and Key Personnel identified in the SOQs submitted by

Proposers must remain intact for the duration of the procurement process and the subsequent

Contract. A shortlisted Proposer may propose substitutions for participants; however, such changes will require written approval by the Department. Approval may be granted or withheld in the Department’s sole discretion. During the RFP phase, requests for changes to the Proposer’s organization must be made in writing no later than the date listed in the procurement schedule in the RFP Instructions to Proposers. Requests by shortlisted Proposers for changes in any of the

Principal Participants or Design-Build Team will be particularly scrutinized. The Proposer should carefully consider the make-up of its team, prior to the submittal of the SOQ, to reduce the likelihood of occurrence of any such changes during the Proposal period and throughout the term of the Contract.

The Key Personnel identified in the Statement of Qualifications (SOQs) have standing both in qualifying the team for shortlisting and in contributing to the Team’s Quality Evaluation Factor score in the evaluation of their Project proposal, which could lead to their Selection of Best Value

Proposal. Therefore, it is imperative that the Key Personnel remain intact not only throughout the procurement process, but for the duration of the Project until Project Completion.

Key Personnel positions which have full-time project commitments as noted in Appendix A shall not serve on more than one ongoing Department Design-Build Project at the same time. The Key

Personnel identified in the SOQs are considered important to the success of the Project.

Individuals serving in certain Key Personnel positions requiring full-time project commitments are not permitted to serve the same or even different Key Personnel positions on other ongoing

Department Design-Build projects or Design-Build pursuits. Key Personnel, and their firms, shall not appear in the SOQ submission of more than one team. If unsuccessful in being shortlisted, or unsuccessful in being selected as Best Value, or if the time commitment requirement for the previous project has or will be met in accordance with the project requirements, then those Key

Personnel are available for other Design-Build solicitations. Confirmation from the Department of such completion that the Key Personnel commitment has concluded or will conclude no later than the announcement of shortlisted teams date identified in Appendix A shall be submitted with the

SOQ. This date shall apply for all Key Personnel except the Project Manager, and Project

Superintendent, whose commitment shall conclude no later than the Proposals Due Date identified in Appendix A. Proposers who fail to comply with these requirements risk being disqualified from this procurement.

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Proposers that make changes to the Principal Participants, Constructor(s), Designer(s), or Key

Personnel identified in the SOQs without Department approval can be disqualified from the

Contract.

Key Personnel positions identified in the RFQ shall be carried forward to the RFP. The scoring of these Key Personnel positions in the evaluation of the SOQ will likewise carry forward in the scoring of these Key Personnel positions in the Proposals submitted from the shortlisted firms.

The scoring of the Key Personnel will not be altered for these positions, even if the shortlisted firm(s) has proposed and received Department approval for substitution of one or more participants that meet the required equal or better requirement for change in Key Personnel.

1.17 PROPOSAL STIPEND

The Department will provide payment of a stipend to Proposers on the shortlist who submit a

Proposal in response to the RFP, subject to certain stipulations contained in the RFP. The

Proposer selected for contract award will not be eligible for such payment. Details and a sample contract will be provided in the RFP. No Proposer will be obliged to accept an offer of a stipend.

Any Proposer that declines to accept payment of a stipend will be required to sign a waiver to its right to payment. The amount of the stipend is included in the RFQ, Appendix A.

1.18 FOREIGN MATERIALS AND EQUIPMENT

Provisions set forth in Section 106.03 of the General Provisions apply.

1.19 IRAN DIVESTMENT ACT OF 2012

As a result of the Iran Divestment Act of 2008 (Act), P.L. 2007, c.250 a new provision is supplementing P.L. 1950, c.270 effective January 04, 2008. The Design-Build project is subject to the “Iran Divestment Act of 2008” policies, as well as requirements associated with the “Iran

Divestment Act of 2008” as specified in Section 7.1.5 of the Instructions to Proposers.

1.20 PROHIBITION ON DEALINGS WITH RUSSIA OR BELARUS-ASSOCIATED

BUSINESSES

Pursuant to the “Prohibition on Dealings with Russia or Belarus-associated Businesses”, P.L.

2022, c.3, the Design-Build project is subject to the “Prohibition on Dealings with Russia or

Belarus-associated Businesses” policies, as well as requirements associated with “Prohibition on

Dealings with Russia or Belarus-associated Businesses” as specified in Section 7.1.6 of the

Instructions to Proposers.

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1.21 SECTION RESERVED

1.22 NONDISCRIMINATION

Discrimination in all phases of contracted employment, consultant activities, contracting activities and training is prohibited. Refer to policies as set forth in Section 102.13.01 of the General

Provisions.

2 PROCUREMENT PROCESS

2.1 OVERALL PROCUREMENT PROCESS

The process for procurement of the Contract will use Best Value as a basis of selection. The

Department intends to award the Contract to the Proposer who provides the Proposal with the best combination of price and quality factors.

The procurement process will include two phases:

A) Phase 1: Solicitation/RFQ (Determination of shortlist); and

B) Phase 2: RFP (Selection of Design-Builder from Proposers on the shortlist who submit

Proposals).

2.1.1 RFQ

The purpose of the RFQ is to allow the Department to determine the shortlist of Proposers that will be invited to submit Proposals for the Project. In order to be eligible for evaluation, SOQs submitted in response to this RFQ must include information addressing each pass/fail and quality evaluation factors identified herein. Refer to Section 4.0 for SOQ submittal requirements and evaluation factor objectives and requirements.

2.1.2 RFP (FOR INFORMATIONAL PURPOSES ONLY)

The purpose of the RFP is to allow the Department to select the Design-Builder whose Proposal offers the Best Value for the Project. The RFP will provide specific instructions on what to submit, the evaluation factors, the objectives and requirements for evaluation and the evaluation rating guidelines for the RFP step of the procurement. The RFP will initially be issued as a draft, with the intent of engaging the Proposers on the shortlist in its review before finalization.

For informational purposes, and team building purposes, the following summarizes elements of the RFP evaluation and proposal package as currently anticipated by the Department:

A) Evaluation factors for each RFP may include, but not be limited to:

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1) Pass/Fail:

a) Legal Requirements;

b) Financial (review of updated financial documentation, surety commitments);

c) Administrative (responsiveness of the Proposal); and

d) Provision of Proposal Bond.

2) Quality (these factors may also include subfactors):

a) Design-Build Organization and Process

• Key Personnel: The Department anticipates the inclusion of the following key personnel as evaluation factors in the RFP:

i. Project Manager

ii. Project Superintendent

iii. Design Engineer

• Overall Design-Build Team Organization

i. Design-Build Team Organizational Chart

ii. Design-Build Team Communication Protocol

iii. Initial Operation and Maintenance Plan

b) Schedule

• Project Completion/Interim Milestone

3) Price Bid

B) Information to be submitted in the Proposals shall include, but not be limited to:

1) The roles and responsibilities of the Principal Participants, Constructor(s), Designer(s) and their relationships in the organization;

2) Legal documents demonstrating ability to enter into a Contract with the Department;

3) Proposal Bond;

4) Specified certificates and representations;

5) Description of the Design-Build Organization Structure and Communication, with emphasis on managing and producing a quality Project, including: team organization structure, team communication protocol, and initial quality control plan.

6) Design-Build Approach with emphasis on innovations (as appropriate), including:

design and construction approaches, proposed materials, quality, durability and maintainability, etc., knowledge of the complexities, and potential risks associated with the project;

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7) Schedule, with emphasis on expediting construction and minimizing disruptions to the travelling public, including: design and construction activities, critical path, construction staging, detours and activity durations;

8) Affirmative commitment to provide the identified Key Personnel;

9) Provide proof of site location, site host/ property owner readiness, and environmental readiness for compliance with a NEPA CE determination for each DCFC Development site;

10) Utility readiness;

11) A Price bid; and

12) Any specified design documents and conceptual diagrams/sketches.

While price is an important factor in the RFP step of the procurement, quality factors will also be used in determining the best value for the success of the Project. The RFP requirements and evaluation and selection procedures are designed to allow the Department to conduct a comprehensive evaluation of quality in addition to considering the price offered, thus allowing the

Department to determine which Proposal is the best value. At the end of the evaluation of the

Proposals, the Department will perform an assessment of the price and the quality factors and will identify the Proposer that has offered the most advantageous (Best Value) Proposal. The

Department reserves the right to request revised Proposals following initial evaluations. The evaluation process will be described in more detail in the RFP.

The description of RFP terms and conditions contained herein, including the anticipated scope of services, evaluation factors and submittal requirements, is preliminary and subject to change in the RFP.

2.2 PROCUREMENT SCHEDULE

The anticipated procurement schedule is shown in Appendix A.

3 EVALUATION PROCESS FOR THE STATEMENT OF

QUALIFICATIONS (SOQ)

3.1 EVALUATION OBJECTIVES

The objective of the RFQ step of the procurement is to create a shortlist of the most highly qualified Proposers to successfully undertake and complete the Project. The Design-Builder will have primary responsibility to plan, design, install and construct, operate, maintain, manage and control the Project and to complete the Project on or ahead of schedule and on or under the

Contract price. The Department expects high responsibility standards of the Design-Builder and

National Electric Vehicle Infrastructure - North 14 General Instructions this is reflected in the quality evaluation factors of this RFQ and will be reflected in the RFP and the Contract.

3.2 REVIEW AND EVALUATION OF THE SOQ

The information submitted in accordance with the RFQ will be evaluated in accordance with both the pass/fail factors listed in Section 3.3.1 and the quality evaluation factors provided in Section

3.3.2. These evaluation factors are further defined in Section 4.4.2.

Evaluation of the SOQs will be based on information submitted in the SOQs and will involve both pass/fail and quality evaluation factors. Evaluation of the Proposals will be based on information submitted in the Proposals and will involve both pass/fail and a combination of price and quality evaluation factors. Proposers should note that both the SOQ and Proposal must be self-contained, i.e. all of the information necessary to make a complete and comprehensive evaluation must be contained within the Proposer’s SOQ and Proposal. Proposers shall not assume that any

Department staff, that will be involved in the evaluation of the SOQs or Proposals, will have general knowledge of the firms or its Key Personnel.

3.3 EVALUATION FACTORS FOR THE RFQ PHASE

The Department has identified the following factors and/or sub-factors that are of particular importance to the Department. This information is provided here to assist Proposers in organizing their teams and preparing their SOQ.

3.3.1 PASS/FAIL EVALUATION FACTORS

A) The pass/fail evaluation factors are:

1) Legal;

2) Financial;

3) Backlog and Capacity; and

4) Suspension or Debarment.

B) Pass/Fail determinations will be based on the following criteria and the information submitted as required by Section 4 Requirements of SOQ Submission:

1) Demonstrated capability to enter into a contractual relationship with the Department and a declaration of willingness to do so;

2) Demonstrated capability to provide required bonds and guarantees and to meet other financial requirements of undertaking and completing the Work;

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3) Demonstrated capacity to successfully complete the design and construction of the

Project, considering current, committed and potential workload;

4) Proper identification of all Principal Participants, Constructor(s), and Designer(s);

5) Determination that the Design-Build Team members or entities are not suspended or debarred; and

6) Proper submittal of the required information per the requirements of the RFQ.

If a Proposer passes all pass/fail factors, its SOQ will be further evaluated using the factors for quality rating detailed in Section 3.3.2. If a Proposal fails any single pass/fail requirement resulting in a Deficiency, the SOQ will be declared not responsive, the quality factors will not be rated, and the Proposer will not be included on the shortlist.

3.3.2 QUALITY EVALUATION FACTORS

The quality evaluation factors to be evaluated in the SOQs are:

A) Organization and Key Personnel;

B) Experience of the Firms;

C) Past Performance and

D) Compliance with SOQ Format and Organization Requirements.

The relative weights of the quality evaluation factors are included in Appendix A.

During this evaluation, ratings will be assigned for various sub-factors (see Section 4.4.2) within each quality evaluation factor. The ratings assigned to each sub-factor will be compiled to determine an overall quality evaluation factor rating. The ratings assigned to the quality evaluation factors will be compiled to determine an overall quality rating for the SOQ.

3.4 REQUESTS FOR CLARIFICATION BY THE DEPARTMENT

The Proposer shall provide accurate and complete information to the Department. If information is not complete, the Proposer’s SOQ can be considered non-responsive. If the information provided requires clarification, the Department will notify the Proposer and request that the clarification be submitted within 24 hours or a time deemed appropriate by the Department.

The Department may waive minor irregularities in the form of the SOQ that do not alter the quality or quantity of the information provided.

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The Department can, at its sole discretion, request clarifications from Proposers during the SOQ evaluation and shortlist process.

All requests and responses shall be in writing by e-mail. Responses shall be limited to answering the specific information requested by the Department.

The Department does not anticipate conducting interviews during the RFQ phase, but reserves the right to do so. The Proposers shall be notified in writing or by email if the Department elects to conduct interviews.

Proposers must submit follow-up responses to inquiries by the Department. Responses shall be submitted to the Department’s Contact by email no later than the deadline specified in the

Department’s request for clarification.

In the event that a material error is discovered in the RFQ during the SOQ evaluation process, the Department will issue an addendum to the RFQ, and provide all Proposers an opportunity to submit the information required based on the issued addendum.

3.5 DETERMINATION OF THE SHORTLIST

The Department will establish a shortlist, for the Project, of an appropriate number (as determined by the Department) of the most highly qualified Proposers in order to ensure adequate competition. At the Department’s discretion, a maximum of three (3) firms may be shortlisted.

3.6 SHORTLIST PROTEST

The Department’s decision of the Proposers to be included on the shortlist is final and is not appealable, reviewable or reopened in any way. Persons and entities participating in the RFQ phase of this procurement are deemed to have accepted this condition and other requirements of this RFQ. See Section 5.0 through 5.5 for additional protest provisions.

Subject to applicable New Jersey law, contents of SOQs, less proprietary information, to the extent protected under applicable New Jersey State law, will become public information upon execution of the Contract.

4 REQUIREMENTS OF SOQ SUBMISSION

4.1 SUBMITTAL REQUIREMENTS

4.1.1 DUE DATE AND TIME

All SOQs must be submitted no later than 3.00 pm Eastern Time (ET) on the SOQ Due Date specified in Appendix A.

SOQs received after 3:00 pm (ET) on the SOQ Due Date will not be considered.

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4.1.2 ELECTRONIC COPY

Proposers shall submit the SOQ in electronic format via BidExpress (See Section 4.2). A separate folder shall be used for the submission of each volume of the SOQ (See Appendix B).

Submitted electronic files shall be, as appropriate, either:

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

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

Digital or scanned signatures will be accepted.

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 SOQ shall be clearly communicated via the filenames and (if used) the folder/sub-folder names adopted by the Proposer.

4.2 BIDEXPRESS WEBSITE

Submit SOQs via BidExpress:

https://www.bidexpress.com/businesses/5643/home

It is the Proposer’s sole responsibility to ensure submission of its SOQ to the Department by the time specified in Section 4.1.1, and the Department shall, therefore, have no liability or responsibility regarding the submission of a Proposer’s SOQ. SOQs will only be accepted if submitted through BidExpress.

4.3 PAGE LIMIT, FORMAT AND QUANTITIES

Refer to Appendix B for details of page limits and requirements for the formatting of SOQ submissions.

4.4 CONTENT OF SOQ

This Section 4.4 describes the specific information that must be included in the SOQ. An outline of the required format for the SOQ is provided in Appendix B. Required forms for the SOQ are contained in Appendix C. Any material modification to the forms may result in the SOQ being declared non-responsive. Fields may be expanded to accommodate additional text, as long as the completed Form does not exceed the page limit specified. Do not include photographs or web links unless specifically instructed.

Proposers should provide brief, concise information that addresses the objectives and the requirements of the Project consistent with the evaluation factors described in Section 4.4.2.

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Lengthy narratives containing extraneous information are discouraged. If the Proposer’s organization has not yet been formed, information regarding the future organization shall be provided as appropriate to allow the Department to determine whether the future organization will meet applicable requirements once it is formed (See Section 4.4.2.1). The Proposer shall attach the required written certification from subcontractor(s) serving on more than one proposal team as discussed in Section 1.11 Rules of Contact.

4.4.1 COVER LETTER

The Proposer shall provide a cover letter (no more than two pages) indicating its desire to be considered for the Project and stating the official names and roles of all Principal Participants and

Design-Build Team members. The Proposer shall identify a single point of contact for the

Proposer and the address, telephone and fax numbers and e-mail address, where the Department can direct questions. Authorized representative(s) of the Proposer’s organization shall sign the letter. If the Proposer is not yet a legal entity or is a joint venture or general partnership, authorized representatives of all Principal Participants shall sign the letter.

The Proposer shall attach to the cover letter the completed acknowledgment of receipt form

(Appendix C Form AOR) acknowledging receipt of the RFQ and any addenda and/or responses to questions issued by the Department. The Proposer shall attach the required written certification from subcontractor(s) serving on more than one proposal team as discussed in Section 1.11

Rules of Contact.

4.4.2 EVALUATION FACTOR OBJECTIVES AND REQUIREMENTS

In providing a SOQ, Proposers should be guided by the overall Project goals and objectives in

Section 1.2 and the specific RFQ objectives and requirements listed in Sections 4.4.2.1 through

4.4.2.8. The SOQ evaluation ratings described in Section 3.3 will reflect how well a SOQ responds to the requirements and meets or exceeds the objectives for each of the evaluation factors.

4.4.2.1 Legal (Pass/Fail)

A) Objective:

To confirm the Proposer is prequalified, legally constituted, able to submit a Proposal and enter into the Contract to complete the Work, B) Requirements and information to be provided in Volume 1 of the SOQ:

Form L-1 (Appendix C), Proposer’s Organization Information, for the Proposer’s organization.

C) Requirements and information to be provided in Volume 1 of the SOQ if the Proposer is a joint venture or partnership of different firms:

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1) Identity of the Lead Principal Participant of the entity, if any (Form L-1, Appendix C.

Only one Form L-1 is to be submitted for a Joint Venture or partnership of different firms); and

2) Percent equity share held by each member (Form L-1, Appendix C); and

3) If the Proposer has already been legally constituted, full details of the organizational structure and supporting organization/formation documents including a copy, as applicable, of the joint venture agreement, limited liability company operating agreement or partnership agreement; and

4) If the Proposer has not yet been legally formed, a description of the proposed legal structure and draft copies of the underlying documents, including:

i. All significant terms of the joint venture* or partnership, including the rules relative to the administration of the joint venture, limited liability company or partnership, including dealing with deadlock situations;

• *If a joint venture has not been established with a valid Federal Employer

Identification Number, the Joint Venture agreement should contain language naming a “Designated Member” who shall receive payment of any potential stipend on behalf of the joint venture and that the Designated Member’s right to receive the stipend survives termination of the Joint Venture agreement should it be terminated prior to the payment of the stipend

ii. Description of how the joint venture, limited liability company or partnership will operate administratively and technically;

iii. A teaming agreement or comparable document setting forth the equity members’ agreement to form the organization; and

iv. If a Proposer has not yet been legally formed at the time of the submission of their

Proposal to the Department, the Proposer must be legally formed before the

Department will Award or execute a Contract with the Proposer. If there is a delay, for any reason whatsoever, in the forming of the legal entity, the Award, contract execution and the notice to proceed will be postponed until the legal entity is fully formed. The resulting delay shall not change any of the contractual interim milestone or final completion dates in the Contract and Proposal and liquidated damages will be assessed for each day the interim milestone or final completion dates are not met. If the Proposer has not yet been legally formed within 7 calendar days of designation of best value selection, the Department can, at its discretion, reject the Proposal and proceed to award the Contract to the Proposer having the apparent next best value Proposal.

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5) An express statement from each of the equity members of the entity as to their joint and severable liabilities.

D) Requirements and information to be provided in Volume 1 of the SOQ:

1) Proof of Professional Engineering Licenses for Project Key Personnel that have a requirement to be currently registered as a Professional Engineer in the State of New

Jersey. Failure to meet this requirement will result in the Proposer’s Proposal being deemed as non-responsive and ineligible for stipend payment.

2) Use Form L-3 (Appendix C) to submit a copy of the Certificate of Authorization to provide Professional Engineering Services issued by the NJ Division of Consumer

Affairs for the appropriate team members (Engineering and/or Land Surveying Firms), or submit documentation on Form L- 3 (Appendix C) demonstrating the ability to obtain said Certificates and licenses, in accordance with the NJ Division of Consumer Affairs.

E) Requirements and information to be provided in Volume 1 of the SOQ:

Qualifications to Propose - The Proposer is an individual, firm, or corporation submitting a proposal for the advertised Project. If the Proposer is a Joint Venture, (joint venture between two or more contractors, not between a contractor and a designer) both joint venture firms must meet the prequalification requirements (Construction Work

Classification: 5, 7 or 44 and Construction Classification Minimum Project Rating:

$10,000,001) as per 4.4.2.1 E 1. Please refer to Section 4.4.2.1 C for requirements and information to be provided if the Proposer is a joint venture or partnership of different firms.

The Department will not accept SOQs from Proposers who fail to meet all the following criteria:

1) Prequalification: The Proposer has been prequalified according to regulations covering the Classification of Prospective Proposers as required by N.J.S.A. 27:7-35.1, et seq, N.J.A.C. 16:44-3, et seq, and N.J.A.C 16:44A-3.1.

https://www.nj.gov/transportation/business/procurement/ProfServ/PrequalRequirements.shtm https://www.nj.gov/transportation/business/procurement/ConstrServ/prequalrequire.shtm

Design-Build Team Prequalification Criteria:

• Construction Work Classification: 5, 7 or 44

• Construction Classification Minimum Project Rating: $10,000,001

• Design: H-1 Level A & T-1 Level A (At least one Designer shall be prequalified in all disciplines listed.)

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2) Before the receipt of the proposal or…