N.J. Admin. Code § 16:72-6.4

Current through Register Vol. 56, No. 12, June 17, 2024
Section 16:72-6.4 - Time frames

As soon as possible after receipt of the complaint, the Chief Procurement Officer, or his or her designee, will provide written notice to the contractor against which the complaint was filed. Once notified, the contractor must reply to the complaint within 10 business days of the contractor's receipt thereof, or prior to the deadline specified in the notice of complaint, whichever date is earlier. The contractor may cure or submit a corrective action plan for any defects during that period. A cure or corrective action plan may be taken into consideration by the Chief Procurement Officer's designee in determining whether a complaint is to be resolved against the contractor. The contractor shall notify the assigned designee of any cure or corrective action plan effectuated by the contractor. However, such a cure or corrective action plan shall not serve as cause for automatic invalidation of a meritorious complaint. The using department may file a response to the submission of the contractor and provide a copy of the using department's response to the contractor. As soon as practicable after receipt of the response provided, the Chief Procurement Officer's designee shall issue an initial determination to the contractor and using department regarding the merits of the complaint. The contractor or using department may file an appeal to the Chief Procurement Officer within 10 business days of receipt of NJ TRANSIT's initial determination or, prior to the deadline specified in the initial determination, whichever date is earlier. If the Chief Procurement Officer finds that a complaint against a contractor is valid, the contractor shall be notified of the time by which corrections are to be made. Any time frame specified in this subchapter may be shortened or extended by the Chief Procurement Officer for good cause. In such instances, the Chief Procurement Officer shall give adequate notice to the parties involved. A pending complaint or an initial determination shall not prevent NJ TRANSIT from exercising any other right or seeking any remedy available at law or in equity.

N.J. Admin. Code § 16:72-6.4

Adopted by 51 N.J.R. 1209(b), effective 7/15/2019