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Terms Used In New Jersey Statutes 18A:18A-62

  • Commissioner: means the Commissioner of Education. See New Jersey Statutes 18A:1-1
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract: means any agreement, including but not limited to a purchase order or a formal agreement, which is a legally binding relationship enforceable by law, between a vendor who agrees to provide or perform goods or services and a board of education which agrees to compensate a vendor, as defined by and subject to the terms and conditions of the agreement. See New Jersey Statutes 18A:18A-2
  • Department: means the State Department of Education. See New Jersey Statutes 18A:1-1
  • State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
35. a. If a contracting unit determines in its discretion that the design-build approach meets their needs better than the traditional design-bid-build approach established under New Jersey public procurement statutes for the project or projects under consideration, it shall be the public policy of this State to permit that contracting unit to enter into design-build contracts as defined in section 34 of P.L.2021, c.71 (C. 18A:18A-61), provided the following conditions are met:

(1) The project or projects under consideration have a cost equal to or exceeding $5,000,000.

(2) The contracting unit shall, prior to issuing solicitations, publish procedures consistent with regulations promulgated by the Department of Community Affairs, in consultation with the Department of Education, where applicable for the solicitation and award of design-build contracts, and shall adhere to sections 34 through 41 of P.L.2021, c.71 (C. 18A:18A-61 through C. 18A:18A-68) and those procedures; and

(3) The contracting unit shall, for each public project or projects under sections 34 through 41 of P.L.2021, c.71 (C. 18A:18A-61 through C. 18A:18A-68), make a determination based on the timeliness of the project or projects that it is in the best interest of the public to enter into a design-build contract to complete the public project or projects.

b. All workers employed in a design-build construction project shall be paid the prevailing wage determined by the Commissioner of Labor pursuant to the provisions of the “New Jersey Prevailing Wage Act,” P.L.1963, c.150 (C. 34:11-56.25 et seq.).

c. All design-build construction projects shall be encouraged to adhere to the Leadership in Energy and Environmental Design Green Building Rating System as adopted by the United States Green Building Council, the Green Globes Program adopted by the Green Building Initiative, or a comparable nationally recognized, accepted, and appropriate sustainable development system.

d. Any design-build contract awarded pursuant to sections 34 through 41 of P.L.2021, c.71 (C. 18A:18A-61 through C. 18A:18A-68) may be reviewed by the Office of the State Comptroller.

L.2021, c.71, s.35.

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