N.J. Admin. Code § 12A:130-1.10

Current through Register Vol. 57, No. 1, January 6, 2025

Section 12A:130-1.10 - Procedures to resolve protested solicitations and awards

(a) Any actual or prospective bidder, offeror or contractor who is aggrieved in connection with the solicitation or award of a contract or its prequalification status or classification may protest to ACCCA. The protest shall be submitted in writing within five business days after such aggrieved person knows or should have known of the facts giving rise thereto. Failure to file a timely protest shall bar any further action. The written protest shall set forth in detail the facts upon which the protesting party bases his or her protest.

(b) Upon the filing of a timely protest, ACCCA's Executive Director or his or her designee shall have the authority to conduct a hearing, to settle and resolve a protest of an aggrieved bidder, offeror or contractor concerning the solicitation or award of contract or prequalification status or classification.

(c) If the protest is not resolved by mutual agreement, ACCCA's Executive Director or his or her designee shall issue a decision in writing promptly following conclusion of the hearing. The decision shall state the determination made and the reasons for the actions taken. The decision shall be mailed or furnished promptly to the protesting party and any other interested party.

(d) A decision under (c) above shall be final and conclusive, unless any person adversely affected by the decision commences an action in court.

(e) In the event of a timely protest under (a) above, ACCCA shall not proceed further with the solicitation, or with the award of the contract until the decision is rendered under (c) above, or until the Executive Director after consultation with the appropriate ACCCA personnel makes a written determination that the continued solicitation or award of the contract without delay is necessary to protect the interests of ACCCA or the public.

N.J. Admin. Code § 12A:130-1.10