N.J. Admin. Code § 19:38-4.2

Current through Register Vol. 56, No. 12, June 17, 2024

Section 19:38-4.2 - Bid protests, hearing procedures, time limitations

(a) A challenge to the following actions of the Authority shall be made as follows:

1. Project Rating: If a firm is dissatisfied with its Project Rating, the firm must submit a written protest to the Managing Director of Procurement, setting forth all arguments, materials, or other documents that may support the protestor's position and a statement as to whether the protestor requests the opportunity for an informal hearing.

i. If the Project Rating Proposal is received by the Authority more than 10 days prior to the date for submission of the Price Proposal, the written request must be received by the Authority within five calendar days after the date of the notification of the firm's Project Rating.

ii. If the Project Rating Proposal is received by the Authority less than 10 days prior to the date for the submission of the Price Proposal, but not on the same day as the submission of the Price Proposal, the written request must be received by the Authority at least three business days prior to the date for submission of the Price Proposal.

iii. If the Project Rating Proposal is received by the Authority on the same day as the Price Proposal, the written request must be received by the Authority within five days of the receipt of both the Project Rating Proposal and the Price Proposal.

2. Bid and Contract Documents: A firm intending to submit a Price Proposal for a school facilities project and objecting to a requirement of the bid and/or contract documents must submit a written protest to the Managing Director of Procurement at least three business days prior to the opening of the Price Proposals, setting forth in detail the grounds for such protest. The protest must contain all arguments, materials, or other documents that may support the protestor's position. The Authority may disregard any protest of bid and contract documents, which is filed less than three business days prior to the scheduled Price Proposal opening or which fails to provide the specific reasons for and arguments supporting the protest.

3. Price Proposal: A firm protesting the rejection of its Price Proposal or the submission of a Price Proposal by another firm must submit a written protest to the Managing Director of Procurement setting forth the specific grounds for challenging the acceptance or rejection of the Price Proposal. The protest must contain all arguments, materials or other documents that may support the protestor's position and a statement as to whether the protestor requests the opportunity for an informal hearing. A firm protesting the rejection of its own Price Proposal must submit a written protest within five days of receipt of its rejection. A firm protesting the rejection of the submission of a Price Proposal by another firm must submit a written protest within five calendar days after the opening of the Price Proposals.

N.J. Admin. Code § 19:38-4.2

Amended by R.2014 d.001, effective 1/6/2014.
See: 45 N.J.R. 1592(a), 46 N.J.R. 131(a).
Substituted "Authority" for "Corporation" throughout; in the introductory paragraph of (a)1 and in (a)2, inserted a comma following "materials", and in (a)1i, substituted "firm's" for "firms".