N.J. Admin. Code § 10:3-3.5

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

Section 10:3-3.5 - Internal controls for proposals

(a) The departmental component or CHSAC/designated entity shall maintain all correspondence to and from the departmental component or CHSAC/designated entity, whichever is applicable, in a file retained in the individual program RFP records.

(b) The person who maintains the correspondence file shall be different from the staff personnel who are on the review panel and participating in the selection process.

(c) The log shall indicate, at minimum, the following information:

1. The name of the program;

2. The submission deadline date;

3. The date the completed proposal was received from the applicant;

4. The name of the Department or CHSAC/designated entity staff person receiving the proposal for review and selection;

5. The decision of the review panel in awarding the contract; and

6. The date the decision letter notifying the applicant of acceptance or rejection was sent.

(d) All proposal packages shall be sent to applicants via first class mail, hand delivered or picked up in person, as decided by the departmental component, to ensure timely receipt by the applicant.

(e) Proposal packages from applicants shall be date and time stamped upon receipt.

(f) All decision letters concerning acceptance and rejection shall have the same date and shall be mailed via first class mail on that day.

(g) When a CHSAC/designated entity is handling the RFP process, all documentation shall be forwarded to the departmental component responsible for signing the contract for final approval and retention.

(h) The departmental component shall communicate to the CHSAC/designated entity the outcome of any departmental component protest process on a CHSAC/designated entity RFP and forward a copy of the final award letter to all parties concerned.

(i) When the RFP is for the privatization of DHS services/programs, the departmental component shall ensure that:

1. Department employees intending to bid on a privatization contract notify the New Jersey Executive Commission on Ethical Standards (Commission) in writing, with a copy to departmental component management, as soon as possible and before the application deadline;

2. The Division Director or other designated operations officer shall submit an affidavit to the Commission, stating that the named employee(s) had no substantial involvement in any of the following:

i. The decision to privatize the service/program or the ongoing privatization process;

ii. The preparation of the RFP; or

iii. The evaluation of the bids;

3. The Privatization Participation Documentation Form, Appendix C incorporated herein by reference, is completed, thus identifying all persons involved with the privatization project and those eligible to respond to the RFP;

4. The departmental component shall maintain records identifying all individuals involved in the privatization process, including, but not limited to, the employee's letter to the Executive Commission on Ethical Standards, the affidavit, and a list of all persons working on the privatization project.

(j) A blind review may be employed when deemed necessary by the departmental component.

N.J. Admin. Code § 10:3-3.5

Amended by R.1993 d.597, effective 11/15/1993.
See: 25 N.J.R. 3694(b), 25 N.J.R. 5165(a).
Amended by R.1997 d.532, effective 12/15/1997.
See: 29 N.J.R. 3959(a), 29 N.J.R. 5314(a).
Added (i).
Amended by R.1998 d.551, effective 11/16/1998.
See: 30 N.J.R. 3193(a), 30 N.J.R. 4043(a).
In (a), substituted "maintain" for "record" following "shall", substituted a reference to files for a reference to logs, and substituted a reference to records for a reference to files; in (b), substituted "The person who maintains the correspondence file shall be" for "Correspondence shall be recorded in the log by a staff person" at the beginning; in (c), deleted former 3 and 4, and recodified former 5 through 8 as 3 through 6; in (d), substituted "picked up in person" for "faxed" following "delivered or"; in (i), added "When the RPF is" at the beginning; and added (j).
Amended by R.2009 d.211, effective 7/20/2009.
See: 41 N.J.R. 66(a), 41 N.J.R. 2790(a).
In (h), substituted "protest process" for "informal review" and "a" for "an" preceding "CHSAC", and inserted "to all parties concerned".