N.J. Admin. Code § 17:11-8.3

Current through Register Vol. 56, No. 9, May 6, 2024

Section 17:11-8.3 - Challenge procedures; challenge to a notice of proposed lease

(a) A potential lessor, after submitting a leased space proposal in response to an advertised RFP pursuant to 52:18A-191.1 et seq., may submit a written protest to the Director when another party's proposed lease is recommended to the Committee for approval.

(b) A potential lessor, after submitting a proposal in response to an advertised RFP and finding cause to challenge the decision to recommend another party's leased space proposal, shall make written request to the Director, setting forth, in detail, the specific grounds for challenging such decision. The challenge shall be filed within 10 working days following the potential lessor's receipt of the award decision.

1. A challenge regarding the Director's decision to recommend a lease shall contain the following items:

i. Identification of the lease number;

ii. All arguments, materials and/or other documentation that may support the challenger's position that the proposed award should be overturned; and

iii. A statement as to whether the challenger requests an opportunity for oral presentation and the reason(s) for the request.

2. The Director may disregard a challenge not containing all of the items set forth in (b)1 above.

3. The Director may disregard any challenge of the decision to recommend another party's leased space proposal filed after the 10-day challenge period and proceed with the leased space recommendation to the Committee.

(c) The Division shall, except as set forth in (e) below, hold all recommendations to award for 10 days pending protests from potential lessors. If the recommendation is challenged as set forth herein, the Division shall not present the matter to the Committee until a final decision is rendered by the Director on the merits of the challenge. The Director may present the recommendation to the Committee, notwithstanding the receipt of a challenge pursuant to the above provisions, if the failure to award the lease shall result in substantial cost to the State or if the public exigency so requires. In such event, the Director shall notify all interested parties.

(d) Any challenge which satisfies all requirements set forth in (a) through (c) above, shall be resolved by written decision of the Director on the basis of the Director's review of the written record including, but not limited to, the written challenge, the terms, conditions, and requirements of the RFP and Scope of Work, the proposals submitted in response to the RFP, pertinent administrative rules, statutes, and case law, and any associated documentation the Director deems appropriate. Such review of the written record shall, in and of itself, constitute an informal hearing.

1. The Director has sole discretion to determine if an oral presentation by the challenger is necessary to reach an informed decision on the matter(s) of the challenge. Oral presentations are fact-finding for the benefit of the Director. The Director has the discretion to establish the scope and format of such presentations, determine the appropriate means of recording the process, and to limit attendance at an oral presentation to those parties likely to be affected by the outcome of the challenge.

2. The Director shall either perform a review of the written record or conduct an oral presentation directly, and thereafter shall make a final written decision on the matter.

(e) The Director may, in instances where public exigency exists or where there is potential for substantial cost benefit or other such advantage to the State, modify or amend the time periods noted in this subchapter. In these instances, the Director shall give adequate notice to the parties involved.

N.J. Admin. Code § 17:11-8.3

Amended by 48 N.J.R. 1466(a), effective 7/18/2016