N.J. Admin. Code § 16:44-3.8

Current through Register Vol. 56, No. 24, December 18, 2024

Section 16:44-3.8 - Project rating

(a) Classified contractors will be assigned a project rating for work types in which the Department determines they have sufficient experience. The project rating will reflect the experience and quality of work of the contractor, its officers, stockholders, managing members and key personnel. The Department reserves the right to not assign a project rating to any contractor for good cause shown. The Department will notify the contractor of any such proposed action and an opportunity will be given to present additional information in support of its classification request. A contractor may be assigned project ratings in differing ranges for different work types.

(b) Project ratings in any work type cannot exceed the determination of the contractor's financial capability.

(c) For each work type in which a project rating is assigned, that project rating will be determined by the Department on the basis of one of three methods as follows:

1. Utilizing performance ratings;

2. Evaluation of verifiable work experience; or

3. Evaluation of resumes of officers, stockholders, managing members or key personnel.

(d) Utilizing performance ratings: For contractors that have completed Department work within the last 12 consecutive rated periods, the contractor's overall performance rating will be used to determine their project rating.

1. If the contractor's overall performance rating is 70 or above, the contractor will receive a project rating equal to its financial capability as referenced in Table I at N.J.A.C. 16:44-3.6.

2. If a contractor's overall performance rating is less than 70, the Department may, in the public interest, not assign the contractor a project rating, or may assign a limited project rating.

(e) Evaluation of verifiable work experience: For contractors that have not been assigned a performance rating within the last 12 consecutive rated periods, and in which the contractor engaged in the work types for which classification is being sought, the project rating will be determined as follows:

1. For each project being evaluated, the contractor will provide information from public and private owners for whom the contractor has performed work. Those owners will be contacted and the information will be reviewed, evaluated and a score assigned in the manner set forth in Table II - Work Performance Score and Table III - Work Experience Score, below:

Table II
Work Performance Score
Work Performance	Rating Points
Excellent	Good	Fair	Poor
Quality of work	1.00	0.80	0.50	0.0
Completion of work on-time	0.50	0.40	0.25	0.0

Table III
Work Experience Score
Equivalent	Related Project	No Equivalent or
Project Experience	Experience	Related Project
Experience
Work experience	1.00	0.50	0.00
on projects

2. The contractor's work performance score and work experience score will be combined to establish an overall quality score for each project evaluated. For each project, the maximum potential quality score is 2.50. See example: (Work Performance Score + Work Experience Score = Quality Score)

1.5 + 1.0 = 2.5

3. The average of the quality scores calculated for each evaluation will be multiplied by the dollar value of the largest completed project for which an evaluation was performed. A contractor's project rating shall be the range found in Table I at N.J.A.C. 16:44-3.6, within which the resulting dollar figure falls.

4. If the contractor's work performance scores are evaluated to be excellent or good and the project work experience is determined by the department to be equivalent work, the Department will assign a project rating equal to its financial capability.

(f) Evaluation of resumes of officers, stockholders, managing members or key personnel: For contractors with no verifiable contracting experience, newly formed contractors, or contractors without work experience, the project rating will be determined as follows:

1. Officers, stockholders, managing members or key personnel must submit resumes detailing verifiable contracting experience.

2. Upon verification of acceptable contracting experience, the Department will, in the exercise of its discretion and for good cause, assign a project rating corresponding to the level and quality of that experience.

3. If the key personnel to be evaluated are not officers, stockholders or managing members of the contractor's company, the contractor shall submit an affidavit, stating that these individuals are currently full-time employees of the contractor and that the contractor will immediately notify the Department of any change in their employment status. Upon notification of a change in the employment of key personnel, the Department may reevaluate the contractor's classifications.

(g) Contractors forming a joint venture pursuant to N.J.A.C. 16:44-7.2 will have their project ratings combined where each joint venture participant has been assigned project ratings in at least one of the work types specified in the project advertisement.

N.J. Admin. Code § 16:44-3.8

New Rule, R.2010 d.122, effective 6/21/2010.
See: 41 N.J.R. 3387(a), 42 N.J.R. 1239(a).
Amended by R.2011 d.218, effective 8/15/2011.
See: 43 N.J.R. 1175(a), 43 N.J.R. 2192(b).
In (d)1, substituted "70" for "80"; and deleted (d)3.